Austin White Collar Crime Attorneys
Our firm represents clients facing investigations, indictments, and charges for federal white-collar crimes in Austin. Call us 24/7 for a free consultation.
Most federal white-collar crimes carry serious penalties, including substantial fines and long-term imprisonment. If you are facing an investigation or indictment, or if you have criminal charges pending in federal district court, your defense needs to be your top priority. Our firm represents Austin, Texas business owners, executives, healthcare providers, and other professionals in all federal white-collar criminal matters. Our attorneys can protect you, but it is important that you contact us right away.
An Austin White-Collar Defense Firm Comprised of Senior Attorneys and Former Federal Agents
White Collar Criminal Defense
Team Lead
Unlike other white-collar defense firms that employ legions of junior associates, all of the defense attorneys at Oberheiden P.C. are senior attorneys with federal experience. Many of our attorneys are former federal prosecutors with the U.S. Department of Justice (DOJ) and the U.S. Attorney’s Office. We also have a nationwide network of investigators and trial consultants comprised of retired high-ranking agents with the DOJ, Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Internal Revenue Service Criminal Investigations (IRS-CI), and other federal agencies. Combined, our former federal prosecutors and former federal agents have notable experience on both sides of high-stakes white-collar criminal cases.
If you are facing the prospect of DOJ prosecution and the potential for life-changing penalties, this is the kind of experience you need on your side. We can start working on your case immediately, and our senior attorneys can meet with you in person to discuss your defense strategy in confidence.
We Defend Clients Facing All Types of White-Collar Criminal Allegations
Our federal defense attorneys handle white-collar criminal investigations involving the DEA, DOJ, FBI, IRS-CI, U.S. Department of Health and Human Services Office of Inspector General (DHHS OIG), U.S. Securities and Exchange Commission (SEC), and other agencies. We also have extensive experience in federal grand jury proceedings, trials, and appeals. Our federal white-collar defense attorneys represent clients in Austin and nationwide facing allegations of:
Antitrust Violations
Antitrust investigations targeting company executives and other insiders can lead to a broad range of allegations. While many antitrust investigations are civil in nature, criminal charges are possible in cases involving alleged price-fixing schemes and other intentional anticompetitive practices. Under the Sherman Act, companies and individuals can both face charges, and our attorneys have proven records of success defending business entities, their owners, and executives in federal investigations and judicial proceedings.
Computer Fraud
Under the federal computer fraud statute, potential penalties include fines and anywhere from one to 20 years of federal imprisonment. Federal prosecutors can pursue charges under the statute for a broad range of offenses, including computer-specific crimes such as malicious data breaches, as well as financial fraud, intellectual property theft, and other crimes committed with the use of computers.
Conspiracy
The federal conspiracy statute similarly allows prosecutors to pursue charges in a broad range of cases. Significantly, however, prosecutors can pursue a case for conspiracy even if they cannot prove the commission of a substantive white-collar offense. If two or more individuals conspire to commit a white-collar offense (even if they do not actually go through with committing the offense), each individual can be prosecuted and convicted of a crime carrying statutory fines and up to five years of incarceration in federal prison. Due to the risk of facing conspiracy charges, individuals facing federal white-collar investigations must be extremely careful with regard to the defense strategies they choose to utilize.
Financial Crimes
Financial crimes can involve a broad range of types of conduct, and they can target victims ranging from individual consumers to large publicly-traded corporations. Financial crimes can also involve illicit transactions that are prohibited because they provide unfair competitive advantages or contravene the interests of the United States or foreign nations. Each different type of offense requires a very different defense strategy, and understanding precisely why you (or your company) is being targeted is the first step toward fending off federal white-collar criminal charges.
