New York Federal Criminal Defense
Nothing Replaces Experience In Federal Cases: 866-Hire-Nick
New York is home to some of the finest criminal defense attorneys in the country. Clearly, there’s no shortage of lawyers anywhere in the state of New York. Nonetheless, it is important to understand that not every lawyer is equally trained and experienced when it comes to federal cases. Because the vast majority of criminal prosecutions are state cases (roughly 95%!!!), most criminal defense lawyers appear (at best) occasionally in federal litigations.
That’s a problem. Just like you would not normally pick a real estate attorney to handle a divorce case, you should think twice before hiring just any attorney to handle a complex federal investigation.
Put simply, when your life is on the line and your freedom at stake, there simply is no room to experiment. Everyone knows how harsh the federal justice system is and that there will be no second chances when it comes to choosing the right defense strategy.
New York attorney Dr. Nick Oberheiden is one of the few attorneys in the country that dedicates his practice to federal cases only. Nick has handled hundreds of federal cases involving the FBI, the DEA, the IRS, the United States Attorney‘s Office, the Office of Inspector General (OIG), and other federal law-enforcement agencies. Nick has defended clients before virtually all main federal authorities such as the Department of Justice (DOJ), the Department of State (DOS), the Department of Health and Human Services (HHS), the Department of Defense (DOD), the Department of Homeland Security (DHS), the Department of Labor (DOL), the Department of Transportation (DOT), the Department of the Treasury, to name just a few.
In these hundreds of federal representations, Nick has built a substantial track record of avoiding liability for his clients— even if they were named targets or declared subjects of a grand jury investigation. Nick’s reputation of handling federal cases has made Nick a frequent speaker, academic publisher, and featured guest on TV and radio shows throughout New York and all 50 states.
Here Are Some Recent Case Outcomes Nick Obtained in Federal Cases:
- Successful defense of a New Yorker physician in a federal criminal investigation. FBI agents contacted the client in an attempt to be interviewed as a person of interest and potential target of federal health care fraud. Nick took on the defense and discussed the matter with the United States prosecutors. Providing clarifying information, communicating objections, and meeting with the team of federal agents all contributed to obtaining the outcome every client strives the most: no criminal charges!
- Successful defense of a New York businessman in a federal drug case. The client hired Nick in a situation of great concern and exposure. He was notified by various federal agencies tasked to prosecute drug charges occurring in interstate commerce. Before any charges were filed, Nick intervened on behalf of his client and negotiated a non-prosecution agreement with the federal government for his (very relieved) client.
- Successful defense of a New Yorker health care provider in a criminal DEA investigation. Despite a career free of any misconduct and service to many satisfied patients, New York federal drug diversion agents opened an opioid investigation and confronted the doctor with patients that had passed of an alleged overdose while in the medical care of Nick’s client. The aggressive government approach required effective countermeasures. As so many times before, all eyes were on Nick. Step by step, Nick was able to derail the investigators of their initial objectives, which was to indict the doctor for homicide and offenses under the Controlled Substances Act. After a series of meetings, Nick and his team obtained a favorable resolution for his client. Not just did Nick avoid criminal charges but he also protected his client’s medical license. The doctor continues to serve the good people of New York. Mission accomplished!
- Successful defense of an East Coast doctor against criminal fraud charges for having violated the Anti-Kickback Statute and the Controlled Substances Act. The physician hired Nick after agents of the Office of Inspector General (HHS-OIG) and the Federal Bureau of Investigation (FBI) visited her. Federal health care fraud defense attorney Dr Nick Oberheiden carefully listened to his client’s side of story, analyzed the fact pattern, and began discussions with the agents and prosecutors introducing compelling legal and factual arguments. Notably, while everyone affiliated is expected to be prosecuted, Nick managed to keep his client out of trouble and was reassured that no charges would be filed against his client. Another thrilled client!
How Federal Law Enforcement Works in New York
The state of New York, like all U.S. states, is divided into different federal districts. In each of the federal districts in New York, federal prosecutors are tasked to enforce federal law on behalf of the United States Department of Justice. New York State is divided into 4 districts, the Northern, Southern, Western, and Eastern District. Each of those four districts has federal courthouses as well as branches of the Department of Justice, so-called U.S. Attorney’s Offices. The U.S. Attorney’s Offices employ federal prosecutors, also referred to as Assistant United States Attorneys (AUSA). Any dealing you may have with federal law enforcement in New York likely involves one of the following institutions and addresses.
