Indiana Federal Criminal Defense Attorneys
Get Former Justice Department Prosecutors on Your Team — Prominent Federal Criminal Attorneys Now Serving Indianapolis, Fort Wayne, and all of Indiana
Have you heard a rumor that you are the subject of a federal investigation? Did you receive a federal grand jury subpoena or a target letter? Has a federal grand jury returned an grand jury indictment charging you with federal crimes? The prospect of taking on the federal government, which is equipped with virtually unlimited litigation resources and career prosecutors, can be terrifying. Further, harsh federal sentencing guidelines and unforgiving charging policies make the federal court a particularly serious threat to the future of those accused of felonies.
Proven Federal Defense Lawyers in Indiana – Former Federal Prosecutors
Whether you receive a target letter or a federal grand jury subpoena, the quality of your legal representation might be all that stands between you and decades in a federal penitentiary. Our lawyers at Oberheiden, P.C. have the federal court litigation record, investigative experience, legal acumen, and litigation resources to take on powerful federal agencies like the Department of Justice, Federal Bureau of Investigation, Office of Inspector General – Department of Health and Human Services, Drug Enforcement Agency, Department of Labor, and Department of Defense. Whether we have been obtained for legal advice on regulatory compliance, a federal audit or investigation, or a criminal prosecution, our lawyers have an exemplary history of protecting our client’s job, career, financial well-being, liberty, and reputation. We serve clients throughout Indiana including but not limited to Indianapolis, Lafayette, Fort Wayne, South Bend, Hammond, Terre Haute, Evansville, and New Albany.
Our founding partner Nick Oberheiden gained a national reputation for his understanding of federal procedure, complex evidentiary issues, constitutional law, and federal trial practice. He has appeared on shows in all 50 states, including in Indiana. Nick also is a widely published author of books and articles on issues related to federal law.
Our team of Indiana federal criminal defense lawyers includes former lawyers that had successful careers inside powerful federal agencies.
Our dedicated team of lawyers has tenaciously defended the legal rights of individuals accused of federal offenses at all stages of criminal cases. The vast experience we have acquired working within federal agencies that investigate and prosecute federal crimes gives us a distinct advantage. We use this inside information to ensure our clients understand what to expect through every phase of the investigation and prosecution. Our background prosecuting cases also has provided insight about where to look for law enforcement mistakes and improper conduct that might create a valid defense for our client. We also recognize the most common holes in the prosecutor’s case, as well as promising procedural and substantive defenses.
Why Federal Criminal Cases Pose Special Challenges for the Accused
The Indiana federal criminal defense attorneys at Oberheiden, P.C. have the litigation resources and experience to effectively defend individuals and businesses in the most complex federal criminal cases.
While no one welcomes impending criminal charges, the need for a proven criminal defense law firm in your corner will never be higher than when you are facing federal court. Federal law enforcement investigations and prosecutions differ significantly from cases involving comparable charges in state courts. The law enforcement agencies that handle federal cases tend to be exceptionally well staffed and financed. The prosecutors at the Department of Justice and other federal agencies that pursue federal criminal trials and sentencing hearings also have significant skills and funding. Judges that preside over these cases have lifetime appointments and less crowded court dockets, so they are under less pressure to approve plea deals to clear their caseload. The potential for lenient sentencing also is limited because the judges generally adhere to the federal sentencing guidelines, which include tough mandatory minimums.
Why Individuals Accused of Federal Crimes Choose Oberheiden, P.C.
Our law firm has earned a national reputation defending our clients in over a thousand grand jury cases and conducting over 500 criminal trials. When clients are asked why they choose us to represent them, some of the justifications they site include:
Federal Court Litigators: Persons subject to criminal investigation and federal charges want the confidence of knowing their legal advocate is an experienced federal trial attorney. Our lawyers have an exemplary record of victory in a high number of federal jury trials.
National Prominence: Clients often have heard of our Oberheiden, P.C. because lawyers in our law firm appear in the media to provide expert commentary on matters relevant to civil and criminal liability, civil/criminal procedure, and trial practice. People throughout the United States seek out our services.
Exemplary Results: Our law firm has a proven record of success for our clients at every stage of federal criminal cases. The recent results obtained by our law firm are even more impressive. Few of clients subject to a target letter, OIG subpoena, or grand jury proceeding were ever charged with a crime after hiring us.
Special Expertise in Healthcare Fraud Cases: Our law firm is comprised of Indiana federal criminal defense lawyers who have a pattern of success both prosecuting and defending cases brought against healthcare professionals and entities. We commit a substantial amount of our resources and time to handling cases brought under federal laws against healthcare industry defendants, such as the Anti-Kickback Statute, Federal False Claims Act, Stark Law, Medicare/Medicaid Fraud, and other federal offenses.
