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90%+ SUCCESS RATE
AVOIDING CRIMINAL CHARGES

Dr. Nick Oberheiden
Founder

Aaron Wiley
Former State &
Federal Prosecutor

S. Amanda Marshall
Former U.S. Attorney

Bill McMurrey
Former DOJ-Trial Attorney

Lynette Byrd
Former Assistant
U.S. Attorney

  • Federal Criminal Defense
  • Federal Trial Lawyers
  • Search Warrant Defense
  • Grand Jury Subpoenas
  • OIG Subpoenas
  • Whistleblower Cases
  • FBI, DEA, IRS, OIG, HHS Cases

New Mexico Federal Criminal Defense

Proven Defense Against FBI, DEA, OIG, and IRS Investigations

New MexicoThere is a reason why a spine surgeon does not also do dental work on a side. It is the same reason why a true New Mexico federal criminal defense lawyer does not handle shoplifting, drunk driving, or assault cases next to a practice of negotiating with FBI agents and appearing before Department of Justice prosecutors: federal criminal defense is not a hobby. Just like doctors shouldn’t do a little bit of foot surgery and a little bit of brain surgery, lawyers shouldn’t mix federal and state law cases. Federal cases are too distinct.

Meet attorney Dr. Nick Oberheiden. Licensed before all federal courts in New Mexico, Nick dedicates his entire practice to federal litigation and federal criminal defense. He helps people in New Mexico who are unjustly accused of federal offenses like opioid abuse, health care fraud, mail fraud, wire fraud, money laundering, bribery, identity theft, bank fraud, allegedly part of a federal conspiracy, tax fraud, severe computer crimes, and many other federal offenses.

Nick Oberheiden

Media stations throughout New Mexico call Nick when they need solid explanations and guidance on issues of federal law such as federal government investigations and federal litigation. Nick has been interviewed by stations across the entire state of New Mexico, in fact across all 50 U.S. states. Why? The media and clients know they can rely on Nick’s assessment and advice.

Simply compare Nick’s profile and Nick’s track record with any lawyer you may find or hear about. Say, you are a physician and the DEA is auditing your practice for unlawful prescriptions of opioids, benzodiazepines, stimulants, sedatives, and muscle relaxants between 2014 and the present. Well, here are Nick’s last five DEA defense outcomes:

  • Example 1: Drug Diversion Overdose (Physician): No Charge.
  • Example 2: Life Sentence for Drug Offense (Physician): No Charge.
  • Example 3: Health Care Fraud, Prescriptions (Physician): No Charge.
  • Example 4: Health Care Fraud, Prescriptions (Pharmacy): No Charge.
  • Example 5: Search Warrant for Opioid Prescriptions: No Charge.

Get Trusted Experience on Your Team: 866-Hire-Nick

Federal cases are intense. Nothing is scarier than fighting the Department of Justice and the FBI when they are after you. In federal cases, you need a strong, compelling, experienced attorney, who can convince prosecutors and federal judges. You don’t need a talker. You need a lawyer that actually does federal cases for a living, someone who needs no introduction to the underlying case allegations and technicalities. You need someone who has dismissed, resolved, and negotiated NO CHARGE outcomes in hundreds of federal cases before you.

Important Questions Regarding Federal Criminal Cases and Opioid Fraud Investigations in New Mexico

New Mexico is one of 95 federal districts nationwide with the two main federal courthouses in Albuquerque and in Las Cruces. The following are among the questions clients ask if they are under federal investigation in New Mexico.

Why Does the DEA Target Doctors in New Mexico?



New Mexico doctors are targeted by the DEA, the FBI, and the Department of Justice if they prescribed opioids, stimulants and other addictive medications to chronic pain patients between 2014 and the present. The government‘s position is that medically unnecessary prescriptions caused the national crisis and that a prosecution of prescribers and pharmacies is the solution to solve complex issues of accidental overdoses, drug diversion, and addiction.

How Is the Controlled Substances Act Applied in New Mexico?



The Controlled Substances Act regulates the conditions and the manner, in which controlled substances may be manufactured and distributed. In the context of New Mexico investigations, prosecutors use the Controlled Substances Act to determine whether prescribers in Albuquerque, Taos, Las Cruces, Hobbs, Socorro, Santa Fe, and elsewhere within the state of New Mexico followed accepted guidelines and prescribed within the ordinary course of medicine.

What Are the Penalties for Drug Dealing in New Mexico?



The penalties for violating the Controlled Substances Act are severe. Single violations can trigger significant fines and federal incarceration of up to 10 years. If you have any concerns about your prescription policies or your compliance with the Controlled Substances Act, you should not hesitate a second to get reliable advise from a recognized DEA defense attorney.

What Are Examples of a Federal Conspiracy?



