San Antonio Federal Criminal Defense Lawyers
Reputable San Antonio Federal Criminal Defense Attorneys Protecting Your Freedom, Future, and Reputation
When citizens learn they are being investigated by the Department of Justice, Department of Defense, Federal Bureau of Investigation, Internal Revenue Service, Department of Health and Human Services, Drug Enforcement Agency, Office of Inspector General, or U.S. Attorneys’ Office in San Antonio, prompt action is necessary — to avoid or defend the charges.
San Antonio is the seventh largest city in the United States and home to some of Texas’ best-known landmarks and historic buildings. San Antonio is also known for its heavy and aggressive federal law enforcement policies.
If you are facing the prospect of taking on the Drug Enforcement Agency (DEA), Federal Bureau of Investigation (FBI), or another federal agency, you are likely to experience a range of emotions that include fear, anger, and uncertainty. While the federal government wields enormous law enforcement and litigation resources, an investigation or even a federal indictment will not necessarily result in a criminal conviction.
Get the Former Federal Prosecutors and DOJ Trial Attorneys of Oberheiden, P.C. on Your Team
When you are targeted by federal agents or a federal grand jury, the caliber of your defense will impact your reputation and future. At Oberheiden, P.C., our nationally renowned team of former government attorneys possess extensive experience that includes handling thousands of cases in front of grand juries and hundreds of trials. The prospect of an investigation led by elite law enforcement agents and criminal charges pursued by exceptionally skilled federal prosecutors is daunting. However, the situation will be even tougher because of the harsh charging policies of the DOJ, draconian sentences under the federal sentencing guidelines, and mandatory minimums that limit the benefit of plea agreements.
Exceptionally Challenging Criminal Cases Demand Exceptional Lawyers
Being a good English teacher does not necessarily mean that you are also a great math teacher. The same is true for the law. Being the best DUI attorney or the best family lawyer in San Antonio says very little about that lawyer’s experience in negotiating resolutions with the FBI or litigating complex federal fraud and federal conspiracy cases against United States prosecutors.
When facing the prospect of civil or criminal liability in federal court, attorneys with intimate knowledge of federal law enforcement investigations, litigation strategies of federal prosecutors, and federal procedures and sentencing guidelines help tip the scale of justice in an accused’s favor. Rather than guess about the tactics or approach of law enforcement and prosecutors, our law firm has the benefit of insider knowledge because our criminal defense lawyers have pursued many prosecutions during their time with the DOJ. Some of the reasons clients facing serious federal charges give for retaining our law firm include:
- Multiple attorneys with distinguished prior careers at the DOJ
- Successfully defended clients facing federal investigation or criminal charges in 25 states
- Tried over 500 trials and supervised many others
- Obtained dismissal of federal indictments (that’s extremely rare)
- Attorneys frequently appear on radio and television broadcasts as experts in federal criminal trials, federal civil or criminal procedure, and evidentiary issues
- Written widely published books and articles regarding federal court and litigation issues
- Representation in more than 1000 federal cases
- Convinced federal judges to deviate from federal sentencing guidelines and even grant probation
Our Texas federal criminal defense lawyers marshal decades of experience as former federal prosecutors and successful defense attorneys in federal criminal cases. Our goal is to obtain the best outcome for our clients.
Changes in Federal Charging and Sentencing Policies Increase the Importance of Experienced Federal Criminal Defense Lawyers in San Antonio
Because of the special challenges of defending federal criminal cases, many law firms focus on state criminal proceedings. By contrast, Oberheiden, P.C. has built its practice on providing tenacious defense in federal civil and criminal cases brought by the Attorneys’ General Office, Drug Enforcement Agency, Internal Revenue Service, Department of Health and Human Services, Department of Justice, Office of Inspector General, and other federal agencies.
A shift in policy under President Trump from a more lenient approach of the U.S. Department of Justice under the Obama administration has made the threat of federal charges even more ominous. Attorney General Jeff Sessions implemented a new policy in mid-2017 that makes harsh federal sentencing even more oppressive.
The prior administration through then Attorney General Eric Holder adopted a policy that made the process of navigating federal criminal court less treacherous. The policy adopted under Attorney General Holder was to encourage federal prosecutors to exercise discretion in pursuing charges and sentences.
