Federal Compliance and Defense Representation for Importers - Federal Lawyer
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Federal Compliance and Defense Representation for Importers

U.S. companies that import products from overseas face a host of federal compliance obligations. The same is true for companies that obtain software licenses, technology transfers, and other intellectual property assets from foreign businesses. If your company is subject to federal import controls, our attorneys and former federal agents can assist you with all aspects of federal compliance, and we can represent your company if it is being targeted in a federal audit or investigation.

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Kirtan 2.
Kirtan 2.
Nick has been there since the beginning. Throughout this experience he has had made me feel like my case is his most important. He excels in his area of law and I would not hesitate to recommend him to anyone that needs assistance. I am honored to have had him help me through this period.
j A.
j A.
Quick response, very knowledgeable, passionate, with a caring team with real experiencewith the same federal agencies that I was corresponding with (Roger Bach!) thus making all the legal concerns understandable. I would recommend to any other health care professional or would use Nick Oberheiden again if ever needed.... Thank you!read more
Shaunna R.
Shaunna R.
I am compelled to recommend Nick Oberheiden after dealing with many blood thirsty attorneys. Nick was extremely responsive, knowledgeable, and trustworthy. His expertise and relationships in the realm of federal healthcare is great. I wish I would have called him sooner. If you are facing a federal investigation... or suit, make Nick the first call you make. He really cares and is looking out for his clients best interest. His expertise has allowed my situation that seemed so daunting to be very manageable.read more
Lisa K.
Lisa K.
I found myself in an unfortunate situation with the federal government. I hired Nick Oberheiden as my attorney and it has been a life saving decision. His expertise and knowledge along with his commitment is superior and of utmost importance in federal cases. Nick has kept his word throughout this stressful process... and helped me receive the best possible outcome. You will not regret hiring Nick and his law firm to defend you!!!read more
Amir K.
Amir K.
Over the past decade I have plenty of experience with health care and federal attorneys. The one that has stood by far above and beyond the most intelligent, thoughtful, straight-forward, and strategic in defense and actions has been Nick Oberheiden. Nick has achieved results that others claim they could not. He has... taken on circumstances that felt as if not winnable, and worked to create a positive outcome. Nick has become a rock and support person through my troubling time and a beacon of hope and action that things will come out in the best possible manner. There is no attorney that I could support more then Dr. Oberheiden.read more
Matt H.
Matt H.
Dr Nick Oberheiden is a truly excellent attorney in every way! He’s knowledgeable and responds to all phone calls and emails swiftly. He is concise, and puts information in understandable terms. He is happy to explain and clarify any confusing matters or material. He will put your mind at ease immediately. For me,... it was like a superhero was protecting and helping me through what was one of the most stressful situations of my professional life! Nick is worth every single bit of the five star rating from me, and from other clients who have given him five star reviews as well!read more
Katherine R.
Katherine R.
We needed legal service and advise, Nick Oberheiden made a bad situation better. Prompt service, responded to email , and phone calls, addressed the problem professionally and on time. Would highly recomend them.
John P.
John P.
I have conferred and worked with Nick on several healthcare fraud defense cases, representing doctors, laboratory/pharmacy owners, durable medical equipment providers and marketing companies all investigated by the U.S. Department of Justice. Nick's level of expertise when it comes to the intricacies of medicare... billing, operational regulations and corporate structure is unmatched. His experience and knowledge, combined with his high-level contacts within the Department of Justice, nationwide, make him an invaluable resource to anyone who finds themselves being investigated or audited by the Government. Nick is easy to communicate with, and goes above and beyond to make himself available to his clients and colleagues in their time of need.read more
Joseph N.
Joseph N.
From the moment we walked into Nick’s office, he made us feel safe and secure. Nick exemplifies kindness and compassion for his clients, qualities that I have found rare with attorneys. Nicks passion and expertise in Healthcare and Law are unrivaled.I strongly encourage and recommend others to use Nick.... Professionally, Nick is a Genius!read more
Shawn C.
Shawn C.
As a former supervising investigator with a large New York State agency investigating health care fraud, I have conferred with many defense attorneys over my thirty-year career. I can honestly say that I was not impressed with many of them, that is, until I met Dr. Nick Oberheiden. Not only is he an exceptional... attorney, who provides his clients with expert strategic legal guidance, he is highly regarded for his extraordinary character and integrity. Nick is extremely ethical and always has his clients' best interests at heart. Today, I am proud, honored and privileged to work with Nick in assisting him with his clients' needs, whether it is to determine if they have any criminal liability or to proactively establish a compliance program to prevent them from falling victim to any government audit/investigation. Nick works very efficiently - saving his clients time and money. So, if you are looking for an attorney to represent you or to offer you expert guidance, don't hesitate and contact Dr. Nick Oberheiden. You'll be glad you did!read more
Greg M.
Greg M.
I was a federal agent for over 30 years and have worked with many of the most successful DOJ and DoD attorneys. Dr. Oberheiden leads a team made up of the best former Federal, State, local attorneys and investigators that can quickly assess any type of federal legal matter. The collective knowledge and experience of... Dr. Oberheiden and his "Dream Team" have yielded successful outcomes in a significant number of federal legal matters which have benefited his clients time and time again! He and his team are determined to work each case to anticipate a prosecutor's case strategy and identity weaknesses in that strategy. Dr. Oberheiden is a relentless legal strategist that has earned him his favorable reputation among the legal community nationwide! If you want a reliable and results-oriented lawyer working for you, Oberheiden P.C. has my highest recommendation and confidence!read more