- (1) The Northern District of New York covers a population of more than 3 million people and includes the federal courthouses and U.S. Attorney’s Offices in Albany (445 Broadway, Albany, New York 12207), Binghamton (319 Federal Building, 15 Henry Street, Binghamton, New York 13901), Plattsburgh (14 Durkee Street, Suite 340, New York 12901), Syracuse (100 South Clinton Street, Syracuse, New York 13261).
- (2) Southern District of New York includes the federal courthouses and U.S. Attorney’s Offices in New York City (211 West Ferguson Street, New York City, New York 75702) and White Plains (300 Willow Street, White Plains, New York 77701).
- (3) The Eastern District of New York covers the boroughs of Brooklyn, Queens, Staten Island, Long Island, Nassau, Suffolk County and includes the federal courthouses and U.S. Attorney’s Offices in Brooklyn (271 Cadman Plaza East, Brooklyn, New York 11201) and Central Islip (610 Federal Plaza, Central Islip, New York 11722).
- (4) The Western District of New York includes the federal courthouses and U.S. Attorney’s Offices in Buffalo (138 Delaware Avenue, Buffalo, New York 14202) and Rochester (100 State Street, Suite 500, Rochester, New York 14614).
Important Things You Should Know About Federal Criminal Cases in New York
How Do I Know If I Am Under Federal Investigation in New York?
Most, but not all, federal criminal cases come announced. Rarely will the federal government just show up with an arrest warrant and take you into custody, at least not in federal white-collar cases. More common is the investigative approach whereby federal agents will attempt to interview you (or affiliates of yours), or you will be made aware of an investigation by hearing about a grand jury subpoena, a target letter, or similar notices from one of the U.S. Attorneys’ Offices in New York. New York licensed federal criminal defense attorney Nick Oberheiden knows that time is of the essence when it comes to not getting entangled into a federal case. The earlier you contact Nick at 866-Hire-Nick and the more time he has available to strategize, intervene, and oppose the investigation, the higher and better the chances that you will actually not end up being dragged into a criminal case.
What Should I Do If FBI Agents Come to My Business?
Although the recommendation is simple, it is rarely followed: do not talk to federal agents. You are required to truthfully state your name—and that’s it. Insist on your lawyer being present. If you don’t have one yet, insist on your lawyer being present nonetheless. Get the agent’s business card so that your lawyer can speak to the government on your behalf. Anything that you will share with the agents can be held against you. In fact, New York FBI defense lawyer Nick Oberheiden knows that most people feel inclined to chat—because they feel like they have nothing to hide. While that may be true, it is equally true that the FBI would not come to you if you had absolutely no involvement in whatever case the agents may be investigating. In other words, the mere presence of federal law enforcement makes you a person of interest. If you are a person of interest, you should first find out—through your lawyer—why you are in that position and whether you may be even more than that, namely a target.
Is New York Tough on Federal Crimes?
According to national statistics, New York is among the most daunting federal districts in terms of quantity of investigations and conviction rates. The Southern District (Manhattan) and the Eastern District (Brooklyn) of New York often lead the number of prosecutions per federal district nationwide and both have a reputation of being above-average vigorous. By far the best recipe against becoming yet another victim of said statistics is to intervene and oppose the government’s case early and forcefully. If you are exposed to a federal investigation, call New York federal attorney Dr. Nick Oberheiden immediately for a free and confidential analysis (866-Hire-Nick).
How Does the Sentencing Work in a New York Federal Case?
Following a loss at trial or a plea, sentencing in federal cases is subject to the Federal Sentencing Guidelines (FSG). The FSG are an attempt to create uniform standards across the country for sentencing in federal cases to ensure approximately similar penalties for similar or the same offenses regardless of the federal district handling the case. Unlike many state proceedings, sentencing in federal court is exclusively reserved to the presiding United States District judge, not the jury. All federal judges consider, but some federal judges nonetheless deviate from, the FSG when deciding the right and fair punishment in a case at hand. The FSG are point-based, that is the gravity of the offense, the defendant’s prior criminal history, and many other factors (such as the role of the defendant within a conspiracy) all impact and determine the sentence. Nick Oberheiden has repeatedly convinced federal judges to favorably deviate from the recommended punishment for his clients. For example, he obtained probation in a federal fraud case when the FSG suggested years of incarceration; he obtained probation in a federal computer case when the FSG suggested a lengthy imprisonment.
