San Jose Federal Criminal Defense Lawyers
Your experienced San Jose Criminal Defense Lawyers for matters related to FBI, OIG, IRS, and DEA investigations, charges and arrests.
Our attorneys have decades of experience on both sides of federal criminal matters. If you are under investigation or facing charges, we can protect your business, your freedom, and your future. Call (888) 519-4897 now for a free case assessment.
If you are facing a federal investigation or federal charges in San Jose, you need experienced legal representation. There is simply no other way to put it. The government has a team of special agents and prosecutors with unlimited resources working hard to convict you; to stand a fighting chance, you need to put experience on your side.
At Oberheiden, P.C., we turn the tables in our clients’ favor. With a team of defense attorneys that includes several highly experienced former prosecutors with the U.S. Department of Justice (DOJ), we know what it takes to keep our clients out of prison. Not only that, but we also know what it takes to resolve our clients’ cases without criminal prosecution. In fact, when our clients have gotten us involved prior to indictment, we have helped our clients avoid charges in the vast majority of cases, To date, not a single client has been forced to close its business due to an investigation in which we have been involved.
We think that pretty much says it all. When you are at risk for insurmountable fines and long-term federal imprisonment, what else could you ask for other than getting back to business as usual? While no law firm can every guarantee the outcome of any individual case, we believe our track record speaks for itself.
About Oberheiden, P.C. | Federal Criminal Defense Lawyers Serving San Jose, CA
Founded by federal attorney Nick Oberheiden PhD, Oberheiden, P.C., is a defense law firm with a national presence that focuses on representing clients in high-stakes federal matters. We have office locations across the country, including multiple offices in California, and we have extensive experience representing individual and corporate clients in investigations, pretrial and trial matters, and federal appeals. With particular emphasis on representing health care providers and other entities in the health care industry, we also represent politicians, corporate executives, and other high-profile individuals in federal criminal cases. We approach every case with the same simple goal: to protect our client as fully, quickly, and discreetly as possible.
What can you expect when you choose Oberheiden, P.C., for your federal criminal case in San Jose, CA?
- Strategic Representation Backed by Federal Experience – We approach every case with a strategic approach that is specially tailored to the unique facts and circumstances involved. We develop our strategies based upon our prior experience on both sides of high-stakes and high-profile federal criminal cases.
- A Focus on Pre–Indictment Resolution – If you are in the government’s crosshairs, the best possible outcome is to resolve your case prior to indictment. For this reason, we aggressively represent our clients during the investigative process and we never assume that our clients will be indicted on criminal charges.
- A Team Approach that Maximizes the Strength of Your Defense – With our team approach, you have decades of federal criminal experience on your side. All members of our federal defense team are highly experienced federal attorneys who know what it takes to overcome allegations of criminal conduct in federal cases.
- Skilled and Aggressive Challenges to the Government’s Tactics – From investigation through prosecution at trial, we evaluate every potential opportunity to challenge the government’s tactics. If a flaw in the investigative or prosecutorial process provides you with a defense, we will exploit the government’s mistake to your advantage.
- Unwavering Commitment to Your Best Interests – Regardless of the circumstances at hand, we will fight unrelentingly to protect your best interests. If possible, we will resolve your case prior to indictment. If charges are inevitable, we will do whatever is necessary to protect you from a guilty verdict at trial.
Federal Defense Attorneys for FBI, OIG, IRS, and DEA Matters in San Jose, CA
Our federal defense practice includes representing clients in health care and other white-collar criminal matters. We represent physicians, pharmacists, group practices, executives, and other individuals and entities in San Jose and nationwide. Contact us today for a free and confidential assessment of your federal case involving allegations of:
- Bank Fraud, Insurance Fraud, or Securities Fraud
- Conspiracy or Attempt
- Federal Drug Charges (including Prescription Drug Charges)
- Health Care Fraud (including Medicare, Medicaid, or Tricare Fraud)
- Internet and Computer Crimes
- Mail Fraud or Wire Fraud
- Money Laundering
- Public Corruption and Bribery
- Tax Evasion or Other Federal Tax Violations
- Theft, Counterfeiting, or Embezzlement
- Other White-Collar Crimes
Understanding Your Federal Criminal Case Involving the FBI, OIG, IRS, or DEA
Federal Bureau of Investigation (FBI) Matters
The Federal Bureau of Investigation (FBI) investigates a broad range of federal crimes, ranging from criminal conspiracies and organized crime to identity theft and health care fraud. We routinely represent clients in FBI matters, and we have extensive experience fending off criminal charges during FBI investigations.