MICHAEL K.
MICHAEL K.
During the past year, i had the privilege to work alongside Dr. Nick Oberheiden as a team-member defending the owners of a specialty pharmacy being investigated by the HHS-OIG and the USDOJ. Thanks to Nick's leadership, knowledge and expertise, "Team Oberheiden" earned the pharmacy and its owners exoneration from... criminal and civil penalties. Case closed!read more
bill T.
bill T.
Excellent lawyer! I have been very happy with his legal services and highly recommend Dr. Nick Oberheiden.
Jakob S.
Jakob S.
Nick was extremely professional, polite, helpful, and friendly. He put my friend at ease and made us feel welcome to be with her. He answered our questions even though we were just there for support. Would definitely recommend him to anyone and would use myself if ever needed.
Jamie G
Jamie G
Nick is not smart, he is BRILLIANT! He knows the proceedings of the court extremely well and is a genius when working with prosecutors and judges!He is extremely hard working, and although I knew he was working on multiple cases, every time we dealt with mine, he made me feel that my case is the most important to... him. I will most certainly not be where I am, had it not been for Nick. I had worked with a couple of lawyers before Nick came so highly recommended to me, and I can tell you that he simply light years above them. Nick bats for the big leagues!!read more
Lorraine Emma De B.
Lorraine Emma De B.
I am a retired FBI Special Agent, who worked extensively with many attorneys. I find Dr. Oberheiden ti be very knowledgeable of the healthcare issues. He has a vast knowledge of all federal violations. He is very conscientious about the benefits of his clients. I saw him working around the continent of North America... to assist his clients. One of the great traits of the Oberheiden Law Firm, is that he tackles the allegations long before they reach the court stage. His capable staff is also very qualified and assist all clients as if they are the only client in their firm. I strongly recommend the Oberheiden Law Firm to anyone who has a federal case.read more
Gamal A.
Gamal A.
Nick is extremely professional and knows what he is doing. He is also very kind as a person (unless he is in court!) I would recommend him to just about anyone if they need an amazing lawyer that is top notch and would frankly be scary to face in the court room. He will always do a great job representing his clients.... Thank you very much.read more
Anna P.
Anna P.
Nick is the absolute top expert in any federal case
Jeff C.
Jeff C.
Smart. Smarter. Nick.As a healthcare executive, I once ran into a litigation issue. I hired Nick and, literally, before I knew it the case was resolved in my favor. Nick has an incredible presence and every lawyer in the room knows that Nick will do exactly what he says. It was a mesmerizing experience to see Nick in... action! Very calm and determined, Nick is the absolute top litigator.read more
Whitney Bryant M.
Whitney Bryant M.
Nick has been a friend and trusted advisor for almost 10 years. As anyone just looking at his bio can tell, Nick is an outstanding attorney in highest demand across the country. All healthcare providers should hire attorney Nick Oberheiden!! You will not be disappointed.
Pamela M.
Pamela M.
Dr. Oberheiden has served as council and represented our company on several occasions, even during depositions, contract reviews and providing invaluable advice on multiple occasions that transpired into multilevel success in our business. He and his teams knowledge of both local, state and federal statues,... accompanied by their areas of expertise law regarding best asset protection, estate planning and wealth management solutions have provided both professional and personal growth for my companies, safeguarding them and protection my family’s name and legacy. I would recommend this firm and Dr. Nick Oberheiden without hesitation. I have no doubt that you will experience success with his council.read more
Corban M.
Corban M.
I have worked with Nick Oberheiden for over ten years on various litigation matters in and around New York City. Nick is an accomplished and seasoned lawyer and litigator---efficient, reliable, practical and, at the same time, highly academic. Nick will take the time necessary to understand a client's short- and... long-term goals, and tailor his representation and advice to work toward and achieve those ends. Nick is a zealous advocate for his client, and will never sacrifice his client's interests for a quick or easy resolution to a case. At the end of the day, Nick is a great person to know if you or your business is in need of a top litigator or defense attorney.read more
Brendan C.
Brendan C.
When I was faced with one of the most terrifying and unexpected situations in my life, I called Dr. Oberheiden. I had vetted other attorneys and came right back to him. His knowledge, expertise, and reassuring presence made the decision easy. Throughout my case, his level of communication was what I needed and... expected. He constantly updated me on the status and progress of my case and was able to “talk me off the ledge” when the stress of it all would set in. He is simply the best of the best...there’s not a question about it.read more
Scarlett L.
Scarlett L.
Nick is a superb lawyer with exceptional skills and a formidable personality. Nick works harder, he thinks smarter, and he delivers faster than any lawyer you will ever find. Good, better, Nick!
Jacqueline S.
Jacqueline S.
1st class service. Atty. Iberheiden and Atty. Lynette Byrd were always available for us during the whole process of our Home Health Audit. Thank you so much!
Ed O.
Ed O.
I am a healthcare compliance consultant with almost 25 years of experience. The one advice I have for anyone seeking a lawyer with unbeatable healthcare law experience is to hire attorney Nick Oberheiden. For the past 8 years, I have worked with Nick on a variety of healthcare matters—from DEA compliance to DOL... supervisory rules to setting up PT and pain management clinics. I have never once seen a client not being 100% intrigued by Nick’s proven expertise in the field of healthcare structuring and compliance.Dr. S.T.read more
RAFT C.
RAFT C.
Nick Oberheiden is a spectacular lawyer, a true life saver. Nick is simply the very best!
Michael P
Michael P
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.
Marshall M
Marshall M
Great firm, with a great firm record of experienced healthcare and litigation attorneys.
Chris A.
Chris A.
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As consumers, we don’t give a second thought to ordering products from companies around the world. But, as a business, importing products – both tangible and intangible – takes on an entirely different dimension. Federal import compliance can be a major undertaking for companies of all sizes, and the consequences of non-compliance can be substantial. 

