Dr. Nick Oberheiden
Founder, Managing Partner
Dr. Nick Oberheiden is the Firm’s founder. Nick represents clients from across the United States in the areas of federal criminal defense, constitutional law, Grand Jury subpoenas, OIG subpoenas, government investigations (involving the FBI, IRS, OIG, DEA, and others), federal litigation, health care law, regulatory compliance, and cases involving foreign legal systems.
You have a choice when it comes to selecting the right lawyer for your case. I am honored you are considering me to help you with your important matter. My prime objective is to treat all actual, former, and prospective clients fair and with dignity. This respect explicitly extends to law enforcement and opposing parties. I strongly believe that zealous advocacy and ethics are not mutually exclusive.
Your Expectations. I don’t care what brings you to me, or what you may have done wrong. I don’t judge. I offer my help. I have represented people from all walks of life, people with diverse and foreign backgrounds, companies (big and small), and many good people — including current federal prosecutors, federal agents, and police officers. Everyone can make a mistake. Unfortunately, I cannot help everyone at any point. Our firm has to reject about 20 – 30 cases per week. If you turn out to be one of them, I sincerely apologize. If you do become our client, I promise, I will be diligent, accessible, and responsive.
My Expectations. My main expectations are twofold. First, I expect you to be truthful. My representation is conditioned on your obligation to completely, truthfully, timely, and accurately disclose all facts relevant and pertinent to the case. If a client misrepresents material facts to me, I will withdraw. See United States v. Johnson, 2008 WL 2060597 (E.D.Va. May 15, 2008) and Qualcomm, Inc. v. Broadcom Corp., 2008 WL 66932 (S.D.Cal. Jan 7, 2008). Second, I expect you to follow my instructions and the law. I have a zero tolerance policy for attempts of obstruction of justice (e.g. deletion or holding back evidence) or money laundering (e.g. hiding assets from the government), to name only two examples.
Sounds good to you? Great, give me a call today and let’s explore how we can work together.
Dr. Nick Oberheiden
Clients. Many clients approach Nick in times of crisis seeking effective protection against expected or pending criminal charges and government investigations. Nick’s cases involve FBI, IRS, OIG, DEA investigations, major crimes, federal conspiracy charges, health care fraud, public corruption, bribery, wire and mail fraud, tax fraud, money laundering, federal drug charges, and crimes involving computers. Nick represents public officials, business owners, executives, physicians, attorneys, and people from all walks of life. Mistakes can happen and Nick has become a trusted advisor to federal law enforcement officials in critical personal situations.
Health care Law. A significant portion of Nick’s cases involves health care law. Nick has successfully resolved False Claims Act, Qui Tam, Medicare Fraud, Medicaid Fraud, Tricare Fraud, Stark Law, and Anti-Kickback allegations on behalf of business owners, health care executives, marketing groups, pharmacies, hospitals, laboratories, treatment facilities, physicians, dentists, and medical practices in government proceedings across the United States. Recent engagements include Medicare Fraud (no civil, no criminal liability), Tricare Fraud (no civil, no criminal liability), Anti-Kickback charges (no civil, no criminal liability), Stark Law violations (no civil, no criminal liability), CMS overpayment requests, and a great number of OIG subpoenas (all resulted in no civil, no criminal liability).
Outcomes (Criminal Cases). Nick has successfully resolved civil and criminal matters before all major federal agencies including the Department of Defense (DOD), the Department of Justice (DOJ), the Department of Health and Human Services (HHS), the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), the Office of Inspector General (OIG), the Centers for Medicare & Medicaid Services (CMS), the Department of Labor (DOL), the Federal Aviation Administration (FAA), the U.S. Postal Inspection Service (USPIS), and the Drug Enforcement Administration (DEA).
Outcomes (Civil Cases). In civil cases, Nick has significant experience with business and partnership disputes, unfair trade practices, breach of contract, embezzlement, theft, computer hacking, tortious interference, whistleblower lawsuits, ERISA litigation, high-stake employment cases, and securities violations. For example, in a case spanning federal districts in Tennessee, Texas, and Florida, a federal court agreed with Nick’s arguments regarding a de novo interpretation of Rule 45 Federal Rules of Civil Procedure redefining the subpoena authority of attorneys under federal law. Nick is a skilled negotiator in mediations, arbitrations, and inside the court room. To date, Nick has never once lost a motion for summary judgment, for plaintiffs or defendants, in federal court.
Media. Nick has been featured by TV and radio stations across the country, in all 50 states. Among others, Nick has been interviewed live by Fox News National Radio (900 stations), America Tonight, the Rusty Humphries Show (250 stations), the Lars Larson Show, the Jim Bohannon Show (45min featuring, 450 stations), Radio America, Washington Watch (270 stations), the Jeff Crilley Show, and the Genesis Communication Network (830 stations). In addition to national shows, Nick has appeared on local networks in Los Angeles, San Diego, Orlando, Tampa, Miami, Memphis, Seattle, Portland, Pittsburgh, Cincinnati, Dallas as well as shows throughout Michigan and Louisiana. He currently covers a 4-month federal public corruption trial for Fox News TV Dallas.
Academics. Nick has written several widely published books, articles, and blogs. He has taught U.S. constitutional law, problems in evidence, civil and criminal procedure, and international law around the world, including the United States, South America, Africa, and Europe. Nick holds a Juris Doctor from UCLA School of Law and a Juris Doctor equivalent from the Supreme Court of Hamburg, Germany. His Ph.D. thesis, a critical analysis of constitutional interpretation, was enriched by U.S. Supreme Court Justice Stephen G. Breyer and the Chief Justice of Brazil, among others.
Admittance. Nick is admitted to practice before the U.S. Supreme Court (Washington D.C.), the U.S. Court of Appeals (2nd, 5th & 6th Circuit), the U.S. District Court for the Northern (Dallas), Southern (Houston), Western (Austin), and Eastern District of Texas (Tyler), the U.S. District Court for the Eastern District of Michigan (Detroit), the U.S. District Court of New Mexico (Albuquerque), the U.S. District Court for the Western District of Oklahoma (Oklahoma City) as well as the U.S. District Court for the Southern (New York City) and Eastern District of New York. He is a member of the New York and Washington D.C. state bars.
Nick and his family live in Dallas, Texas, where they actively support the community and promote innovative ideas in the area of childhood education and child protection.
Nick is licensed to practice in
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit (NY, VM, CON)
- U.S. Court of Appeals for the Fifth Circuit Court of Appeals (TX, LA, MS)
- U.S. Court of Appeals for the Sixth Circuit Court of Appeals (MI, OH, KY, TN)
- U.S. Court of Appeals for the Eleventh Circuit Court of Appeals (FL, AL, GA)
- U.S. District Court for the Eastern District of Arkansas
- U.S. District Court for the Western District of Arkansas
- U.S. District Court for the District of Colorado
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the District of New Mexico
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the District of North Dakota
- U.S. District Court for the Western District of Oklahoma
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the District of Nebraska
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Eastern District of Missouri
- District of Columbia
- New York State