Cybercrime Defense

  • Advances in the Internet have created a situation where individuals discover new ways to perpetrate crime via a computer system or other online device.
  • It is sometimes hard for people and businesses to keep up with such changes; entities especially vulnerable include those with poor internal controls, inadequate management, and systems which fail to address cyber risks.
  • Aware of this reality, the Cyber Division of the FBI has developed new strategies and advanced technologies with the specific purpose of prosecuting individuals and companies suspected of engaging in cybercrime.
  • A pending investigation or charge of cybercrime can be a troublesome and confusing time not to mention the possibility of criminal penalties and jail time under U.S. law.
  • Consider hiring a defense attorney to work on your personalized defense and fight against cybercrime accusations.

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)

Gamal Abdel-Hafiz
Gamal Abdel-Hafiz

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)

Experienced Defense Team

If you have been charged or are being investigated for a cybercrime, now is the time to take prompt action in your defense.

The FBI’s Cyber Division has enhanced its security efforts to intercept various cyber intrusions. Prosecutors are especially wary with computer crime cases due to their link to potential national security issues. The FBI boasts of its new technological and investigative strategies to chase down violators. This could result in unfair accusations leading to significant jail time and criminal penalties.

You need an individualized defense strategy right away. A charge against you has the power to shut down your life’s hard work and damage your liberty and reputation. Do everything possible to defend your rights and career. We are here to help.

At Oberheiden, P.C., our attorneys are highly qualified in defending cybercrime allegations. We are a prestigious law firm employing the most accomplished and specialized defense attorneys poised to help you.

Our attorneys include former FBI agents, former U.S. attorneys, and former prosecutors. This inside perspective gives you a hand-tailored defense strategy guaranteed to offer you the best chance of success at every stage of the investigation or litigation process.

Do not wait to get in touch with an experienced defense attorney today. Put Oberheiden, P.C. on your side to fight for your freedom.

What are Cybercrimes?

Cybercrimes are crimes committed on the Internet, local networks, or via the use of computers. It refers to a category of offenses where the crime is committed by using any computer system.

Cybercrimes can be committed by attacking computer hardware and software or by using certain online threats like viruses or malware.

Cybercrimes can also be committed by attacking the financial means of an individual or corporation. These financial cybercrimes include phishing, fraud, or the theft of important financial information.

There are certain risk factors that make companies more susceptible to a possible cybercrime attack:

  • inadequate management and security
  • weak internal controls
  • systems that fail to address cyber risks
  • lack of understanding or education regarding cyber threats
  • poor system integrity

Cybercrimes are generally classified in three categories:

  • Cybercrimes against the individual – crimes that target an individual person or group of persons such as email harassment, phishing, and cyberstalking
  • Cybercrimes against companies – crimes that target an entity instead of an individual person such as data breaches or cyber extortion.
  • Cybercrimes against the government – crimes that target a nation’s security systems such as breaking into a government’s networks, hacking into government websites, or spreading propaganda against the government.

Thus, cybercrimes are one of the most novel and biggest issues in the nation. The ability of the computer system to manipulate data also presents a challenge to companies who are trying to keep up with the Internet’s latest capabilities or to companies who are facing unfair accusations.

We are here to both advice you with your concerns and defend you.

In the following sections, we will explain some examples of cybercrimes, how a typical investigation works, and what you can do to protect yourself.

Examples of Cybercrimes

There are many examples of cybercrimes:

  • malware
  • confidential information issues
  • data security
  • network/mobile security issues
  • hardware and software attacks
  • cyberextortion
  • cyberstalking
  • data or security breaches
  • intellectual property disputes
  • personal data challenges
  • online harassment
  • phishing
  • spyware
  • trojans
  • computer crime
  • ransomware
  • eavesdropping
  • viruses
  • worms
  • flood attacks
  • online illegal scams
  • identity theft

This above list is non-exhaustive but nevertheless daunting. Take prompt action by calling an experience attorney today to prepare your defense.

How Cybercrime Investigations Work

A cybercrime investigation involves the coordinated efforts between governmental entities to uncover the possible illicit activities of the perpetrator involving a computer system. Because these crimes are generally characterized by great sophistication and technological development, highly specialized experts will get involved in the process.

For instance, the investigating agency will employ experts in computer science, file systems, operating systems, hardware and software, and digital forensic analysts, as some examples. The techniques used by these experts can be complex and consist of extensive information gathering, digital forensics, and other extraction techniques.

There are many federal agencies that can get involved in the investigation of cybercrimes. The FBI and the Department of Homeland Security are the two most popular federal agencies and departments responsible for prosecuting these offenses. Other federal entities that may get involved in the investigation include the U.S. Secret Service, the Federal Trade Commission, or the Internet Crime Complaint Center.

In addition, the National Security Agency may also be involved in certain circumstances along with the U.S. military. These agencies share information on the suspect including their entire digital footprint and online presence.

This can be very intimidating and disconcerting. Contact a defense attorney trained to stop these allegations in its tracks as soon as possible.

An investigation for cybercrime can lead to prosecution under the following federal provisions, as some examples:

  • The Computer Fraud and Abuse Act of 1986 (18 U.S.C. § 1030)
    • Computer Fraud (18 U.S.C. 1030(a)(4))
    • Extortionate Threats (18 U.S.C. 1030(a)(7))
    • Computer Espionage (18 U.S.C. 1030(a)(1))
    • Trafficking in Computer Access (18 U.S.C. 1030(a)(6))
  • Electronic Communications Privacy Act of 1986 (18 U.S.C. § 2510)
  • Money Laundering (18 U.S.C. 1956)
  • Wiretap Act of 1968 (18 U.S. Code § 2511)
  • CAN-SPAM Act of 2003 (15 U.S.C. ch. 103)
  • Aggravated identity theft (18 U.S.C. § 1028A)
  • Criminal infringement of a copyright (18 U.S.C. § 2319)
  • Fraud by wire, radio, or television (18 U.S.C. § 1343)
  • Unauthorized publication or use of communications (47 U.S.C. 605)
  • RICO Predicate Offenses (18 U.S.C. 1961(1))
  • Federal Crimes of Terrorism (18 U.S.C. 2332b(g)(5)(B))

In addition to the federal legislation above, states have enacted their own laws prohibiting cybercrimes involving a computer system. Some of these states contain laws broader than federal regulation, making prosecution easier.

Our attorneys are here to help you. We understand you worked very hard in your career, and we will fight to protect your freedom and reputation.

How to Respond If You’ve Been Charged/Arrested in Connection with Cybercrime

A charge of cybercrime can result in substantial criminal penalties and jail time. An investigation could waste needless time, expense, and result in many challenges for your company, including damage to your reputation and loss of liberty.

The federal criminal process can be very lengthy, sometimes spanning months or years.

Do not divulge any information to a federal agent without first discussing with your attorney and having your attorney present. Understand your rights. Get an attorney on your side to defend you.

The defense attorneys at Oberheiden, P.C. have the experience and knowledge needed to prepare your defense to fight these accusations. Let us help you.

If you are charged with a cybercrime and need help defending your company, call us today or contact our office for a free consultation.

Cybercrime, Security Compliance, Foreign Influence, and Security Breaches

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