Kansas Federal Criminal Defense Attorneys
Knowledgeable Federal Criminal Defense Lawyers Protecting Professional Licenses and Freedom in Wichita, Overland Park, and all of Kansas
If you are a physician, dentist, psychologist, or healthcare business owner, the prospect of a healthcare audit, federal investigation, federal grand jury subpoena, or a target letter can cause overwhelming stress. While the specter of any misdemeanor or felony charge is disturbing, federal charges increase the pressure and consequences exponentially. Federal prosecutors will usually be associated with powerful federal agencies (FBI, DEA, OIG) with overwhelming financial resources. The law enforcement agents and prosecutors that handle federal criminal cases are exceptionally skilled and equipped with superior investigatory tools. These law enforcement authorities and prosecutors also are armed with tough federal sentencing guidelines that judges use to impose lengthy draconian prison terms, which frequently include mandatory minimums of incarceration.
Most aspiring doctors and others with healthcare careers and businesses never expect to be face-to-face with a federal agent or to testify before a federal grand jury. However, the federal government has focused significant litigation resources on cases that deplete public funds, such as fraud and false claims against the government. Whether you are facing allegations of tax evasion, healthcare fraud, SEC violations, or a qui tam whistleblower action, you might be confronted with severe consequences. Depending on the specific circumstance of your case, you could face a wide range of penalties that include:
- Incarceration in federal prison
- Recoupment orders for massive sums
- Financial fines, penalties, interests, and costs of prosecution
- Felony record
- Loss of your professional license
- Damage to your professional and personal reputation
Federal authorities have adopted a dual focus on drug offenses and white-collar crimes involving public funds.
Renowned Former Federal Prosecutors–Oberheiden, P.C.
If you are facing the imposing power and litigation resources of the federal government, experience and legal acumen could constitute the difference between a lengthy federal prison term and devastating damage to your reputation, career, and financial security. Our law firm has been sought outby individuals and commercial entities throughout the U.S. dealing with Medicaid audits, investigations by the FBI and other federal law enforcement agencies, and federal felony charges.
Nick Oberheiden–Attorney & Founding Partner
Our founding partner Nick Oberheiden has expertise in regulatory compliance, federal litigation, healthcare law, and foreign legal systems. His experience involves handling cases like IRS, DEA, FBI, and IRS investigations, tax fraud, Internet crimes, federal conspiracy, money laundering, public corruption, bribery, tax fraud, public corruption, and mail fraud. Nick devotes a substantial portion of his practice to healthcare law cases involving the Stark Law, Medicare/Medicaid/Tricare Fraud, False Claims Act, Anti-Kickback Statute, Medicare/Medicaid/Tricare Fraud, and Qui Tam Claims. Nick appears frequently as a legal expert on federal law and healthcare fraud on national TV and radio shows. He also is the author of widely published articles and books on civil and criminal procedure, constitutional law, evidence issues, and international law questions.
While our founding partner has a national reputation, he also is joined by a team of highly skilled and experienced lawyers including several former federal prosecutors. Our record of winning includes 69 of 70 federal jury trials and protecting the professional license of a hundred percent of our clients. When defendants are facing life-altering federal charges or federal investigations, they seek outthe insider knowledge that Oberheiden, P.C. can provide.
Our team of more than a dozen attorneys brings exhaustive experience with federal regulatory agencies that conduct investigations and prosecutions. This background allows us to have unique insight into weaknesses in federal prosecutor cases, common federal law enforcement mistakes, subtle aspects of statutory safe harbor provisions, and other factors essential to effective defense. Since our attorneys have investigated similar cases in the past as former prosecutors and defense attorneys, we understand where to concentrate our attention when scrutinizing and attacking forensic tests, law enforcement procedures, search and seizures, and questioning of our clients. This background litigating thousands of cases involving civil or criminal liability in federal court has equipped our Kansas federal criminal defense attorneys with the capacity to dissect the prosecutor’s case to pursue the best possibleoutcome for our clients.
Reasons Individuals Confronting Criminal and Civil Liability Trust Us
The law firm of Oberheiden, P.C. has crafted a solid record of success while handling over a thousand grand jury matters and more than 500 trials. We have successfully defended people from all walks of life. Some of the factors that motivate people to seek us out include:
National Results: There are many good law firms that handle cases in any of the states where we maintain an office, but a miniscule number of firms have successfully defended cases in over 25 U.S. states.
Skill in Federal Court: Federal courts present special obstacles for the criminally accused seeking a positive outcome. The skill and resources of powerful law enforcement agencies and skilled federal prosecutors work in conjunctionwith strict federal sentencing guidelines to make the stakes especially high.