Many federal cases in New Mexico are investigated as so-called federal conspiracies. A federal conspiracy allows the government to connect different defendants into one single case, even though the defendants may not even know each other. Classic examples of federal conspiracies are:



  • Conspiracy to Commit Medicare Fraud (18 U.S.C. 1347; 18 U.S.C. 371)

  • Conspiracy to Accept or Receive Illegal Kickbacks (42 U.S.C. 1320a-7(b)(b); 18 U.S.C. 371)

  • Conspiracy to Commit Obstruction of Justice (18 U.S.C. 1518, 1519; 18 U.S.C. 371)

  • Conspiracy to Commit Aggravated Identity Theft (18 U.S.C. 1028A; 18 U.S.C. 371)

  • Conspiracy to Make False Statements Relating to Health Care Matters (18 U.S.C. 1035; 18 U.S.C. 371)

  • Conspiracy to Distribute Controlled Substances (21 U.S.C. 841; 21 U.S.C. 846)

  • Conspiracy to Commit Health Care Fraud (18 U.S.C. 1347; 18 U.S.C. 371)

  • Conspiracy to Commit Theft or Embezzlement in Connection with Health Care (18 U.S.C. 669; 18 U.S.C. 371)

  • Attempt or Conspiracy to Commit Health Care Fraud (18 U.S.C. 1349; 18 U.S.C. 371)

  • Conspiracy to Commit Medicaid Fraud (18 U.S.C. 1347; 18 U.S.C. 371)

  • Conspiracy to Commit Securities Fraud (18 U.S.C. 1348; 18 U.S.C. 371)

  • Conspiracy to Unlawfully Use Health Information (42 U.S.C. 1320d-6; 18 U.S.C. 371)

  • Conspiracy to Use Identification Information (18 U.S.C. 1028(a)(7); 18 U.S.C. 371)

  • Conspiracy to Commit Bribery (18 U.S.C. 201; 18 U.S.C. 371)

  • Conspiracy to Commit Mail Fraud (18 U.S.C. 1341; 18 U.S.C. 371)

  • Conspiracy to Commit Wire Fraud (18 U.S.C. 1343; 18 U.S.C. 371)

  • Conspiracy to Commit Money Laundering (18 U.S.C. 1357; 18 U.S.C. 371)

  • Conspiracy to Commit Bank Fraud (18 U.S.C. 1344; 18 U.S.C. 371)

  • Conspiracy to Commit Tax Fraud (26 U.S.C. 7206; 18 U.S.C. 371)


What Should I Do: the FBI Raided My Office?



Indeed, a search warrant is a meaningful and severe event in a federal criminal investigation. The key, however, is to rationalize and analyze the government’s tactics and to develop a proven and effective defense plan immediately— rather than hesitating and thinking that the case will go away by itself.

At What Point Should I Hire A Federal Lawyer?



Perhaps the biggest mistake clients make in government investigations is to hesitate to hire an attorney. Be it due to a denial, be it because of insecurity, there is no good reason to wait and to allow the government to build a case against you— at a time when a good federal defense lawyer can shut down the entire investigation before it gets out of control. 866-Hire-Nick

What Type of Federal Cases Does Nick Handle?



Nick has handled hundreds of federal cases, federal grand jury subpoenas, target letters from the Department of Justice, and cases involving the FBI, the DEA, the IRS, the Department of Justice, the Department of Defense, the Department of Health and Human Services, the Department of Labor, the Department of Homeland Security, and many more. Nick has defended any imaginable kind of health care fraud including opioid overdoses, prescription abuse, Medicare fraud, Medicaid fraud, False Claims Act investigations, whistleblower cases, Civil Investigative Demands, mail fraud, wire fraud, tax fraud, money laundering, computer crimes, and many more.

How Can I Get in Touch With Nick?



While you call a secretary to schedule an appointment with most every lawyer you will find online, when you call Nick, he will answer the phone himself and nothing is easier than getting in touch with him— right when you need answers to pressing questions, including on weekends.

Call 866-Hire-Nick to Defend Your Future

Dr. Nick Oberheiden is admitted to practice in all federal courts in New Mexico and his practice in New Mexico is limited to federal law. If you would like to speak with your New Mexico federal criminal defense attorney, or meet Nick in New Mexico, call him directly on his mobile phone, including on weekends, at 866-Hire-Nick, contact him online. All consultations are free and 100% confidential.

Who Will Handle Your Case

When you hire us, you will not work with paralegals or junior lawyers. Each lawyer in our Health Care Practice Group has handled at least one hundred (100) matters in the health care industry. So, when you call, you can expect a lawyer that immediately connects with your concerns and who brings in a wealth of experience and competence. For example, you need someone like Lynette S. Byrd, a former federal prosecutor in health care matters, who recently left the government and who is now sharing the valuable insights she gained as a health care prosecutor with our clients.

Bill C. McMurrey

Bill C.
McMURREY

Dr. Nick Oberheiden

Dr. Nick
OBERHEIDEN

Lynette S. Byrd

Lynette S.
BYRD

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