What Is the Southern District of New York?
The Southern District of New York (“SDNY”) is one of the most prominent of the 96 federal districts that exist throughout the United States. Headquartered in Manhattan, the SDNY has a reputation of excellence when it comes to investigating financial crimes such as securities fraud, bank fraud, investment fraud, tax fraud, mail fraud, wire fraud, money laundering, and health care fraud. Anyone involved in an investigation in New York should make wise decisions when it comes to picking the appropriate defense counsel in order to counterbalance the expertise and resources that prosecutors in the SDNY have.
Do I Need a 'Federal' Lawyer to Defend Me?
Just like you would not hire a real estate lawyer to secure custody over your children in a divorce action, you should not hire just any lawyer (but a distinguished federal lawyer) to handle your federal case. Practicing federal law is not a hobby. It is a very distinct area of law characterized by complex laws, powerful government agencies, and severe consequences in case of failed legal strategy. Being accused of health care fraud, money laundering, or tax fraud is not nearly the same as assault, theft, or DUI defense work. Your life may be on the line and, like so many others currently incarcerated, you will regret a bad lawyer choice for the rest of your life. When you speak to Nick Oberheiden or when you visit his profile, you will not see or hear him say that he handles DUI, rape, or battery cases, because he doesn’t. Nick is a federal defense lawyer who limits his practice to what matters most to you when you are accused of a federal offense: federal defense law.
How Much Federal Law Experience Should My Lawyer Have?
When it comes to federal criminal defense, there can never be enough experience, but there can certainly be too little. When you interview lawyers, see if the lawyer also advertises for traditional state offenses such as drunk driving, assault, or theft. If so, that means that the lawyer’s practice is likely open to any criminal case, including (but not exclusively) federal cases. Next, be blunt. Ask the lawyer how many (hundreds!) federal cases he or she has handled and with what outcomes—and how many of these cases are similar or identical to your situation. If you interview, for example, a lawyer that routinely defends federal robbery charges or federal drug defendants, that lawyer may not be familiar with the nuances of health care billing laws if you are accused of health care fraud or banking regulations if you are accused of bank fraud. You get the point. Ask your lawyer about what matters most to you. It’s your right and it’s your freedom. Call 866-Hire-Nick and ask Nick tough questions.
What Is Unique About Dr. Nick Oberheiden?
If there is one thing distinctively different about Nick Oberheiden compared to 99% of all lawyers, then it is the fact that Nick dedicates his entire practice to federal law, federal criminal defense work, and federal litigation. Nick has appeared before virtually all federal law enforcement agencies and departments including but not limited to the FBI, the DEA, the IRS, the Department of Justice, the Department of Defense, the Department of Health and Human Services, the Department of Transportation, the Department of Homeland Security, the State Department (and many more)—and built a track record that has made Nick a first-choice attorney whenever federal experience is required to save someone’s freedom. If there is perhaps one indication even stronger than a plethora of grateful and satisfied clients, it may the fact that actual law enforcement officers and current federal prosecutors, when they are under investigation themselves, have turned to one man: federal defense attorney Nick Oberheiden.
How Would It Work to Hire Nick or Switch Lawyers to Nick Oberheiden?
It’s very simple. Just email or call Nick directly and discuss your case for free. But be ready, you will not speak to a secretary, your call will go straight to Nick.
Call 866-Hire-Nick: Protect Your Freedom.
Every lawyer will tell you that he or she can help you with your federal case. Of course! Federal cases tend to be more attractive and lucrative than a state shoplifting case, for example. But be careful: your lawyers’ wants should not dictate your selection. True measurable experience is all that counts.
There is a reason why media stations across New York consult with Dr. Nick Oberheiden when it comes to federal litigation and federal constitutional law. Nick has demonstrated his skillset in federal cases over and over again. In fact, Nick is one of the very few lawyers that dedicate their practice to federal government investigations and litigation. Ask your lawyer tough questions before hiring: ask how much of that lawyer’s practice is dedicated to state v. federal cases; ask how many times that lawyer avoided criminal charges in federal cases; ask how many cases exactly like yours he or she has handled before to make sure you are not ending up being your lawyer’s experiment case. It’s your life. The right lawyer is yours to choose. Call Nick directly at 866-Hire-Nick or contact him online today.