Highly Regarded in Healthcare Fraud: Our law firm is staffed with attorneys well-versed in healthcare law. Some of our attorneys are former prosecutors of healthcare fraud cases. Our law firm devotes a significant portion of its resources and time to defending healthcare professionals and other medical industry individuals and businesses.
Highly Unprecedented Results: Our law firm has accomplished feats for clients that are virtually unprecedented. We have persuaded the government to dismiss grand jury indictments without pursuing formal criminal charges in litigation. Our law firm has even obtained the dismissal of a federal grand jury indictment though it is extremely rare. A federal grand jury indictment is only returned when at least 16 grand jurors unanimously agree sufficient evidence exists to pursue formal criminal charges.
Passionate Defense Against a Broad Range of Federal Crimes
- Healthcare Fraud
- Wire Fraud
- Federal Weapons Charges
- Bank Robbery
- Obstruction of Federal Audits
- Human Trafficking
- Economic Espionage
- Trafficking of Counterfeit Goods
- RICO Crimes
- Domestic Terrorism
- Bribery Offenses
- Sex Trafficking
- Aggravated Identity Theft
- Federal Civil Rights Violations
- Exportation of Drugs
- Credit/Debit Card Fraud
- Harboring Terrorists
- Theft of Trade Secrets
- Environmental Crimes
- False Statements Related to Healthcare Matters
- Crimes Involving Bombings
- Fraud Against the Government
- Offense Committed on Federal Property or Across State Lines
- Subornation of Perjury
- Bankruptcy Fraud
- Sexual Conduct with Minors
- Importing Drugs
- Public Corruption Offenses
- Drug Conspiracy and Other Narcotics Offenses
- Illegal Firearms Offenses
- Antitrust Violations
- Money Laundering
- Child Pornography
- Drug Trafficking
- Obstructing Criminal Investigations
- Computer/Internet Crimes
- Mail Fraud
- SEC Violations (e.g. Insider Trading)
- Continuing Criminal Enterprise
- Tampering with Informants, Witnesses, or Victims
- Obstruction of Justice
- Hate Crime Act Violations
- Destruction of Corporate Audit Records
- Criminal Infringement of Copyrights
- Insurance Fraud
Special Expertise in Healthcare Law Related Crimes
While the lawyers of Oberheiden, P.C. have the legal knowledge and vast experience to represent parties charged with many federal crimes, our law firm has special skill and acumen in matters related to healthcare law. While we also defend clients in state courts, our law firm has achieved national acclaim by successfully defending persons and corporations accused of healthcare fraud and related federal offenses. We also provide tenacious defense before tribunals and administrative agencies in which the United States government defers a federal investigation or prosecution to state administrative authorities to be resolved.
As part of the federal government’s war on healthcare fraud, federal authorities have become more creative and tenacious in pursuing these prosecutions. This focus by the government has made the defense of healthcare fraud allegations more specialized and complex. Depending on the allegations and health law statute that is the basis of your charge, you could face civil penalties and/or criminal prosecution. A criminal conviction could also mean suspension or loss of a medical provider’s license.
Our lawyers have comprehensive knowledge and enormous experience handling cases involving allegations of fee splitting, patient brokering, false claims, physicians’ self-referrals, patient brokering, and other forms of healthcare fraud. Our law firm represents healthcare providers and suppliers throughout the United States. Our clients include doctors, behavioral health facilities, urgent care centers, pharmacists, nursing homes, compound pharmacies, drug rehabilitation centers, and home health agencies hit with allegations of healthcare fraud.
Some of the forms of conduct we regularly defend in cases involving medical industry persons and corporations include:
- Overutilization of services
- Prescription drug buy-backs
- Unbundling or upcoding
- False certification that a patient is home bound (home healthcare fraud)
- Waiving co-payments and/or deductibles
- Unlawfully dispensing or prescribing
- Providing compensation for referral of services or patients (Stark and Anti-Kickback)
- Medicaid Fraud
- Misrepresentation of dates of service
- Billing for prescriptions not filled by a pharmacy
- Inaccurate reporting of procedures and diagnosis
- Provision of medical services or procedures without a medical necessity
- Medicare Fraud
- Unnecessary or false issuance of prescription drugs (e.g. opioids)
- Billing for medical services not provided
Federal Criminal Case Process of Investigations and Litigation
If you are the subject of an audit or investigation or you have received a federal grand jury subpoena, our Kansas federal criminal defense lawyers can investigate the allegations and provide legal advice throughout the process. The best option is to secure legal representation at the pre-charge phase. Our law firm excels at intervening, so our clients avoid a returned indictment or referral to the U.S. attorney for prosecution.
If a grand jury returns with an indictment or a U.S. magistrate issues an arrest warrant, you could be arrested and compelled to make an initial appearance, which must occur within 72 hours of the arrest. During this hearing, the judge will inform you of the charges, notify you of your rights, and set bond if appropriate. The next stage will be an arraignment during which you will be asked to enter a formal plea.