Increased Scrutiny on Prescription Drug Fraud and Other Narcotics Crimes
While our federal crimes attorneys have the skill and expertise to handle the full range of felony charges in federal court along with federal investigation and grand jury proceedings, we have special resources in handling fraud charges against doctors, pharmacists, and other health care professionals and businesses.
Whether you are taking on the DOJ, pursuing a whistleblower qui tam action under the False Claims Act (FCA), or defending against allegations that you violated the Anti-Kickback Statute (AKS), Health Care Fraud Statute, Physician Self-Referral Law, Exclusion Authorities, or the Civil Monetary Penalties Law, our law firm brings extraordinary skill and expertise in defending health care professionals. Our law firm represents health care providers and entrepreneurs under investigation and facing civil and criminal charges brought by federal agencies that include the following:
- Drug Enforcement Agency (DEA)
- Internal Revenue Service-Criminal Investigations (IRS-CI)
- Health and Human Services-Office of Inspector General (HHH-OIG)
- Federal Bureau of Investigation (FBI)
- Defense Criminal Investigative Service (DCIS)
- Office of Personnel Management-Office of Inspector General (OPM-OIG)
- Food and Drug Administration (FDA)
- Department of Justice (DOJ)
Our Texas federal criminal defense lawyers have handled more than a thousand federal health care fraud cases. We also have kept all our clients that were health care professionals and medical providers under federal investigations from federal indictments and convictions. When individuals face allegations related to fraud schemes, drug offenses, conspiracy charges, financial crimes, and other federal investigations, they seek out our law firm because we devote a substantial portion of our time and resources to defending such offenses. The attorneys of Oberheiden, P.C. use all our expertise, insider knowledge, and experience to protect clients facing civil or criminal liability for schemes to defraud Medicaid, Medicare, Tricare, and private insurers.
Clients in San Antonio Benefit from Unparalleled Insights from Our Former Federal Prosecutors
Our San Antonio federal criminal defense lawyers take full advantage of our understanding of law enforcement investigations and federal prosecutor litigation tactics acquired during our time as high-level officials and prosecutors for the federal government.
Additionally, Oberheiden, P.C. employs a number of attorneys with remarkable backgrounds and unique experience in handling complicated federal litigation cases.
- Nick Oberheiden is trained in negotiations at Harvard and has both a JD and a doctorate in law. Nick is licensed in the Eastern District of Texas, Northern District of Texas, Southern District of Texas, and Western District of Texas, as well as in many other courts nationwide. He routinely negotiates solutions to criminal investigations that avoid criminal charges or achieve favorable results for clients relating to federal health care fraud, financial crimes, and investigations into computer fraud.
The experience our San Antonio federal criminal defense lawyers possess in litigating complex cases in federal court provides distinct advantages in federal investigations, grand jury matters, and federal civil and criminal proceedings.
Bexar County Federal Cases Our Criminal Defense Team Handles
Although our law firm handles a broad array of federal charges across the U.S., some of the civil and criminal sanctions we fight include:
Charges of IRS Violations: If you are charged with evasion of taxes or refusing to pay tax obligations owed to the IRS, the penalties are severe. Conviction of such an offense results in exposure of up to five years imprisonment and a fine up to $100,000. The defendant also will be ordered to pay back the cost of the prosecution. These punishments are merely the tip of the iceberg because those facing such allegations also might be charged with forgery, false claims against the government, and giving a false statement to a government official. Our defense attorney might defend against allegations of tax fraud or tax evasion based on a lack of the requisite intent to commit the crime.
Federal Drug Crimes: Defense of drug crimes in federal court is difficult for a range of reasons. Federal law enforcement authorities like the DEA or FBI tend to only get involved in major drug offenses like a drug conspiracy. Drug conspiracy law provides a powerful law enforcement tool. Even if drugs or paraphernalia are suppressed, the government will often get multiple defendants involved in the conspiracy to testify against their co-conspirators. We often represent health care professionals charged with criminal conspiracies, and we understand the high stakes when a doctor or other health care professional or entity is charged with involvement in a drug conspiracy. Federal drug cases pose special challenges because of harsh penalties under the federal sentencing guidelines and mandatory minimum sentences.