Office of Inspector General (OIG) Health Care Fraud Investigations
The Office of Inspector General (OIG) is the law enforcement division of the U.S. Department of Health and Human Services (DHHS). It investigates and prosecutes health care providers suspected of engaging in illegal practices, including offering and accepting “kickbacks” and submitting “false and fraudulent” claims for Medicare or Medicaid reimbursement.
Internal Revenue Service (IRS) Criminal Enforcement Proceedings
The Internal Revenue Service (IRS) does much more than collect taxes every April. Its criminal enforcement division aggressively targets individuals and organizations suspected of tax evasion and other tax crimes, and it often works with other agencies in large-scale takedowns and other law enforcement initiatives.
Drug Enforcement Administration (DEA) Prosecutions
The Drug Enforcement Administration (DEA) is tasked with enforcing the criminal provisions of the Controlled Substances Act against individuals and organizations. In the health care context, DEA investigations and prosecutions typically focus on physicians’ and pharmacists’ prescription drug practices – with particular emphasis on alleged prescription drug diversion.
Frequently-Asked Questions (FAQs): Fighting Federal Criminal Charges in San Jose, CA
Q: I just discovered that I am being targeted in a federal investigation. What now?
If your business or practice is being targeted by federal authorities in San Jose, right now, you need to focus the entirety of your efforts on your defense. Oftentimes, responding quickly and intervening in the investigation to reveal the flaws underlying the government’s decision to look into your business or practice is the best way to secure a fast and discrete resolution.
Intervening in a federal investigation requires significant knowledge and deep insights into the federal investigative process, and this requires experienced legal representation. At Oberheiden, P.C., we resolve most of our clients’ cases during the investigative process, and we have substantial experience intervening in FBI, OIG, IRS, and DEA investigations.
Q: How can I find out what charges the federal government is investigating?
Figuring out why you are under investigation is the first step toward mounting a successful defense. As part of the intervention process, we seek to quickly gather as much information about the government’s investigation as possible so that we can determine not only (i) what the allegations are, but also (ii) where they originated. Both of these are equally important. Defense strategies vary for different types of federal charges, and defending against allegations filed by a “whistleblower” is very different from challenging faulty determinations in a Medicaid or IRS audit.
Q: Am I at risk for prison time if I am under investigation by the FBI, OIG, IRS, or DEA?
Potentially, yes. If your case is criminal in nature (determining whether the government’s investigation is civil or criminal is another crucial early step in the federal defense process), then the primary penalties you are facing are fines and incarceration. Each federal statute specifies its own penalties, but most federal white-collar crimes carry anywhere from several years to several decades of imprisonment.
Q: Is it a defense if I did not intend to commit a federal crime?
Possibly. Intent is a key element of many federal criminal offenses. If federal prosecutors cannot prove that you intended to commit a crime (or, stated differently, if you can raise sufficient doubt about your mental state at the time the alleged crime was committed), this may provide a complete defense to criminal culpability.
However, before you focus solely on lack of intent as a defense strategy, it is important to keep a few other factors in mind. Most notably, even if you lacked the mental state (or “mens rea“) necessary to commit a criminal offense, you could still be at risk for civil penalties. As a result, you must be very careful to avoid admitting any element of the alleged offense. And the best way to avoid this type of mistake is to let your defense counsel communicate with the authorities on your behalf.
Contact Us to Discuss Your Case
Whether you simply have questions or you need our defense team to act immediately to intervene in the government’s investigation, we encourage you to contact us for a free and confidential case assessment. To discuss your FBI, OIG, IRS, or DEA case in San Jose, call (888) 519-4897 or request an appointment online now.