Dr. Nick Oberheiden, Federal Criminal Defense Expert
Knowledgeable and Skilled Federal Criminal Defense Attorney
Dr. Nick Oberheiden is a highly-experienced federal criminal defense attorney who focuses his practice on matters involving health care fraud and other white-collar offenses. He is licensed to practice in federal courts across the country, and has been a frequent expert guest on television and radio shows.
A federal criminal defense attorney with years of experience in complex and high-profile health care fraud matters, Dr. Nick Oberheiden has provided comments for multiple media outlets. Having represented clients in major health care fraud investigations and civil and criminal prosecutions across the country, Dr. Oberheiden is a relentless and zealous advocate for his clients.
Dr. Oberheiden’s expertise extends to all matters in the federal criminal arena. He strongly exercises his negotiation skills during the investigative and pre-trial processes, and has a significant track record in federal law health care matters.
Founder of Oberheiden & McMurrey, LLP (formerly Oberheiden Law Group, PLLC)
Dr. Oberheiden is the Founder and Managing Partner of Oberheiden & McMurrey, LLP. Formerly known as Oberheiden Law Group, PLLC, Oberheiden & McMurrey, LLP is a national federal defense law firm with 11 offices across the country. At Oberheiden & McMurrey, LLP, Dr. Oberheiden leads a team of former federal prosecutors and experienced defense attorneys who handle a broad range of federal cases, with a particular emphasis on civil and criminal health care fraud matters.
Areas of Expertise
Dr. Oberheiden is available to serve as an expert guest or commentator on all matters pertaining to federal criminal defense and health care fraud. His practice areas include:
- Federal Civil and Criminal Investigations
- Federal Trials and Appeals (Civil and Criminal)
- Health Care Fraud Audits
- Medicare, Medicaid, Tricare, and Department of Labor (DOL) Fraud
- Negotiations with Federal Prosecutors
- White Collar Criminal Defense (including Bank Fraud, Conspiracy, Insurance Fraud, Mail Fraud, Mortgage Fraud, Money Laundering, RICO Violations, Securities Fraud, Tax Fraud, and Wire Fraud)
Media Coverage and Expert Commentary
Dr. Oberheiden has had several of his cases featured in the media, and he has provided expert commentary on television and radio programs aired in all 50 states. This includes programs such as:
- America Tonight
- Fox News (television)
- Fox News National Radio
- Genesis Communication Network
- The Jeff Crilley Show
- The Jim Bohannon Show
- The Lars Larson Show
- The Rusty Humphries Show
- Washington Watch
Federal Bar Admissions
Dr. Oberheiden is admitted to practice in more than 25 federal trial and appellate courts across the country. He also routinely represents individuals and corporate clients in other federal jurisdictions on a pro hac vice basis. Dr. Oberheiden’s federal district court bar admissions include:
- Eastern District of Arkansas
- Western District of Arkansas
- District of Colorado
- Northern District of Illinois
- Central District of Illinois
- Northern District of Indiana
- District of Maryland
- Eastern District of Michigan
- Eastern District of Missouri
- Western District of Missouri
- District of Nebraska
- District of New Mexico
- Southern District of New York
- Eastern District of New York
- District of North Dakota
- Western District of Oklahoma
- Western District of Tennessee
- Northern District of Texas
- Eastern District of Texas
- Western District of Texas
- Southern District of Texas
- Eastern District of Wisconsin
Dr. Oberheiden is also licensed to practice in the following federal appellate jurisdictions:
- United States Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont)
- United States Court of Appeals for the Fifth Circuit (Louisiana, Texas, and Mississippi)
- United States Court of Appeals for the Sixth Circuit (Kentucky, Michigan, Ohio, and Tennessee)
- United States Court of Appeals for the Ninth Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and Northern Mariana Islands)
- United States Court of Appeals for the Eleventh Circuit (Alabama, Florida, and Georgia)
Federal Investigative, Law Enforcement, and Health Care Agencies
Dr. Oberheiden has successfully represented clients in investigations and prosecutions involving all major federal investigative, law enforcement, and health care agencies. He has particular experience defending clients in cases involving:
- Centers for Medicare and Medicaid Services (CMS)
- Department of Defense (DOD)
- Department of Health and Human Services (DHHS) Office of Inspector General (OIG)
- Department of Justice (DOJ)
- Department of Labor (DOL)
- Drug Enforcement Administration (DEA)
- Federal Bureau of Investigation (FBI)
- Medicare Fraud Strike Force
- U.S. Attorney’s Office
Sample Case Results
In complex federal cases, intervening in the government’s investigation and fighting to prevent charges from being filed is the best way to defend clients who are potentially facing millions of dollars in financial liability and years, if not decades, of federal incarceration. Dr. Nick Oberheiden has substantial experience in defending clients during the investigative process, and he has been successful in protecting clients from criminal indictments in the overwhelming majority of all cases he has handled. In investigations under the False Claims Act (which is an extraordinarily-broad statute and one of the federal government’s most-potent tools for prosecuting health care fraud), to date not a single one of Dr. Oberheiden’s clients has faced civil or criminal liability.
