Federal Criminal Defense
Oberheiden, P.C. services clients across the nation focusing exclusively on federal defense. If you are under investigation or facing charges for a federal crime, our former Department of Justice (DOJ) prosecutors can help. Call (214) 692-2171 now.
Facing a federal investigation or federal charges is an extremely serious matter that requires experienced legal representation. With individual charges carrying the potential for years (if not decades) of incarceration and hundreds of thousands or millions of dollars in fines, complex cases involving multiple counts under multiple statutes can change the rest of your life. Many of the DOJ’s attorneys are career prosecutors who have devoted their lives to putting others behind bars. In order to protect yourself, you need a legal team that can put experience on your side.
At Oberheiden, P.C., our federal criminal defense lawyers are experienced advocates for individuals and corporate entities nationwide that are facing investigations and charges. Many of our senior attorneys are former federal prosecutors who spent decades with the DOJ and U.S. Attorney’s Office prior to entering private practice. Together, our senior attorneys offer well over a century of experience in federal criminal cases, and many of our defense lawyers, including partner Dr. Nick Oberheiden is recognized for his effective advocacy in complex federal matters.
Trusted Attorneys for Federal Criminal Cases
When choosing your legal team for a federal criminal case, results matter. At Oberheiden, P.C., a significant percentage of our clients have avoided indictment after being targeted in a federal investigation. Since 2012, only a small percentage of our clients who received a grand jury subpoena, Office of Inspector General (OIG) subpoena, or target letter were prosecuted after engaging our attorneys to represent them.
Regardless of the current status of your case, when you engage our services, our first priority will be to help you avoid going to trial. If it is not too late to avoid charges, our goal will be to work with the prosecutors assigned to your case in order to convince them that prosecution may be unwarranted. If the circumstances are such that criminal charges cannot be avoided, we will deploy a variety of significant litigation strategies in order to favorably resolve your case prior to trial.
Scope of Our Federal Criminal Defense Practice
Our federal criminal defense attorneys represent clients in all types of criminal cases. From investigation through trial and appeal, we have a significant record of success defending individuals and business entities in cases involving the allegations listed below.
Health Care Fraud
Our health care fraud defense practice involves representing physicians, pharmacists, clinicians, medical facilities, and other providers in all stages of federal investigations and prosecutions. With intimate knowledge of our nation’s complex health care regulations and the various unique issues involved in criminal health care matters, we routinely assist clients accused of:
- Overbilling Medicare, Medicaid, Tricare, and other federal government benefit programs
- Offering, paying, soliciting, and receiving illegal kickbacks and referral fees
- Engaging in illegal physician “self-referrals”
While there is no doubt that some providers intentionally abuse the federal health care system, in our experience, far more cases of alleged health care fraud involve honest mistakes and administrative errors. A significant number of cases also involve allegations that are entirely misguided. Regardless of the circumstances involved in your case, if you, your business, or your practice is being targeted for suspected health care fraud, we can use our extensive health care fraud defense experience to protect you.
Drug Charges and Conspiracy
Drug trafficking and conspiracy are among the most heavily-prosecuted federal criminal offenses. Prosecutors and Drug Enforcement Administration (DEA) agents work tirelessly to convict those suspected of drug-related crimes, and convictions can lead to substantial financial liability and long-term imprisonment. We represent clients facing allegations of manufacturing, distribution, trafficking, conspiracy, and other offenses involving:
- Prescription medications
- Other controlled substances
While the federal controlled substances laws allow for extremely-broad prosecution of suspected offenders, there are numerous potential defenses to drug crime charges as well. When you engage our federal defense team to represent you, we will conduct a comprehensive assessment to determine the defenses you have available.
Fraud, Money Laundering, and Counterfeiting
Fraud charges run the gamut from bank fraud to Medicare fraud, and individuals and businesses charged with substantive fraud offenses will often be charged with money laundering and other related offenses as well. We have extensive experience representing clients in cases involving allegations of fraud and financial crimes such as:
- Bank and check fraud
- Health care fraud (including Medicare, Medicaid, and Tricare fraud)
- Mail and wire fraud
- Money laundering
- Mortgage fraud
- Securities fraud
- Tax evasion
Generally speaking, in order to obtain a criminal fraud conviction, prosecutors must prove the element of “intent.” If you did not intend to commit fraud (even if you committed each other element of the offense), then you should not be subjected to criminal punishment. As a result, challenging the government’s evidence of intent is often a key defense strategy in federal criminal fraud cases.
While many sex crimes are prosecuted by state District Attorneys, the most-serious sex crimes are prosecuted at the federal level. A federal felony conviction for a sex-related offense can have life-changing consequences, and even the damage from simply being accused often can never be undone. If you are under investigation or facing charges for a federal sex crime, you need to take action immediately to protect yourself and our defense attorneys can take swift and aggressive action to minimize the consequences of the allegations against you.
Under current U.S. immigration policy, both legal and illegal immigrants are subject to severe repercussions when charged with federal crimes. If you entered the United States illegally, or if you are facing trial while in the country on a visa or as a lawful permanent resident (i.e. green card holder), our attorneys can defend you and fight to protect your right to remain in the country.