Corruption and Bribery: An accused could be charged under the federal bribery statute for offering, giving, or promising something of value to an official or appointee of the federal government to exert improper influence. Our lawyers might challenge such a charge by disputing whether the target qualifies as a “public official” under the statute.
Operation of a “Pill Mill”: Federal, state, and local authorities have recently focused on the economic and human costs associated with the opioid overdose crisis. This approach has prompted close scrutiny of physicians, drug treatment centers, pharmacies, and other entities allegedly involved in schemes to defraud government health insurance programs by prescribing pain medication when not medically justified.
Money Laundering: This offense involves attempting to funnel the proceeds of unlawful activity in such a way to make it seem the funds were acquired legitimately. This charge could be defended with evidence the accused was unaware the funds came from an illegal source.
Wire and Mail Fraud: These federal crimes involve using misrepresentations or lies transmitted through electronic communication (phone, Internet, television, radio) or mail to commit fraud. If a false statement is made without the intent to defraud a victim, the offense does not qualify as mail fraud or wire fraud. Other federal offenses our law firm handles include but are not limited to the following:
- Bank Fraud
- Health Care Fraud
- Real Estate Fraud
- Weapons Charges
- White Collar Crimes
- Securities & Commodities Fraud
- Possession with Intent to Distribute
- Mortgage Fraud
- Child Pornography
- Sex Trafficking
- Identity Theft
- Human Trafficking
- RICO Violations
- Federal Hate Crimes
- Credit Card Fraud
- Bank Robbery
- Computer Crimes
- Obstruction of Justice
These Are the Questions We Receive from Federal Criminal Clients in San Antonio
Whether you are the subject of a federal investigation or you have been indicted by a federal grand jury, we recognize you have serious concerns. The best way to learn about your legal rights and potential defense strategies is to speak with an experienced federal criminal defense attorney. However, we have provided information responsive to several common inquires:
What is an indictment?
This term refers to the formal charging document that enumerates the crimes with which you have been charged. The grand jury will consider the indictment to determine if sufficient evidence exists to sustain the charge during the grand jury proceeding. The jury must vote unanimously to “return” the indictment for you to face criminal charges. Since the grand jury is made up of at least 16 grand jurors who must unanimously agree, a judge’s dismissal of a grand jury indictment is extremely rare. However, our law firm is among those who have accomplished this unusual result.
How do the federal sentencing guidelines impact my case?
The federal sentencing guidelines contain criteria that limit a judge’s discretion when imposing punishment in a federal court. These guidelines include harsh maximum sentences and mandatory minimums. A premium is placed on effective criminal defense in federal court because of the harsh impact of the federal sentencing guidelines.
What should I know if I am charged with a narcotics conspiracy?
Federal prosecutors consider a conspiracy charge to be a powerful tool. The offense is easy to prove and can ensnare many co-conspirators even if they only have a minor role in a drug trafficking scheme. All the federal prosecutor needs to prove is an agreement between the alleged co-conspirators and an act in furtherance of the agreement.
How do federal and state criminal cases differ?
Whether you fall under suspicion of an investigation by a federal agency or have been the target of a federal indictment, you need especially strong defense in federal court. Federal offenses are investigated by federal agencies with well-trained agents and extensive law enforcement tools. The penalties imposed in federal courts also tend to be far more severe. Judges in federal court have less discretion in sentencing than their state court peers. Regardless of the charge, defendants accused of a federal offense need attorneys who regularly appear in federal court rather than lawyers who have handled a few federal matters.
What if you are contacted by a federal agent who would like to meet with you?
While you should be polite and respectful, any conversation with a law enforcement officer can be a risk. The best practice is to speak with an experienced San Antonio federal criminal defense attorney before answering any questions or providing any information. While you might attempt to determine the reason for the meeting, you should not volunteer any substantive information. The agent might just be trying to confirm someone worked for you during a certain period. However, you should have your Bexar County federal criminal defense attorney represent you whether you are a potential witness or target.
Speak with a Former U.S. Prosecutor Today in Confidence! Contact Decisive San Antonio Federal Criminal Defense Attorneys
Serious federal crimes merit the serious experience of former federal prosecutors, our law firm offers a free consultation, so we can examine your prospects and defend your rights. Call Oberheiden, P.C. at (888) 519-4897 or request a free case evaluation online now to discuss your options.