FAQs

What kinds of cases does Oberheiden, P.C. handle?

Our firm represents clients in civil and criminal matters under federal law. This includes federal law enforcement investigations, civil and criminal government enforcement matters, and business litigation in federal district court. We also represent clients in federal audits and appeals, including cases before all U.S. Circuit Courts of Appeal and the U.S. Supreme Court.

While we represent clients in private-party civil litigation, a significant portion of our practice is devoted to defending clients in federal civil and criminal matters. This includes representing business owners and executives, licensed professionals, public figures, other individuals, and business organizations in matters involving allegations of:

  • Business and financial crimes
  • Computer and internet crimes (including fraud-related offenses)
  • Drug crimes
  • Public corruption and bribery
  • White-collar offenses (such as health care fraud, bank fraud, and securities fraud)

Where is Oberheiden, P.C. located?

Our firm’s corporate headquarters is located at 5728 Lyndon B. Johnson Freeway in Dallas, Texas. We also have a staffed office at 440 Louisiana Street in Houston, Texas. Both of these offices are in close proximity to major airports and highways, and all of our attorneys are available to meet with clients at each of these locations. We also have locations for meeting with clients by appointment only in the following cities:

  • Beaverton, Oregon
  • Cleveland, Ohio
  • Detroit, Michigan
  • Los Angeles, California
  • Miami, Florida
  • New York, New York
  • San Diego, California
  • Washington, D.C.
  • Winter Park, Florida

Do your federal defense lawyers represent clients nationally?

Yes. Our attorneys are licensed to practice in federal districts across the country; and, to date, we have represented clients in more than 40 states nationwide. We represent health care providers and other businesses and individuals nationally in audits, investigations, trials, appeals, and compliance matters.

If you are not located in close proximity to one of our firm’s meeting locations, our attorneys can make arrangements to meet with you at your place of business or at another location that is convenient for you. With our firm’s technological resources, we are able to efficiently and seamlessly provide remote representation when it is not necessary or cost-effective for our attorneys to be on the ground at our clients’ locations or to be physically present in court.

Does your firm offer free initial case assessments?

Yes. We provide free initial case assessments for all prospective clients of the firm. This initial case assessment provides you and our attorneys with an opportunity to examine the facts of your case and determine potential next steps if you choose to engage our firm to represent you. During free initial case assessments, we also encourage prospective clients to come prepared with any questions they would like to ask about our attorneys’ backgrounds, our experience in similar cases, and our approach to providing defense representation.

Who will handle my case if I choose Oberheiden, P.C.?

At Oberheiden, P.C., we take a team approach to representing our clients in all federal defense matters. We have a number of reasons for doing so; but, most notably, this approach is actually be more cost-effective for our clients – not less as many people believe. The purpose of working as a team is to ensure that our clients benefit from our attorneys’ centuries of collective experience; and, whereas less-experienced attorneys would need to bill time for case research and learning about their clients’ industries, our senior attorneys are able to hit the ground running with deep legal and industry knowledge and insights.

Our federal defense team includes highly-experienced senior defense attorneys and former federal prosecutors who spent years or decades working for the U.S. Department of Justice (DOJ), U.S. Attorney’s Office, and other federal law enforcement authorities. Our team also includes non-lawyers who are experienced in the areas of corporate and U.S. Drug Enforcement Administration (DEA) compliance.

How and when will I be able to contact my attorneys?

We make ourselves available to our clients 24/7. Yes, really. We emphasize being accessible and responsive to our clients, and we understand that many matters simply cannot wait to be addressed between the hours of 9:00am and 5:00pm. Throughout the course of our representation, you will have direct access to your attorneys by phone, text and email.

Do I need a defense lawyer if the government’s audit or investigation is still ongoing?

Yes. In fact, if you, your business, or your practice is currently under investigation, engaging defense counsel now will help to maximize your chances of securing a favorable pre-trial – or possibly pre-charge – resolution. We routinely represent health care providers during federal investigations, including those involving:

  • Centers for Medicare and Medicaid Services (CMS)
  • Department of Homeland Security (DHS)
  • Department of Labor (DOL)
  • Department of Justice (DOJ)
  • Drug Enforcement Administration (DEA)
  • Federal Bureau of Investigation (FBI)
  • Internal Revenue Service (IRS)
  • Medicare Fraud Strike Force
  • Office of Inspector General (OIG)
  • Prescription Interdiction & Litigation Task Force (PIL)
  • S. Attorney’s Office
  • S. Postal Inspection Service (USPIS)

When defending clients during federal investigations, our first priority is to terminate the investigation without charges being filed. This minimizes any practical consequences and ensures that our client is not at risk for civil or criminal prosecution. If it is not possible to avoid charges entirely, we focus on keeping our clients’ investigations civil in nature so that federal prison time stays off of the table.