Preeminent Criminal Defense Against All Federal Charges
- Federal Weapons Charges
- RICO Crimes
- Wire Fraud
- Human Trafficking
- Public Corruption/Bribery
- Federal Civil Rights Offenses
- Importation/Exportation of Drugs
- Obstruction of Federal Audits
- Insurance Fraud
- Credit Care Fraud
- Counterfeit Goods Trafficking
- Bank Robbery
- Giving False Statements Related to Healthcare Billings
- Sex Trafficking
- Human Smuggling
- Tax Evasion/Non-Payment of Taxes
- Defrauding the Government
- Theft of Trade Secrets
- Mortgage Fraud
- Environmental Offenses
- Illegal Firearms Crimes
- Subornation of Perjury
- Identity Theft
- Real Estate Fraud
- Trade Secrets Theft
- Civil Rights Violations
- Bankruptcy Fraud
- Obstruction of Justice
- Hate Crimes
- Narcotics Offenses
- Mail Fraud
- Obstruction of Criminal Investigations
- Child Pornography
- Computer Crimes
- Money Laundering
- SEC Violations
- Witness Tampering
- Destroying Corporate Audit Records
Proven Expertise Defending Healthcare Professionals and Corporations That Provide Medical Services and Products
Although the attorneys in our law firm have handled thousands of cases involving a broad spectrum of federal criminal offenses, Oberheiden, P.C. are at the forefront of healthcare law litigation. Our national reputation in healthcare law fraud defense and related cases is based on a demonstrated pattern of success as former federal prosecutors. Many of the cases we handled for healthcare professionals have been terminated because we persuaded federal agencies to terminate an investigation. Our law firm regularly prevents a finding of civil or criminal liability against our client or any of our client’s employees, directors, principals, or affiliated entities or individuals. (Click here to view results).
Professionals and businesses in the medical industry do not just seek out our lawyers because of our success preventing convictions and the loss of professional licenses. Clients hire us because of our record of success at avoiding criminal charges in the first place. Less than two percent of our clients under an OIG subpoena, target letter, or grand jury investigation have had to answer criminal charges after retaining Oberheiden, P.C. Further, all our clients facing investigations under the False Claims Act (FCA) were determined to have no criminal or civil liability.
The attorneys of our law firm have extensive experience and knowledge defending healthcare individuals and entities accused of participating in schemes and conduct like patient brokering, false/fraudulent claims, physician self-referral, fee-splitting, and other variations of healthcare fraud. We have successfully defended providers and suppliers of medical care, products, and services throughout the U.S. Our lawyers have defended physicians, drug rehabilitation facilities, hospitals, compound pharmacies, home health service providers, behavioral health facilities, urgent care facilities, pharmacists, and other providers of medical services, products, and care.
Although the types of conduct that could fall under the scrutiny of federal authorities are wide ranging, some examples include the following:
- Medicare/Medicaid Fraud
- Submission of false billings
- Unlawful kickbacks to induce Medicare patients
- False certification of a patient as home bound
- Buy-backs of prescription medications
- Illegally prescribing and dispensing of drugs
- Performing medical services or care without medical justification
- Improper billing practices like upcoding and unbundling
- Waivers of co-pays and deductibles
- Submission of bills for drugs for which a prescription is not filled
- Ghost patients
- Kickbacks for referring patients
- Billing for healthcare services not administered
Constructing a Defense to Federal Criminal Charges
Although our law firm has an exemplary record of keeping our clients facing federal audits, target letters, and grand jury proceedings from formal criminal charges, we provide tenacious defense against such charges. If a grand jury has returned an indictment against you, we will meticulously analyze the charging document and law enforcement reports prepared by the federal agency. This analysis often exposes assumptions that can be exploited for the benefit of the accused.
This investigation also involves using our own private investigators to gather exculpatory facts, analyze the evidence, and expose witness bias. Our attorneys frequently work with forensics experts or healthcare experts to dissect the government’s case. We also closely scrutinize law enforcement procedure related to search and seizures to uncover Fourth Amendment violations. Our lawyers also look for other issues, such as suggestive lineups, faulty eyewitness identifications, improperly obtained confessions, illegal wiretaps, witness bias, and other grounds for challenging the government’s evidence.
Because our law firm focuses on federal criminal cases, False Claims Act defense, and civil prosecutions to impose civil penalties, our attorneys are especially adept at protecting clients at the pre-charge stage. If you retain our law firm as soon as you learn you have drawn the attention of a federal agency or law enforcement, we work diligently to protect you from ever becoming subject to a returned grand jury indictment. Our lawyers excel at defending clients at the stage of a federal audit or investigation.