Computer and Internet crimes have become top law enforcement priorities; and, due to the inherent cross-border nature of the Internet, most serious computer-related offenses are federal in nature. We have represented the government and clients nationwide in cases involving allegations of:
- Drug trafficking over the Internet
- Online harassment
- Online sex offenses
- Copyright violations
- Other computer and Internet-related offenses
Many of these offenses carry minimum penalties of five years in prison. When facing multiple counts for computer and Internet crimes as well as related offenses such as money laundering and wire fraud, individuals and organizations can face crippling financial penalties and decades behind bars.
Q&A with the Federal Criminal Defense Team at Oberheiden, P.C.
Q: What is different about state and federal criminal cases?
The differences between state and federal criminal cases are almost too many to list. From the agencies involved to the penalties that are on the table, effectively defending against federal criminal charges requires particular experience with all of the unique aspects involved.
At Oberheiden, P.C., we focus our practice on federal criminal matters. In addition, many of our attorneys are former federal prosecutors who spent years (and, in many cases, decades) pursuing criminal charges on behalf of the federal government. As a result, we are intimately familiar with the complexities of federal cases, and we offer the insights of seeing our clients’ cases from the government’s perspective.
Q: When should I hire an attorney to defend me?
If you are aware that you are under investigation, the government already has the upper hand. Investigations often last months, and sometimes years, and federal agents and prosecutors strategically decide when to make their intentions known. You should hire a legal team immediately to intervene in the investigation and begin gathering the information needed to build a strategic defense.
Q: What Are the potential outcomes if I am charged with a federal crime?
If your investigation leads to charges, the outcome of your case may depend directly on the quality of your legal representation. Being charged does not necessarily mean that you will be convicted – or even that you will face trial. In our decades of experience, we have helped clients across the country obtain favorable resolutions through:
- Negotiating plea deals for probation and reduced sentencing
- Convincing prosecutors and judges to drop charges prior to trial
- Obtaining “not guilty” verdicts in open court
Even if you go to court and lose, this does not mean that your case is over. You could have any of a number of different grounds to file an appeal or seek to have your conviction set aside. While challenging a conviction is absolutely a means of last resort, when we take cases to trial, in addition to presenting a vigorous defense we also focus on preserving all potential grounds for having a potential conviction overturned.
Q: What are some examples of Oberheiden, P.C.’s case results?
The following are three examples of our recent successes in federal criminal matters:
- We represented a client who was under investigation by the DOJ and the Federal Bureau of Investigation (FBI) for alleged Medicare fraud. Over the course of several meetings with the DOJ’s attorneys, our federal defense team was able to close the investigation without charges being filed.
- We represented another client in a criminal Medicare fraud investigation involving numerous federal agencies. Despite the extensive resources that the government dedicated to the investigation, we were able to successfully demonstrate that our client had not engaged in criminal conduct. We were also able to successfully disprove any civil liability, resulting in the investigation being closed without any charges or liability.
- We represented a client who was facing long-term incarceration after being indicted for alleged involvement in a health care fraud conspiracy. Despite the fact that the federal sentencing guidelines called for years of incarceration, Dr. Nick Oberheiden was able to convince the federal judge presiding over the case to sentence our client to probation.
These results are representative of the types of outcomes we have been able to achieve for a significant number of our clients (however, results are not guaranteed). See more examples of our federal criminal case results.
Q: What steps should I take if I am being targeted by the federal government?
If you are being targeted by the federal government, or if you believe that you may be under investigation, there are several steps that you should try to take immediately. These include:
- Exercising your right to remain silent and not supplying any information or records to the government except on the advice of legal counsel.
- Avoiding discussing the case with anyone other than your legal counsel, and advising your employees and anyone else familiar with the matter to only discuss the case as directed.
- Preserving any records, hardcopy or electronic, that may be relevant to the investigation (destroying evidence can lead to additional charges with severe penalties).
- Assessing whether you need to take any action to prevent ongoing legal violations that could lead to further prosecution.
- Coordinating a comprehensive defense strategy focused on resolving the investigation without charges being filed.
Put the Experience of a Team of Former DOJ Prosecutors on Your Side
With your future on the line, you cannot entrust your federal criminal case to just anyone. Here are five reasons why clients across the country have trusted the legal team at Oberheiden, P.C..
1. Our Experience
Our experience in federal criminal investigations and prosecutions is unrivaled. With multiple former federal prosecutors on your side, you can feel confident knowing that your defense strategy is specifically-tailored to addressing the issues that matter most to the government’s attorneys and federal judges.
2. Our Results
Our extensive experience drives our significant track record of success in complex federal matters. The vast majority of our clients are not charged; and when our clients do face charges, we have often been able to obtain favorable resolutions (including having our clients’ charges dropped) prior to trial.
3. Our Team Approach
With most firms, you receive representation from a single attorney. With us, you have a team of experienced criminal defense lawyers and former federal prosecutors on your side. We know what you are up against, and we know that this approach affords the best opportunity for success.
4. Our “Emergency Defense Package”
When you are under federal investigation or facing federal charges, you do not have time to waste. With our “Emergency Defense Package,” you receive the representation, access, and resources you need to immediately begin building your defense.
5. Our Commitment to Justice
We believe in securing justice for our clients, and we will not stop fighting for you until we have obtained a just result. When the cards are stacked against you, we provide the experience and commitment you need to achieve the outcome you deserve.
Our Former Federal Prosecutors Are Available to Talk Now. Call (888) 519-4897.
For more information about our federal criminal defense practice and our “Emergency Defense Package,” please contact us to arrange your free case assessment. Our senior lawyers are available 24/7, so call (214) 692-2171 or send us your contact information to start building your defense strategy today.