Fresno Federal Criminal Defense (FBI, OIG, IRS, DEA)
Trusted Fresno Federal Criminal Defense Lawyers
Defending against federal criminal charges takes decades of experience and the ability to strategically use the complex federal legal system to your advantage. At Oberheiden, P.C., our Fresno federal criminal defense lawyers have a long and established track record of protecting our clients in FBI, OIG, IRS, and DEA matters.
Oberheiden, P.C., is a federal criminal defense law firm with a national presence that represents individuals and businesses in Fresno, CA. With a team of Fresno federal criminal defense lawyers comprised entirely of senior attorneys (including several former senior prosecutors with the U.S. Department of Justice (DOJ)), we offer knowledgeable, insightful, and strategic representation for all matters involving the Federal Bureau of Investigation (FBI), Office of Inspector General (OIG), Internal Revenue Service (IRS), and Drug Enforcement Administration (DEA).
Have you been accused of health care fraud? Public corruption? Computer and internet crimes? Do you know why you are being targeted in a federal investigation? For most individuals and businesses targeted by the FBI, OIG, IRS, or DEA, the first step in executing a defense strategy involves discerning exactly what you need to defend against.
With our experience on both sides of thousands of federal investigations and prosecutions, this is one of the many areas where we excel. Our Fresno federal criminal defense lawyers can use our extensive federal experience and insights to quickly determine both (i) why you are under investigation, and (ii) whether the investigation is civil or criminal in nature. If you are, in fact, being targeted for federal criminal prosecution, we will work quickly to try to protect you against facing charges. And if this is not possible under the circumstances involved, we will present an aggressive defense prior to and, if necessary, during trial.
Why Choose Oberheiden, P.C. in Fresno, CA?
When you are facing a federal criminal investigation, it is imperative that you have a highly skilled and highly experienced defense team on your side. At Oberheiden, P.C., our Fresno federal criminal defense lawyers offer:
- A Defense Team that Includes Former DOJ Prosecutors – Led by founding attorney, Dr. Nick Oberheiden, our federal defense team includes several former federal prosecutors who held senior positions within the DOJ and handled high-profile criminal matters.
- A History of Success in Federal Matters – Our Fresno federal criminal defense lawyers have helped the majority of our clients avoid criminal charges; to date, not a single client of the firm has been forced to shutter their business or stop seeing patients as a result of an investigation in which we have been involved.
- An Exclusive Focus on Federal Defense Representation – Unlike other firms that also handle federal cases (most of their cases involve state-level trial litigation), our practice is devoted to representing clients in civil and criminal federal matters.
- Extensive Experience in Drug and White-Collar Cases – The Fresno federal criminal defense lawyers on our team have represented clients in more than 1,000 investigations and 500 criminal trials. This includes investigations and trials in California and across the country.
- Strategic and Custom-Tailored Legal Defense – We custom-tailor our defense to the unique circumstances of each individual case. This includes (but is not limited to) the allegations against each client, the specific agency (or agencies) involved, the penalties that are on the table, and the stage at which each client engages our federal defense team.
We Represent Clients in Fresno, CA in a Broad Range of Federal Criminal Matters
Our federal defense practice involves representing individual and corporate clients who are under investigation or facing charges for a broad range of federal offenses. In many cases, our clients will be facing allegations of multiple federal crimes, and they will be at risk for facing hundreds of thousands or even millions of dollars in fines and years or decades behind bars. All of the senior Fresno federal criminal defense lawyers on our team have extensive experience in cases involving:
- Bank Fraud, Mortgage Fraud, and Insurance Fraud
- Conspiracy and Attempt
- Federal Drug Charges (including prescription drug diversion)
- Health Care Fraud (including Medicare, Medicaid, Tricare and private insurance fraud)
- Internet and Computer Crimes
- Mail Fraud and Wire Fraud
- Money Laundering
- Public Corruption and Bribery
- Securities Fraud
- Tax Evasion and Other Tax Violations
- Theft, Counterfeiting, and Embezzlement
- Other White-Collar Crimes
What Can the Agency (or Agencies) Involved Tell You about Your Federal Case?
Actually, quite a lot. While the FBI, OIG, IRS, DEA, and other agencies’ jurisdictions overlap in many respects, identifying the agency (or agencies) involved in your investigation is one of the first steps toward determining the scope of the investigation and the defense strategies that are likely to be most effective in your particular case.
Federal Bureau of Investigation (FBI) Investigations
The FBI investigates allegations of cybercrimes, public corruption, organized crime, corporate fraud, health care fraud, and other serious federal offenses. It has field offices around the country, including one in Fresno, CA.