Some recent examples of Dr. Oberheiden’s case results include:
- No civil or criminal liability for a corporate client facing potential civil and criminal penalties in a Medicare fraud investigation conducted by the U.S. Attorney’s Office and the FBI.
- No civil or criminal liability for a client facing federal incarceration for Medicare fraud in an investigation conducted by the DOJ and the FBI.
- No civil or criminal liability for a client facing potential civil and criminal penalties in a health care fraud investigation conducted by the DOJ and the OIG.
- No civil or criminal liability for a client in a case where Dr. Oberheiden was able to demonstrate to the U.S. Attorney’s Office that his client was protected by a little-known Medicare law exception.
- No civil or criminal liability for a client facing multiple penalties for alleged health care law violations in an investigation conducted by the FBI in connection with the OIG.
- No civil or criminal liability for a client being targeted by the OIG for multiple alleged Medicare-related offenses.
- No civil or criminal liability for a health care provider or any of its executives or employees following a joint investigation by the FBI and OIG targeting alleged violations of numerous federal health care laws.
- No civil or criminal liability for a corporate client or any of its principals or directors in a large-scale criminal health care fraud investigation involving several federal law enforcement agencies.
- No civil or criminal liability for a client facing multiple allegations of federal health care crimes in an investigation involving the U.S. Attorney’s Office and other law enforcement agencies. Dr. Oberheiden’s representation resulted in termination of the investigation without charges.
- No civil or criminal liability for a health care provider facing allegations of Medicare fraud in a multi-agency investigation. As with many of the other cases listed above, Dr. Oberheiden was able to terminate his client’s investigation prior to charges being filed.
Educational Background and Publications
Dr. Oberheiden holds three advanced degrees and also has formal training in negotiation and mediation tactics from Harvard University. He has authored books and articles. His Ph.D. thesis, an empirical analysis of the workings of the U.S., Brazilian, and German Supreme Courts, has been referenced by U.S. Supreme Court Justice Stephen G. Breyer and the Chief Justice of Brazil, among others. Dr. Oberheiden’s formal legal education includes:
- Juris Doctor (J.D.) from University of California, Los Angeles (UCLA)
- J.D. from Hamburg Law School in Germany
- PhD in Law from the University of Heidelberg, School of Law
- Negotiation and Mediation Training, Harvard University
In addition to his academic publications, Dr. Oberheiden has taught courses in U.S. Constitutional law and civil and criminal federal procedure in the United States, South America, Europe, and Africa. He also continues to routinely publish articles on Oberheiden & McMurrey, LLP’s blog.
Message from Dr. Nick Oberheiden
In federal health care fraud investigations, the penalties can be substantial. Even providers who do their best but end up making honest mistakes can face significant financial penalties. They can also face health care benefit program exclusion, which is effectively a death sentence for many types of health care providers. If prosecutors believe that they have sufficient evidence of intent to defraud Medicare, Medicaid, or another health care benefit program, they can seek criminal penalties under the False Claims Act, Anti-Kickback Statute, and various other federal criminal statutes.
It is for these reasons that I practice in the area of federal criminal defense with an emphasis on representing health care providers and their owners, executives, directors, and personnel. I firmly believe that everyone deserves a fair trial – this is, after all, a fundamental right under the U.S. Constitution – and I know how difficult it can be for someone who lacks in-depth knowledge of the federal system to protect their legal rights. When technical deficiencies have the potential to lead to crippling fines and long-term imprisonment, and when patient-focused health care providers can face charges ranging from money laundering to criminal conspiracy – all for a single alleged act of billing fraud – having access to experienced and highly-knowledgeable legal counsel is of the utmost importance.
In addition to representing clients directly, I also believe strongly in educating health care providers – and the public in general – about the legal issues that are contributing to unnecessary costs in our nation’s health care industry. Medicare and Medicaid fraud are multi-billion-dollar businesses, but federal investigations that require financial resources and take providers’ attention away from treating their patients have very real costs as well. I do this through writing books and articles, and also through providing commentary as a federal criminal defense and health care fraud expert for media outlets nationwide.
When I founded Oberheiden & McMurrey, LLP (formerly Oberheiden Law Group, PLLC) in 2010, my goal was to build a national powerhouse in the area of federal health care fraud defense. Over the past several years the firm has grown in size to 15 attorneys, many of whom are former prosecutors with the U.S. Attorney’s Office and Department of Justice. As a result, our firm offers decades of experience on the other side of federal criminal investigations and prosecutions not only in the area of health care fraud, but in securities fraud, antitrust, violent felonies, and other areas as well. With a team approach that brings the full weight of our attorneys’ collective experience in every matter we handle, I, along with the other attorneys at Oberheiden & McMurrey, LLP, am proud to be a part of a notably effective federal criminal defense law firm.
For Press Inquiries, Please Contact Oberheiden & McMurrey, LLP
If you are interested in having Dr. Nick Oberheiden appear on your television or radio program as a federal criminal defense or health care fraud expert, please inquire with Oberheiden & McMurrey, LLP. Dr. Oberheiden is available to appear remotely from our offices, locally where he is representing clients, and to travel on an as-available basis. You can reach our firm’s national headquarters and Dr. Oberheiden’s main office at (888) 452-2503; or, submit a press inquiry online and we will respond as soon as possible.