Examples of white-collar financial crimes that are prosecuted at the federal level include:
- Bribery (Including Violations of the Foreign Corrupt Practices Act (FCPA)
- Bank Fraud
- Counterfeiting
- Credit Card Fraud
- Currency Schemes and Cryptocurrency Fraud
- Embezzlement
- Forgery
- Money Laundering
- Mortgage Fraud
Healthcare Fraud
Similar to financial crimes, “healthcare fraud” is an umbrella term that encompasses a broad range of federal offenses. While many healthcare fraud investigations are civil in nature, the DOJ can – and will – pursue criminal charges in cases involving what appears to be intentional unlawful conduct. Some common examples of criminal allegations in federal healthcare fraud cases include:
- Billing and Coding Fraud
- Falsification of Patient Records or Test Results
- Fraudulent Physician Certifications for Home Health and Hospice Care
- Other Forms of Medicare, Medicaid, Tricare, DOL, and VA Fraud
- Private Insurance Fraud
The False Claims Act, the Anti-Kickback Statute, and various other federal statutes impose criminal penalties for healthcare fraud offenses. Our Austin federal defense attorneys have extensive experience representing healthcare providers, and we have resolved the vast majority of these providers’ cases without any civil or criminal penalties.
Insurance Fraud
Federal investigators and prosecutors aggressively target individuals and companies suspected of insurance fraud. In addition to provider and patient fraud in the healthcare setting, this includes fraud perpetrated by property owners, contractors, businesses, accident victims, and other individuals and entities. We represent clients in federal white-collar cases involving allegations of all types of insurance fraud, from claims involving property damage to business interruption (BI) policy claims.
Our attorneys also represent Austin-based insurers in federal criminal matters. Premium diversion, asset diversion, fee churning, and bad-faith claim denials are all common allegations in insurance fraud investigations.
Intellectual Property Crimes
Although intellectual property (IP) infringement claims are most often thought of as civil disputes between private parties, in certain cases, misappropriation of trademarks, trade dress, copyrights, and patents can also lead to criminal prosecution by the DOJ. Theft of IP through hacking, corporate espionage, and other illicit means can lead to criminal charges as well. Our attorneys defend alleged infringers, hackers, and spies in civil litigation and related criminal law enforcement matters at the federal level.
Mail Fraud and Wire Fraud
The federal mail fraud and wire fraud statutes are both extraordinarily broad, and they both carry penalties of statutory fines and up to 20 years behind bars. Due to the breadth of these statutes, effectively any substantive white-collar offense can give rise to mail fraud and/or wire fraud investigations, and many cases that cannot be resolved without criminal liability are resolved through plea deals involving these offenses. If federal prosecutors decide to pursue an indictment and proceed toward trial, the likelihood of facing mail fraud and/or wire fraud charges in addition to charges for one or more substantive white-collar crimes is high.
Securities Fraud
Public companies; private companies; brokerage firms; financial institutions; executives, brokers, and other individuals can all face significant liability as a result of federal securities fraud investigations. We represent individuals and corporate clients in DOJ, FBI, and SEC investigations involving allegations including:
- Broker and Investment Advisor Fraud
- Cannabis and CBD Investment Fraud
- Corporate Accounting Fraud
- Corporate Reporting and Disclosure Violations
- Cryptocurrency Investment Fraud (Including Fraudulent ICOs)
- Fraudulent Investment Solicitations
- Fraudulent Misrepresentations and Omissions
- High-Tech and Biomedical Investment Scams
- Insider Trading
- Mobile Trading App Fraud
While many different types of cases can lead to criminal charges, federal prosecutors tend to prioritize cases that result in direct and substantial harm to individual investors. We have significant experience in these kinds of cases, and we can use this experience to your advantage.
Tax Evasion and Tax Fraud
At the federal level, criminal tax evasion and tax fraud cases are primarily investigated by the DOJ, FBI, and IRS-CI. We have attorneys and consultants who previously served with each of these authorities, and we have had significant success defending clients against criminal allegations under the Internal Revenue Code. Similar to computer fraud, conspiracy, mail fraud, and wire fraud, federal prosecutors often bring tax evasion and tax fraud charges in conjunction with charges for other white-collar crimes, and avoiding prosecution entirely requires the ability to successfully execute a comprehensive defense strategy.
An Austin White Collar Federal Defense Lawyer Answers Your FAQs
Are white collar crimes less serious than other crimes?