Will hiring a defense lawyer make me look guilty?

No. This is a common, and dangerous, misconception. When you are being targeted by federal authorities for a serious civil or criminal offense, those authorities expect you to engage legal counsel regardless of whether or not you might believe you are guilty. Also, while the authorities don’t know what you think about your case, what they do know is that the potential consequences of a federal investigation are severe. As a result, engaging legal counsel is not only in your interests, but it is expected; and, when you are going up against the government’s virtually unlimited prosecutorial resources, it is essential to mitigating your risk of life-altering consequences.

If I am sure I haven’t done anything wrong, should I still hire defense counsel?

Yes. Federal authorities pursue civil and criminal charges against individuals and business organizations under a multitude of statutes; and, unless you are intimately familiar with the prohibitions contained in each of these laws, you cannot accurately assess your potential exposure in your federal case. Moreover, even if you have not committed a substantive federal offense (such as fraud, drug diversion, or money laundering), federal prosecutors may still be able to pursue charges for conspiracy or attempt. If you make mistakes during the federal government’s investigation (such as withholding information or destroying records), there is a chance that these mistakes could lead to charges as well. In short, federal cases are extraordinarily complex, and to protect yourself you need experienced legal representation.

What can your lawyers do if I know I am guilty?

Just as you cannot afford to assume that you are innocent, you also cannot afford to assume that you are guilty. The government has the burden of proof in civil and criminal cases, and there are defenses that can protect you even if you undertook the acts necessary to commit a federal offense. If you believe that you might be guilty, this is absolutely something to discuss with your defense counsel; but, if you put your fate in the government’s hands, you will be putting yourself at risk for dire and unnecessary consequences.

Will your lawyers take my case to trial?

If necessary, yes, we will absolutely take your case to trial. Our federal defense team includes numerous experienced litigators who have collectively handled hundreds of federal trials.

But, since the outcome of trial is inherently unpredictable, before resolving to take your case to trial we will pursue many different options for securing a favorable pre-trial resolution. This includes seeking to terminate the government’s investigation without charges, fending off an indictment, having your charges dismissed during pre-trial proceedings, and negotiating with the federal prosecutors assigned to your case.

What are the potential outcomes of my federal case?

The potential outcomes of any federal case are hugely dependent upon the facts, circumstances, and allegations involved. From the agency (or agencies) involved in the investigation to the current status of your case, a multitude of factors will play into determining what you can reasonably expect as far as potential outcomes. In extremely general terms, the potential outcomes of federal civil and criminal cases include:

  • Termination of investigation without charges
  • Criminal indictment
  • Dismissal of charges pre-trial
  • Negotiated plea deal
  • Favorable verdict at trial
  • Guilty verdict or civil judgment at trial
  • Civil or criminal sentencing
  • Affirmance or reversal of outcome on appeal

What are the Federal Sentencing Guidelines?

The Federal Sentencing Guidelines are a set of court rules that establish possible sentencing ranges for various federal criminal offenses. If your case has a chance of going to trial on criminal charges in federal district court, we will help you understand the potential penalties that are on the table, and we will continue to work with the federal prosecutors to mitigate any potential sentence to the greatest extent possible. Our past experience includes convincing judges to issue sentences below those called for under the Federal Sentencing Guidelines.

Can your firm keep my case from being publicized?

Our firm alone cannot prevent your case from being publicized – there will simply be too many people with too much information for our firm (or any other law firm) to maintain complete control. However, we can work with you to implement appropriate confidentiality protections within your organization; and, in our communications with prosecutors and the court, we can advance all available legal arguments for keeping your case off of the public record for as long as possible

Once my case is over, can your lawyers help me avoid future investigations?

Yes. In addition to providing defense representation for federal civil and criminal matters, we also serve as compliance counsel to many of our clients. Whether you are a health care provider or you operate in a different business or industry sector, our lawyers and non-lawyers can work with you to develop and implement a comprehensive and custom-tailored compliance program that is specifically designed to mitigate your risk of being targeted in a federal investigation.

More Questions? Schedule Your Free Initial Case Assessment

If you have more questions, we invite you to contact us to schedule a free initial case assessment. Any information you share with us online, over the phone, or in person will be kept in strict confidence. To request an appointment as soon as possible, call us 24/7 at 888-519-4897, or tell us how to reach you and we will be in touch shortly.

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