Sometimes a plea agreement will be negotiated between the defendant and the federal prosecutor. Potential resolutions under a plea agreement include:
- Stipulations regarding sentencing factors
- Dismissal of certain charges if you plead guilty to others
- Consent to asset forfeiture
- Agreeing on sentence recommendations
- Agreeing to disregard whether certain sentencing enhancements apply
- Agreeing to recommend a sentence that differs from the federal sentencing guidelines
While any of these dispositions could be part of a plea agreement, the federal sentencing guidelines, mandatory minimum sentences, and the harsh charging and sentencing policies of the government make reaching an attractive plea agreement difficult in federal criminal courts.
The pre-trial process in federal court also tends to be complicated. Discovery is conducted during this phase of the process, which can be extremely extensive if you are involved white collar or other financial crimes. The case could include demands for information and materials that involve the need to gather, review, and analyze thousands of documents.
While most cases resolve before trial, many people decide to retain our firm because we have conducted 500 trials and supervised many more. Our law firm uses all available resources to assert the most effective defense. At Oberheiden, P.C., our Kansas federal criminal defense lawyer often utilizes consultants, forensic experts, professional researchers, and highly regarded investigators to defend our clients.
FAQs Regarding Defense Against Federal Crimes and Civil Penalties
What is a target letter?
A target letter is usually sent by the U.S. Attorney’s Office to someone who is the target of a federal investigation, although other federal agencies may also send target letters. The U.S. Attorney’s Offices utilizes target letters in both criminal and civil investigations, and it may not be clear from the letter which type of case the government is pursuing. Nevertheless, if you received a target letter, it’s fair to say the federal government is very likely going to bring charges against you. If you have received a target letter, it is imperative that you protect your interests by consulting with an accredited Alaska federal criminal defense attorney.
What should I do if the FBI shows up at my house?
The first thing you should keep in mind when the FBI shows up at your house is that you are not obligated to speak with them. If FBI agents have a search warrant, you will need to let them inside your home or business, provided the warrant specifies the correct location. Even if FBI agents tell you it will “look bad” if you don’t talk, still don’t talk. Instead, reach out to a dedicated Alaska federal criminal defense attorney immediately.
What should I do if I receive a subpoena?
Depending on the type of subpoena you received, you may need to either appear at a specific location at a certain date or, more likely, you need to produce the requested evidence for the U.S. Attorney’s inspection. In the latter case, subpoenas are usually very broad, potentially covering thousands of documents, and even more in some cases. While you generally need to comply with a subpoena, determining what exactly you need to provide to the U.S. Attorney is not always clear. On one hand, you want to ensure that you do not give the government the idea you are hiding something. And on the other hand, you do not want to provide the government information that could shift the focus of its investigation to you or your business. Thus, if you received a subpoena, your first step should be to contact an experienced Kansas federal criminal defense lawyer to discuss your options.
What is a grand jury?
Unlike a petit jury, a grand jury does not determine a defendant’s guilt or innocence. Instead, prosecutors use grand juries to obtain the “permission” required under the Constitution to bring charges against someone. In a grand jury proceeding, the government attorneys are the only parties present, meaning there is no judge and the subject of the government’s investigation is not present. In fact, grand juries meet in secret, meaning the subject of the investigation is unaware they are being investigated. If the grand jury determines there is probable cause to bring charges against the subject, federal prosecutors will then proceed with an indictment. If you’ve received a grand jury indictment, reach out to a Kansas federal defense attorney for immediate assistance.
How will my sentence be determined if I am convicted of a federal criminal offense?
When a defendant is found guilty or pleads guilty in a federal court, the judge will schedule a sentencing hearing. The Office of U.S. Probation will prepare a presentence report (PSR) that will specify mitigating and aggravating factors. The judge will consider the information in the PSR. The report typically will address the impact on the victim, criminal history, social history, personal characteristics, and other matters. However, the decision typically will be framed by the federal sentencing guidelines, which include tough mandatory minimums.
Should I try to negotiate a plea agreement or take the case to trial?
Most federal criminal trials do not go to trial. Many end in a negotiated guilty plea where the defendant admits some level of wrongdoing, usually in exchange for reduced charges or an agreed-upon sentence. However, some cases are better taken to trial. It doesn’t mean you are guilty if you face federal charges, and you shouldn’t rush to work out a deal. Instead, you should consult with a dedicated Kansas federal criminal defense attorney so they can review the case against you and advise you of your best option. If, after reviewing the case, your attorney determines a plea agreement may be in your best interest, they will be in the best possible position to negotiate the terms of the agreement with federal prosecutors.
Speak with Dedicated Kansas Federal Criminal Defense Lawyers Skilled in Federal Court Cases
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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.