Although our goal is to keep our clients from the unwelcome shadow cast by a federal criminal charge, our clients know that we are not a law firm that hesitates to take on the government at trial. Oberheiden, P.C. has conducted over 500 trials and supervised many more. We have nearly a flawless record in federal criminal trials with a 98.6 success rate. When taking on well-funded federal agencies of the federal government, we do not hesitate to use every appropriate tool, including professional researchers, consultants, skilled investigators, forensic experts, and other people or litigation resources that will allow us to present the most compelling defense.
Frequently Asked Questions (FAQs) – What Targets of Federal Investigations & Charges Need to Know
How do federal crimes differ from state criminal offenses?
In simple terms, federal crimes generally refer to violations of statutes enacted by the United States Congress. State crimes are offenses based on laws and ordinances passed by the legislature of a state or a local government. Most federal crimes involve conduct in more than one state or matters of national concern. However, many offenses can be prosecuted in both state and federal courts. Using this this concurrent jurisdiction, federal authorities have become more aggressive in pursuing solely intrastate crimes and violence despite the fact these offenses used to be left almost exclusively to state authorities.
What federal agencies investigate and prosecute federal crimes?
Many federal agencies could be involved in an investigation, such as the FBI, DOJ, Secret Service, or DEA among other agencies. Occasionally, federal investigators work in conjunction with state and local law enforcement authorities. Federal cases typically are prosecuted by the U.S. Attorney’s Office located in the jurisdiction where the offense was committed. In some situations, prosecutors from the Department of Justice or another federal agency will prosecute the offense.
What is a target letter?
Typically, federal law enforcement agents and prosecutors classify anyone who is potentially involved in a federal crime into one of three categories:” witnesses, subjects, or targets. When the Department of Justice (DOJ) thinks someone committed a federal crime, they send a target letter indicating that the person is the “target” of a federal investigation. If you received a target letter, the government is looking into you. Of course, this does not mean that you are guilty or that you will be found guilty. It does mean, however, that you should reach out to a highly experienced Indiana federal criminal defense attorney immediately to begin preparing your defense strategy.
What is a grand jury subpoena?
Although the name would seemingly indicate that a grand jury subpoena is issued by a grand jury, that is not the case. A grand jury subpoena is a type of subpoena that federal prosecutors use in the investigation of a federal crime. Grand jury subpoenas are used in grand jury proceedings, hence their name. When a federal prosecutor issues a grand jury subpoena, they believe the recipient has information that is important to their investigation. In some instances, the subpoena compels the recipient to testify at a grand jury proceeding. If that is the case, the person must testify without an attorney next to them. If you’ve been served with a grand jury subpoena, you must get in touch with an experienced Indiana federal criminal defense attorney before approaching prosecutors about the case.
Should I speak with federal investigators or law enforcement if they are only speaking to me as a witness?
The answer to this question is a resounding no! The agent’s characterization of you as a mere witness might be disingenuous because agents are not required to tell the truth when interviewing you. Even if you are merely a witness at the time you are contacted, many people make the shift from witness to target because they decide to talk to agents and inadvertently provide incriminating statements. Another compelling reason not to speak to federal law enforcements without an experienced Indiana federal criminal defense lawyer is that providing false information or telling a lie could be charged as an independent federal crime. Federal prosecutors often pursue a conviction based on a lie during an interview rather than the underlying offense because it is easier to obtain a conviction for lying to investigators.
Do federal prosecutors ever withdraw charges?
While federal prosecutors can withdraw charges, it is extremely rare unless you either agree to enter a guilty plea on certain charges or give them no other option but to withdraw. The other way to stop a federal case in its tracks is to have the court dismiss the case entirely. However, because federal prosecutors are among the most highly skilled prosecutors in the country, this also is very unlikely . They only reach this level of practice after years—often decades—of experience. They rarely make mistakes. If you are facing criminal charges in federal court, you require an Indiana federal criminal defense attorney with just as much knowledge and experience.
Federal Criminal Charges Can Have Horrible Consequences: Protect Yourself! Contact Our Indiana Federal Criminal Defense Attorney
Call us at (888) 519-4897 or request a free case evaluation online now to discuss your options.
Other state pages can be found here.
Additional Pages for Indiana
- Indiana healthcare fraud defense
- Indiana Medicare fraud defense
- Indianapolis federal criminal defense
- Indianapolis healthcare fraud defense
Dr. Nick Oberheiden, founder of Oberheiden P.C., focuses his litigation practice on white-collar criminal defense, government investigations, SEC & FCPA enforcement, and commercial litigation.