At Oberheiden P.C., we represent companies across the United States with regard to federal import compliance. We assist foreign businesses with import control compliance as well. Whether you are at the stage of putting together an import compliance program or you have run into an issue with U.S. Customs and Border Protection (CBP), the Office of Foreign Assets Control (OFAC), or any other federal agency, we can help you navigate your situation, and we can help you avoid sanctions and other penalties.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

John W. Sellers
John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena
Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney & Former District Attorney

Local Trial & Defense Counsel

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (OIG)

Michael Koslow
Michael Koslow

Former Supervisory Special Agent (FBI)

Chris Quick
Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan
Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern
Dennis A. Wichern

Former Special Agent-in-Charge (DEA)

Federal Import Compliance: What Does it Take to Lawfully Import Products into the United States?

There are many aspects to federal import compliance in the United States. There are many different laws and regulations that can potentially apply, and your company’s specific obligations will be determined based on factors including (i) the type(s) of products being imported, (ii) the country from which they are being imported, and (iii) potentially even the company from which they are being purchased. 

Our federal import compliance lawyers can help you avoid compliance mistakes that could lead to problems with CBP, OFAC, and other agencies. We offer custom-tailored compliance programs, and we provide comprehensive legal representation for all federal import compliance issues.

Are you accused of a federal crime?

Don't delay. Learn about your rights.

Call Dr. Nick Oberheiden now!

888-680-1745

Developing and Implementing an Import Compliance Program

For U.S.-based companies that import tangible and intangible products (including software and technology licenses) from businesses in other countries, compliance is essential. We offer full-service compliance representation, from needs assessments to training and implementation:

1. Import Compliance Needs Assessment

Before you can implement an import compliance program, you need to know what compliance measures are required. Companies’ import compliance obligations are heavily circumstantial, and what is essential for one company could be completely inapposite for another. Before we take any steps toward developing a compliance program, we first conduct a comprehensive needs assessment in order to ensure that we are doing everything that is necessary without doing anything that isn’t required.

2. Import Compliance Policies and Procedures

Once we know what your company needs, then we can get to work developing compliance policies and procedures that are specifically tailored to your company’s import operations. Our federal import compliance lawyers will draft clear and practical compliance documents that your company can use to avoid unwanted federal scrutiny. Your company’s compliance documents will address all applicable import laws and regulations; and, if desired, we can integrate these documents with your company’s other policies and procedures.
 

3. Third-Party Due Diligence and Contracting

Third-party due diligence is a key aspect of import compliance. Companies in the United States need to ensure that the foreign entities from which they are purchasing, their import brokers, and the other third parties with which they do business are not putting them at risk for federal enforcement action. Our lawyers can conduct efficient and comprehensive due diligence before your company does business with a new third-party supplier or broker, and we can review and negotiate the terms of your company’s commercial agreements to ensure that they do not omit key terms or otherwise raise import compliance concerns. 

