- What percentage of your practice is devoted to handling federal law matters?
Dr.Nick Oberheiden is 100% limited to federal law. Other members of the law firm may also practice the law of their admitted jurisdiction.
- How do you stay updated on current laws and regulations?
We regularly monitor new developments and relevant case law. We update our clients and thus always stay on top of things.
- How much do you charge?
It depends on the magnitude of the case, the status of the investigation, and the exposure for the client. Our fees are highly competitive and regularly less than expected by clients.
- What happens when you call us?
- First, our attorneys will listen to you. We care about your side of the story. More than just occasionally, we learn very important facts from our clients during the initial meeting. Everything you tell us in these meetings is confidential and, by law, we will not share anything you trust with us. This initial consultation, via phone or in person, is absolutely free.
Second, once we understand your side of the story, we reach out to the police or the agents involved to hear their side and their arguments. Over the years, we have developed excellent communication lines with law enforcement agencies and also with a number of state and federal prosecutors. Our relationships with law enforcement are your advantage. After all, we can report back to you quickly and then revisit your case to discuss our strategy.
Third, we discuss our strategy. Often, cases present numerous options. We sit down with you and assess what you need to do. What is the evidence against you? How far is the investigation? Will you likely be indicted? Are you seen as a center figure in the case or thought to be a conspirator? What criminal statutes are involved? Depending on these and many other factors, our experienced trial team will inform you about the likely outcome of the case under each of your options.
- Why should you call us?
We Find Your Best Options.
No matter what your options are, there are always options. We find options. The worst thing a suspect or a defendant in a criminal case can do is to do nothing. You have to be active, you need to create pressure on the government, not vice-versa. After all, it is the government that needs to prove your guilt. We interdict this attempt by proving your innocence by zealously defending you from the moment you engage our firm.
We Are Experienced. We Are Dedicated.
Our attorneys have wide-ranging experience in investigatory and pending matters before the Office of Inspector General, Department of Justice, the United States Department of Health and Human Services, and various departments of the State of Texas. Indeed, our attorneys have experience in multiple types of white-collar crime including fraud in its various forms, bribery, insider trading, environmental crime, embezzlement, forgery, tax evasion, kickbacks, and money laundering.
If you have been arrested — or contacted by federal or state law enforcement agents requesting a meeting with you — do not give statements or cooperate in any way until you have a chance to speak with us. Don’t waste your time, don’t ruin your chances. Call us today.
Health Care Law
- What is a compliance program?
A compliance program helps familiarizing staff and management with applicable laws and regulations.
- What are the benefits of a compliance program?
Compliance programs can significantly reduce or eliminate exposure of individuals and companies in the health care industry and positions entities well in challenges by the government or by lawsuits.
- Is it true that a compliance program destroys criminal intent?
Yes, a solid compliance program makes it very difficult for the government to prove bad intent.
- What constitutes federal jurisdiction in health care matters?
Recent OIG Advisory Opinions suggest federal jurisdiction even when federal health care program beneficiaries or business generated by federal health care programs are “carved out” of a proposed arrangement. Thus, federal jurisdiction and federal enforcement is increasing.
- What is permitted use under HIPAA?
Under certain conditions, HIPAA rules permit the use and disclosure of otherwise protected information. Examples are: certain scientific research purposes, treatment activities of health care providers, payment and health care operations activities, to so-called business associates, and for law enforcement purposes.
- What is a business associate for HIPAA purposes?
“Business associates agreements” are an effective way to protect the exchange between health care providers and third parties under HIPAA laws.
- When does OIG recommend DOJ indictment?
OIG investigators must refer the case to the Department of Justice. However, if OIG does not recommend criminal charges (e.g. because the parties cooperated with the investigation and all future misconduct can be excluded by a compliance program), the DOJ is very likely to follow the recommendation.
- What should I do when I receive an administrative subpoena?
Consult with experience counsel immediately. Administrative subpoenas can be civil and criminal in nature and thus present severe consequences for the subpoenaed entity.
- What are the elements of fraud?
Typically, plaintiff or the government must show a false statement of material fact; knowledge that the statement was false; intent to defraud the victim; reasonable reliance by the victim on the false statement; and damages/injury.
- Is fraud a civil or criminal offense?
Both. Fraud exists in civil and criminal cases.
- Why are penalties for fraud so severe?
The legislator considers fraud an offense of moral turpitude. The bad moral, knowledge, and intent of the perpetrator face an often innocent victim that reasonably relied on the false statement and suffered harm or damages.
- What is the difference between state and federal fraud?
Only certain types of fraud, such as mortgage fraud, mail fraud, and bank fraud can be prosecuted in federal court. The vast majority of fraud allegations end up in state court.
- What is the best way to defend against fraud charges?
One approach to successfully defend against fraud is to show that no intent existed. This argument typically requires back-up documentation or, in health care settings, compliance programs.
Federal Criminal Law
- What constitutes federal jurisdiction in criminal cases?
This information isn’t available yet, but will be here in the near future.
- What is an advantage of a compliance program?
This information isn’t available yet, but will be here in the near future.
Federal Civil Litigation
- What law governs federal civil litigation?
Proceedings in federal district courts are governed by the Federal Rules of Civil Procedure (FRCP). The individual district courts also have local rules, and sometimes judge-specific rules, which amend and modify the FRCP.
- What constitutes federal jurisdiction in civil cases?
A federal court can hear cases only when a federal issue or question is at stake or when diversity jurisdiction exists.
- What is diversity jurisdiction?
For diversity jurisdiction to apply, none of the plaintiffs can be from the same state as any of the defendants. Please note that special rules control the “home state” of corporations and partnerships.
- What creates federal question jurisdiction?
Federal issues or questions mean that the parties are having a dispute in which federal law governs or that the issue is one arising from the Constitution.