Office of Inspector General (OIG) Investigations
The OIG gets involved in cases involving allegations of Medicare and Medicaid fraud. It frequently works with the DOJ, FBI, and other agencies in large-scale health care fraud investigations.
Internal Revenue Service (IRS) Investigations
Through its criminal enforcement division, the IRS investigates and assists in the prosecution of alleged tax evasion and other tax crimes. Similar to the OIG, the IRS’s criminal enforcement division is often just one of several agencies involved in large-scale takedowns and other federal law enforcement initiatives.
Drug Enforcement Administration (DEA) Investigations
The DEA is the primary agency responsible for enforcing the nation’s drug laws, including the laws that apply to physicians, pharmacists, and other health care providers. It is currently working closely with the DOJ to target providers suspected of engaging in opioid drug diversion.
Frequently-Asked Questions (FAQs): Federal Criminal Defense in Fresno, CA
Q: What are the potential penalties under the Federal Sentencing Guidelines?
While the Federal Sentencing Guidelines establish uniform rules and policies for sentencing in federal criminal cases, the penalties for individual criminal offenses are established by statute. For example, under the False Claims Act (one of the government’s most-potent weapons in federal fraud investigations), criminal penalties include up to $25,000 in fines (for individuals) and five years in prison for each individual offense. Since federal criminal cases will often involve multiple “counts” of a variety of different offenses, Fresno residents targeted in these investigations can easily face insurmountable fines and decades of federal imprisonment.
In addition to fines and prison time, licensed practitioners, executives, board members, and other individuals convicted of federal crimes can face other penalties as well. These include:
- Recoupments and denial of pending payments
- Pre-payment review
- Program exclusion (Medicare, Medicaid, and Tricare ineligibility)
- Professional licensing action (suspension or revocation)
Q: What are some potential defense strategies in federal criminal investigations?
Once again, the specifics will depend upon the specific statute (or statutes) under which you are being investigated. For example, in health care fraud investigations involving allegations under the Anti-Kickback Statute, providers will often be able to use the statute’s “safe harbors” as affirmative defenses to criminal culpability.
Additionally, since the government must prove each element of each alleged offense beyond a reasonable doubt, identifying shortcomings in the government’s evidence or flaws in its reasoning can be enough to avoid criminal prosecution – as opposed to “proving your innocence” with an affirmative defense. This requires a thorough understanding of the specific statute (or statutes) you are alleged to have violated.
Then, there are the constitutional and common law defenses. These include defenses such as:
- Violation of the protection against unreasonable searches and seizures
- Violation of your right to remain silent or your right to legal counsel
- Violation of your right to a speedy trial
- Lack of criminal intent
- Entrapment or duress
- Alibi or misidentification
- False “whistleblower” allegations
Q: What statutes do federal prosecutors use to pursue criminal charges in white-collar cases?
In white-collar cases, federal prosecutors have numerous statutes at their disposal. For example, our Fresno federal criminal defense lawyers routinely represent clients in investigations involving allegations under:
- 18 U.S.C. 371 (criminal conspiracy)
- 18 U.S.C. 1028A (identity theft)
- 18 U.S.C. 1341 (mail fraud)
- 18 U.S.C. 1343 (wire fraud)
- 18 U.S.C. 1344 (bank fraud)
- 18 U.S.C. 1347 (health care fraud)
- 18 U.S.C. 1357 (money laundering)
- 21 U.S.C. 841 (distribution of controlled substances)
- 26 U.S.C. 7206 (tax fraud)
- 31 U.S.C. 3279 (false and fraudulent claims)
- 42 U.S.C. 1320a-7(b) (illegal kickbacks)
Q: How soon will I know the likely outcome of my federal case?
This is a question we cannot answer until we know the specific facts and circumstances involved. In some cases, we are able to tell our clients with a reasonable degree of certainty that we believe we will be able to achieve a favorable resolution fairly quickly. In others, it will take some time before our Fresno federal criminal defense lawyers are able to fully assess the government’s intentions and determine the likelihood that prosecutors will want to go to trial.
Schedule a Free and Confidential Case Assessment with Our Fresno Federal Criminal Defense Attorneys at Oberheiden, P.C.
If your business or practice is facing federal scrutiny, it is important that you engage legal counsel immediately. To schedule a free and confidential case assessment with our Fresno federal criminal defense attorneys at Oberheiden, P.C., please call (214) 692-2171 or request an appointment online now.