Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

This Is Why Clients Hire Us…

We have turned targets of investigations into witnesses, we have negotiated civil penalties from millions to nominal fines, we have convinced prosecutors to drop charges, we have avoided indictments in dozens and dozens of cases, and we have saved many clients from prison time.

1. We Dismissed Federal Indictments

Dismissing a federally indicted case is no easy task. That’s something for true champions. After all, you need to overcome the joint opinion of at least 16 grand jurors who found probable cause that our client committed a federal offense. Attorney Bill McMurrey, a distinct trial attorney and long-time DOJ-prosecutor, convinced the issuing U.S. Attorney to dismiss all charges against his clients and to undo the indictment.

2. We Avoided Criminal Charges in 94% of Our Cases

The best outcome is not to get indicted in the first place. We have avoided criminal indictments in approximately 94% of all federal investigations. In fact, since 2012, less than 2% of our clients that were under Grand Jury investigation, under an OIG subpoena, or received a target letter were prosecuted after we entered the case. Notably, we resolved every single False Claims Act investigation across the United States with no civil and no criminal liability for our client.

3. We Are Trial Attorneys

Our trial experience is impeccable. With more than 500 trials conducted and many more supervised, our team is known for its forceful trial practice. Former DOJ trial attorneys, former state and federal prosecutors, as well as veteran litigators know how to convince judges and juries. In fact, our mere case appearance has led opposing lawyers drop the idea of going to trial against our client. Young prosecutors think twice when they know Glenn Harrison or Bill McMurrey or Lynette Byrd or Heath Hyde will be involved. After all, who can say that they won 69 out of 70 federal jury trials?

4. Obtained Probation at Sentencing

Sometimes even the best lawyers can’t avoid the inevitable. When we go to sentencing hearings, we don’t just attend to agree with the government. We arrive fully prepared and determined to get the absolute best outcome. Often, even we are surprised about our outcome. Just take this most recent example. Our client, a medical provider, was indicted for Medicare Fraud in a federal criminal healthcare fraud conspiracy. The sentencing guidelines and U.S. Probation recommended years of incarceration. At the sentencing hearing, Dr. Nick Oberheiden convinced the federal judge to agree to a below-guideline sentence and he obtained probation for his client.

5. Medicare & Medicaid Audits

Provider audits can be stressful. Sometimes our clients need miracle workers. That’s our specialty! We have saved the provider’s license and avoided a referral to the U.S. Attorney’s Office in 100% of our cases. We have resolved some of the most challenging audits imaginable. For example, we completely cleared a psychologist in a Medicare audit when she had zero patient notes and was not able to produce any documentation. We successfully defended a doctor with an 82% error rate in an insurance audit. We safely navigated our clients through ZPIC audits, RACs, and Medicaid audits. All of our clients are still practicing!

6. Our Clients Are Everywhere…So Are We

Clients from across the United States hire Oberheiden & McMurrey LLP because they know that they can trust us to get the job done. Our clients are everywhere and so are we. We have handled federal matters relating to these states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nevada, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Texas, Utah, Virginia, Washington.

 

Federal Healthcare Fraud Cases (Criminal & Civil):

  • United States v. Company. Medicare Fraud Investigation by the U.S. Attorney’s Office and the Federal Bureau of Investigation (FBI) Against Our Client. We Were Able to Convince the Government to End the Case Investigation After Providing Convincing Evidence that Our Client Complied With All Relevant Medicare Laws and Regulations. Our Detailed Medicare Law Understanding Allowed Us to Successfully Defend Our Client and the Case Resulted in No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud Investigation by the Department of Justice and the Federal Bureau of Investigation (FBI) Against Our Client. We Took the Case With the Goal to Preserve Our Client’s License and His Freedom. After Several Meetings with the Government Prosecutors, We Were Able to Convince the Government to End the Investigation. Our Detailed Understanding of All Relevant Medicare Laws Permitted Us to Successfully Defend Our Client and the Investigation Resulted in No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud Investigation by the Department of Justice and the Office of Inspector General (OIG) Against Our Client. We Were Able to Convince the Government to End the Case Investigation After Providing Convincing Reasons that Our Client Complied With All Relevant Medicare Laws and Regulations. Our Medicare Law Familiarity Allowed Us to Successfully Defend Our Client and the Case Resulted in No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud Investigation by the FBI in Connection with the Office of Inspector General Against Our Client. We Were Able to Show the Federal Prosecutors that Our Client Did Not Violate Federal Healthcare Laws. Our Experience With Medicare Fraud Investigations Allowed Us to Persuade the Government to Conclude the Fraud Investigation with No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud Investigation by the Department of Health and Human Services in Connection with the Department of Justice Against Our Client. We Provided the U.S. Attorney’s Office Specific Medicare Law Exceptions and We Were Able to Convince the Government to End the Investigation. We Were Able to Successfully Defend Our Client and the Case Resulted in No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud Investigation by the U.S. Attorney’s Office and a Number of Federal Law Enforcement Agencies Against Our Client. Initially, Our Client Received a Subpoena from the Department of Health and Human Services and the Office of Inspector General for Alleged Medicare Fraud. We Were Able to Stop the Investigation and We Were Able to Successfully Defend Our Client and the Case Resulted in No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud Investigation by the Office of Inspector General (OIG) out of the Washington D.C. Headquarters Against Our Client. Throughout a Number of Meetings with the Federal Prosecutors We Were Able to Convince the Government that Our Client Did Not Violate Medicare Laws. We Were Able to End the Investigation and We Were Able to Successfully Defend Our Client and the Case Resulted in No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud Investigation by the FBI in Connection with the Office of Inspector General Against Our Client. We Were Able to Show the Federal Prosecutors that Our Client Did Not Violate Federal Healthcare Laws. Our Experience With Medicare Fraud Investigations Allowed Us to Persuade the Government to Conclude the Fraud Investigation with No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud Investigation by the FBI in Connection with the Office of Inspector General Against Our Client. We Were Able to Show the Federal Prosecutors that Our Client Did Not Violate Federal Healthcare Laws. Our Experience With Medicare Fraud Investigations Allowed Us to Persuade the Government to Conclude the Fraud Investigation with No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.
  • Medicare Fraud Investigation by Various Federal Law Enforcement Agencies Against Our Client. The Case Began With a Subpoena Issued by the Department of Health and Human Services. The Request in the Subpoena Led Us (Rightly) to Conclude that the Investigation Was Criminal in Nature. We Provided Substantial Information and Addressed the Medicare Fraud Allegations in a Number of Meetings and Ultimately Negotiated an End of the Investigation Leaving No Civil and No Criminal Liability for Our Client and Any of Its Principals, Directors, Employees, and Otherwise Affiliated Individuals.

 

Who Will Handle Your Case

When you hire us, you will not work with paralegals or junior lawyers. Each lawyer in our Healthcare Practice Group has handled at least one hundred (100) matters in the healthcare industry. So, when you call, you can expect a lawyer that immediately connects with your concerns and who brings in a wealth of experience and competence. For example, you need someone like Lynette S. Byrd, a former federal prosecutor in healthcare matters, who recently left the government and who is now sharing the valuable insights she gained as a healthcare prosecutor with our clients.

Bill C. McMurrey

Bill C.
McMURREY

Dr. Nick Oberheiden

Dr. Nick
OBERHEIDEN

Lynette S. Byrd

Lynette S.
BYRD

Glenn A. Harrison

Glenn A.
HARRISON

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