4. CBP, OFAC, and Other Federal Agency Compliance Matters

Our attorneys can assist your company with CBP rulings, OFAC general and specific licensing, and other federal agency compliance matters as well. In many circumstances, prior to importing products into the United States, it is necessary to notify federal authorities and seek advance approval. We can help you understand when these types of measures are required, we can help you adopt protocols designed to ensure that these requirements are not overlooked, and we can seek the necessary rulings, licenses, and approvals on your company’s behalf. 

5. Import Compliance Program Training and Implementation

Once we have thoroughly addressed your company’s import compliance obligations through policy documentation, the next step is to train your company’s personnel and implement your new compliance program on a company-wide scale. The amount of effort this entails will depend on your company’s size and the scope of its import operations, and we can custom-tailor or training and implementation efforts to meet your company’s specific needs. 

6. Import Compliance Program Reevaluation and Reinvigoration 

Import compliance is not a one-time event. Once your company has implemented a compliance program, in order for the program to remain effective, companies must constantly monitor their personnel’s adherence to the program, and they must continually reassess their needs on an ongoing basis. Due to the specific nature of many import compliance regulations, even slight shifts in business can potentially have drastic compliance implications; and, as a result, companies must be prepared to update and modify their import compliance programs as well. 

7. Internal Compliance Audits and Event Response

In order to determine whether an import compliance program is effective (and whether there are any gaps in documentation or implementation that need to be filled), companies must audit their compliance efforts. Our attorneys conduct internal compliance audits on behalf of our clients (which ensures that the audit is protected by the attorney-client privilege); and, when necessary, we assist our clients with responding to and remedying import compliance violations. 

Addressing All Federal Import Laws and Regulations that Apply to Your Business

Determining what your company needs in terms of an import compliance program isn’t easy. Companies must navigate a complex web of federal rules and regulations, and they must abide by the rules of multiple federal administrative and law enforcement agencies. At Oberheiden, P.C., our attorneys rely on extensive federal experience to comprehensively identify the issues that are pertinent to our clients’ businesses, which may include:

  • Customs Rulings, OFAC General and Specific Licenses, and Other Necessary Authorizations and Approvals
  • Customs-Trade Partnership Against Terrorism (C-TPAT) Certification 
  • Duty Reduction, Exemptions, and Reconciliation 
  • Exemptions and Exclusions Under Tariff Statutes and Various Federal Import Laws and Regulations
  • Harmonized Tariff Schedule (HTS) Classification Compliance
  • NAFTA (USMCA) and Other Free Trade Agreement Compliance 
  • Software Licensing, Technology Transfers, Importer of Record (IOR), and Other Special Compliance Issues 

Federal Import Control Audits and Investigations: What Does it Take to Avoid Administrative, Civil, and Criminal Penalties?

Despite their best efforts to comply, companies can still find themselves at the center of federal audits and investigations targeting alleged statutory and regulatory violations. These audits and investigations can arise in various contexts, from routine agency reviews to whistleblower claims and criminal fraud allegations.

In addition to assisting importers with federal compliance, we also provide strategic representation for federal import control audit and investigation defense. If your company is being targeted, or if one of your trade partners or competitors is being targeted and you are concerned that your company might be next, we encourage you to contact us right away. 

For companies that are facing federal import control audits and investigations, we offer services including:

1. Preliminary Risk Assessment

Import control audits and investigations can target a multitude of administrative, civil, and criminal violations. Our first step will be to determine the scope, nature, and severity of the issue(s) at hand. 

2. Intervention in the Audit or Investigation

Our attorneys will promptly intervene in the audit or investigation to let the agency (or agencies) involved know that your company is represented. This will also slow down the process and give us time to implement a strategic and targeted defense. 

3. Proactive Defense Representation 

While the audit or investigation remains ongoing, our focus will be on resolving the matter without further law enforcement action being taken. We will work with the relevant agency(ies) to address any deficiencies, demonstrate your company’s good-faith compliance efforts, and show that your company is committed to compliance going forward. 

4. Preventing Federal Charges and Indictments

No matter what, we want to try to make sure that your company, its owners, and executives are not charged with civilly or criminally. To date, we have resolved the vast majority of our clients’ audits and investigations without charges being filed. 

5. Defending Against Charges in Administrative and Judicial Proceedings

If necessary, however, we will rely on our attorneys’ centuries of combined experience on both sides of federal law enforcement matters to defend your company, its owners, and executives in court. We will continue to work toward a favorable pre-trial resolution while also preparing for the possibility of trial. 

Contact the Federal Import Compliance and Defense Lawyers at Oberheiden, P.C.

If you need legal advice regarding a federal import compliance issue, audit, or investigation, we encourage you to get in touch. To speak with one of our attorneys in confidence, call 888-680-1745 or request a free case assessment online now. 

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