No, prosecutors have recently begun to take allegations of white collar crime very seriously, often seeking jail time and other potentially life-altering consequences. It is a common misconception that those convicted of a white collar crime “get off easy.” In reality, this has more to do with the fact that those accused of white collar crimes tend to hire the best Austin federal criminal defense attorneys. Whether an attorney is negotiating with federal prosecutors or litigating a case in front of a jury, the assistance of a skilled Texas federal criminal defense attorney can help prevent the most serious consequences in many cases.
What should I do if federal agents show up at my house?
If federal law enforcement agents with the FBI, IRS, OIG or DEA come to your home or business, it means that you are either under investigation for a federal crime or are believed to have knowledge they feel is relevant to their investigation. Even if you are innocent and believe that you are not under investigation, there’s always a possibility that agents will find something that triggers a more in-depth investigation. To protect yourself and your interests, it is crucial that you get in touch with an accredited Austin federal criminal defense attorney immediately.
Should I try to negotiate a plea agreement or take the case to trial?
Plea agreements are quite common in federal criminal cases. However, that doesn’t mean that entering a guilty plea is always the best option. In fact, even in cases where you are open to a plea agreement, you are much better off consulting with an Austin, Texas federal criminal defense attorney before discussing the case with the prosecutor. Your attorney can fully investigate the case, identifying any potential weakness. Depending on the specific circumstances, you may have a good chance of beating the case at trial. And even if you are still uncomfortable taking on that uncertainty, an experienced Austin federal criminal defense attorney can better negotiate with federal prosecutors after a full case work-up.
What is a grand jury subpoena?
A grand jury subpoena is a court order mandating you participate in an open criminal investigation. The Department of Justice (DOJ), most often by the U.S. Attorney’s Office, issues grand jury subpoenas. When a U.S. Attorney issues a grand jury subpoena, they will either require you to produce certain evidence or testify at a grand jury proceeding. If you are called upon to testify in front of the grand jury, it could be because the federal government believes you are somehow involved in the crime. However, you are not entitled to have an attorney present at the time you testify. If you are in receipt of a grand jury subpoena, it is imperative that you consult with an accredited Austin, TX federal criminal defense attorney to determine the best possible response.
What is at stake in a federal prosecution?
If you face criminal charges in federal court, everything you’ve worked hard to obtain is on the line. Depending on the nature of the charges, you could very likely face jail time, even if you have no prior criminal record. Other possible consequences of a federal criminal conviction include probation, fines, and professional sanctions. For example, if you are convicted of certain white collar crimes you may lose your financial certifications. To learn more about what you could be facing, contact an experienced Austin, TX federal criminal defense attorney.
What can an Austin, Texas federal criminal defense attorney do to help my case?
Federal investigations are significantly more complex than those in state court. Prosecutors often spend months, if not longer, building a case before convening a grand jury. If you discover that you are the subject of an investigation, an attorney can reach out to federal prosecutors well in advance of an indictment in attempt to eliminate you as a subject. A highly skilled Texas federal criminal defense attorney can also pinpoint any weaknesses in the government’s case, and may use this knowledge to either defeat the case or at least secure a more favorable plea agreement. An Austin, Texas federal criminal defense attorney can also provide their services in presenting a compelling case of mitigation at a sentencing hearing, should the evidence against you be overwhelming.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former Department of Justice
Brian J. Kuester
Former U.S. Attorney
Former DA
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney & Former District Attorney
Local Trial & Defense Counsel
Amanda Marshall
Former U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Michael Koslow
Former Supervisory Special Agent (FBI)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Speak with an Austin White-Collar Crime Defense Attorney at Oberheiden P.C.
At Oberheiden P.C., we build and execute defense strategies in federal white-collar criminal cases that are founded upon insights gained from notable experience on both sides of these high-stakes legal matters. If you are under investigation, if you have been served with a grand jury subpoena, or if you have already been indicted for one or more white-collar offenses, we can use our experience to protect you.
To discuss your defense with a white-collar crime defense attorney at our Austin office, call us at 512-883-1645 or contact us online now for a free initial case assessment. We will arrange for you to speak with a senior member of our defense team as soon as possible.