Queens Federal Criminal Defense
Queens White Collar Defense: No Criminal Charges in over 90% of Federal Investigations
Imagine you need hip replacement. What do you do? You look for a specialist. You ask around, look around, and then request a consultation. What are your selection criteria? Most probably experience and performance—mixed with your personal impression of the doctor and your level of trust gained in the consultation.
Selecting an attorney is not much different. Queens, New York is far from short of attorneys (and doctors). However, since you don’t hire a dentist to do your hip surgery, so why would you hire just any lawyer to handle the most important legal case in your life? Your selection of a Queens white collar defense attorney comes down to three simple questions:
- How Much of Your Practice Is Dedicated to White-Collar Cases?
- What Were the Outcomes in Your Last 100 White-Collar Cases?
- Will You Use Junior Lawyers or Paralegals or Are YOU Representing Me?
The answers should be compelling and persuasive. Federal law is not a hobby. Before you hire an attorney and invest into your freedom and your future, you must have clarity that the lawyer you trust is truly the lawyer that you should trust.
Proven Results in Hundreds of Federal Criminal Cases: 214-692-2171
Hiring New York attorney Dr. Nick Oberheiden to defend your business against government investigations is not an experiment. Nick’s track record can easily be summarized as follows.
- 100% of Nick’s Practice Is Dedicated to White-Collar Cases.
- Approximately 92% of Nick’s Last 100 White-Collar Cases Resulted in No Civil and No Criminal Liability for His Clients.
- Nick Will Never Waste Your Time and Money with Junior Lawyers or Paralegals.
Nick has served as lead counsel in hundreds of white-collar and federal cases across the United States, including New York. Nick has obtained “NO CRIMINAL CHARGES” outcomes in front of all major federal agencies including the Department of Justice, the FBI, the IRS, the DEA, the U.S. Secret Service, the Office of Inspector General, the Department of Health and Human Services, the Department of Defense, the Department of Transportation, and the Department of Homeland Security. Here are some recent case results:
- United States v. Client:
- United States v. Client: Dismissed.
- DEA Search Warrant: No Charges.
- DEA Opioid Investigation (Physician): No Charges.
- DEA Overdose Investigation (Physician): No Charges.
- FBI & OIG Health Care Fraud Case: No Charges.
- Grand Jury Subpoena: No Charges.
- Grand Jury Subpoena: No Charges.
- Target Letter: No Charges.
- FBI Serious Computer Crime Case: Probation.
Nick represents business owners and professionals in white-collar investigations and federal prosecutions across Queens and throughout New York. Nick has successfully represented health care business owners, CEOs, physicians, lawyers, and even prosecutors. Think about it: If federal prosecutors (and Special Agents, Police Officers etc.) choose Nick to handle their personal legal matters, it shows two things: (1) nobody (not even current federal officers) is free of mistakes. (2) Nick’s reputation must be such that his skillset is appreciated even among his opponents.
Your call means something to Nick. Every day of the week, including on weekends, Nick personally is standing by to answer your questions. No secretaries, no junior lawyers. Call 214-692-2171 to begin your defense.
What Are Early Signs of a Government Investigation?
Everyone makes mistakes. The point is to not have a mistake ruin your life. In the context of government investigations and white-collar criminal cases this means to make sure that an oversight on your part does not result in felony charges, arrests, and prosecution.
That can be done. Not always, but surprisingly often. The key to avoiding criminal charges is for your lawyer to have the skillset to know when to intervene in a case.
All government investigations occur in three stages. Stage I involves a complaint that is credible and possible enough to open an investigation. For example, many health care fraud investigations begin with a patient complaint, or complaint by a former (now disgruntled) employee. Stage II involves the actual investigation, witness interviews, and government subpoenas. This stage concludes with the agents investigating the case making a presentation to the prosecutor to determine whether or not to move forward with criminal prosecution and an indictment. Stage III is the level for criminal charges, arrests, please deals, or trials.
Depending on the complexity of the investigation, each stage can take several months and all stages combined can easily take several years. If you share the desire of all people and do not want to be charged and publicly humiliated as part of Stage III, you must have your attorney resolve the matter either during the first or the second stage. Unfortunately, most people have the habit of denying the fact that they are under investigation and consequently wait while there is a window of opportunity to shut down the investigation.
By far, the most promising approach is to have an experienced attorney deal with the problem at the earliest moment. From the moment you recognize a potential problem, you should act and get a lawyer involved. For example, if an employee leaves on bad terms and wants to report your company or bring litigation charges, you must understand that even while you consider the employee‘s allegations absurd, there will always be an attorney somewhere that thinks the employee has a good case with the potential to escalate a simple dispute into a massive investigation. Approximately six out of 10 white-collar investigations originate from somebody with “insight” or “first hand” knowledge making public allegations or filing a complaint. In fact, quite a few unsuspicious civil lawsuits carry the potential to attract law-enforcement due to bombastic and embellished claims. Be assured, federal agents closely monitor and follow civil filings in an effort to find their next case.
What that means for your business is to never underestimate the remote sign of a complaint, a civil dispute, an audit, or rumors of agents asking questions to business affiliates, current or former staff members, or other people in your business environment.
Further, to maximize the chances to suppress an escalation, the truth needs to be conveyed as early as possible or the case may otherwise take a course of its own. The best way to introduce factual clarifications and explanations is to engage an attorney that knows when and how to appear in a defense case.
The decision to contact government investigators is a delicate one and should not be left to amateurs. It requires deep and profound understanding of how to interpret and read the events occurring in your case and balancing the risk of opening Pandora’s box versus a timely appropriate, necessary, and determined case intervention.
Federal Protection When You Need It: 214-692-2171
Queens federal crime attorney Nick Oberheiden has substantial experience representing clients in all stages of an investigation or criminal case regarding the following white collar allegations:
- Health Care Fraud (18 U.S.C. 1347)
- Bribery (18 U.S.C. 201)
- Tax Fraud
- Mail Fraud (18 U.S.C. 1341)
- Wire Fraud 18 U.S.C. 1343)
- Computer Fraud (18 U.S.C. 1030)
- Tax Fraud (26 U.S.C. 7206)
- Bank Fraud (18 U.S.C. 1344)
- Counterfeiting (18 U.S.C. 2320)
- Money Laundering (18 U.S.C. 1956)
- Mortgage Fraud
- Insurance Fraud
- Investment Fraud
- Securities Fraud (15 U.S.C. 78j, 78jj; 18 U.S.C. 1348)
- Insider Trading
- Obstruction of Justice (18 U.S.C. 1512)
- Perjury/ False Statement (18 U.S.C. 1001)
- Intellectual Property Crimes
Why Does the U.S. Attorney’s Office in EDNY Charge a “Federal Conspiracy” in Criminal Cases?
Prosecutors in the Eastern District of New York, which covers Queens, charge many cases as a federal conspiracy to unify multiple defendants into one single case. For example, in a federal health care fraud conspiracy involving kickbacks, the government may charge a doctor, a marketer, and a toxicology lab owner: the physician for accepting kickbacks from the marketer, the marketer for offering kickbacks, and the business owner for getting (unlawful) business from the marketer. Common 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)