Dallas Federal Criminal Defense Lawyers
Get Representation from Experienced Dallas Federal Criminal Defense Attorneys, Who Will Fight Aggressively to Defend Your Rights.
As a healthcare provider, business owner, executive, or other professional – facing a federal inquiry in your business or personal life can have consequences of catastrophic proportions. If federal agents and prosecutors uncover sufficient evidence to charge you with a federal criminal offense, you could be facing exorbitant fines and long-term imprisonment. If you get convicted in federal court, protecting your professional reputation will be among the least of your concerns.
At Oberheiden, P.C., our Dallas Federal Criminal Lawyers are highly experienced in representing individuals and businesses in all federal investigations and prosecutions of federal crimes. In fact, our Dallas federal criminal defense attorneys offer more than 50 years of combined experience in leadership positions with the U.S. Department of Justice (DOJ) – positions in which our attorneys collectively handled and were directly involved in thousands of federal criminal law cases involving investigations, grand jury subpoenas, and criminal prosecutions for federal offenses. As a result, we are able to assess federal criminal cases from all angles. We use our substantial government experience to develop comprehensive case strategies focused on presenting the strongest possible defense in light of the unique facts and circumstances at hand.
Experienced Representation. Proven Results.
As dedicated Dallas federal criminal attorneys, our firm’s federal crimes defense team is led by Dr. Nick Oberheiden.
Dr. Oberheiden focuses his Dallas, Texas practice in the areas of healthcare fraud and federal criminal charges defense.
In every case, our goal is to protect our client’s interests as thoroughly and quickly as possible. When our clients engage us during the course of their investigations, our goal is to close the investigation without civil or criminal charges. When charges are unavoidable or have already been filed, our goal is to resolve our clients’ cases without further civil or criminal liability.
“Throughout our work together, Oberheiden, P.C. [has] served as an invaluable source of practical guidance and legal leadership. We would recommend them highly and without reservation to anyone. Simply the best.” – Firm Client
Federal Criminal Defense Cases We Handle in Dallas, TX
At Oberheiden, P.C., our Dallas federal criminal defense attorney represents individual and corporate clients nationwide in all types of federal cases, including white collar investigations and prosecutions. We have particular experience representing physicians, executives, board members, company owners, other professionals, and business entities in a variety of cases, including the following:
Bank and Check Fraud
Federal law defines the crime of bank fraud as knowingly executing, or attempting to execute, a scheme or artifice to defraud a financial institution, or to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises. Examples of acts commonly prosecuted as bank fraud include forging signatures on financial instruments, altering checks, check kiting, and using identity theft to obtain a loan or credit. Under 18 U.S.C. Section 1344, bank fraud carries potential penalties of up to a $1 million fine and 30 years of federal incarceration for each individual offense.
Embezzlement is a white collar offense defined by federal laws as the act of obtaining funds from a federally-insured financial institution through improper means, including through the misapplication of bank funds. In order to establish culpability for embezzlement under 18 U.S.C. Sections 656 and 657, federal prosecutors must be able to prove that you, as an officer or employee of an FDIC-insured bank, (i) knowingly and willfully embezzled or misapplied funds, and (ii) did so with the intent to injure and defraud the bank. If you have been accused of this crime, contact a Dallas federal defense lawyer at Oberheiden, P.C. today to defend you.
Forgery is the act of falsifying a document with the intent to defraud an individual, financial institution, the federal government, or a private corporation. This includes not only the forgery of signatures on checks and other financial instruments, but the falsification or alteration of any other information on a legal document or financial instrument as well. Under 18 U.S.C. Sections 470 through 514, federal forgery is punishable by substantial fines and up to 20 years of federal imprisonment.
Healthcare Fraud (including Medicare Fraud)
Healthcare fraud includes using a variety of improper means to obtain funds from private insurance companies or from federal healthcare benefit programs such as Medicare, Medicaid, and Tricare. Federal authorities use numerous different statutes to investigate and prosecute providers suspected of healthcare fraud, including the False Claims Act, the Anti-Kickback Statute, and the Stark Law. At Oberheiden, P.C., a significant portion of our practice is devoted to representing providers, executives, and shareholders in healthcare fraud matters. Many of our criminal defense lawyers have prior experience within the DOJ focused specifically on healthcare fraud enforcement.
Mail and Wire Fraud
Mail and wire fraud are related federal crimes that are commonly charged in conjunction with other offenses. Both offenses are punishable by up to 20 years of imprisonment and fines of $250,000 (for individuals) or $500,000 (for business entities), with these penalties applying to each individual instance of fraud. Under 18 U.S.C. Sections 1341 and 1343, using the U.S. Postal Service, the internet, a cell phone, or any other form of electronic communication in the commission (or attempted commission) of a white-collar criminal offense is sufficient to establish culpability for mail or wire fraud. As a result, federal prosecutors will almost always bring charges under these statutes when prosecuting individuals and organizations for other white-collar offenses.
Money laundering is the act of using one or more financial transactions to obscure the source or destination of illegally-obtained funds. Similar to mail fraud and wire fraud, federal prosecutors will often file money laundering charges along with federal charges for other substantive white-collar offenses.
Mortgage fraud involves supplying false information or fraudulent records in order to secure a loan for the purchase of real property. Federal prosecutors have identified several forms of mortgage fraud that will often lead to charges with the potential for severe, life-changing penalties.
(i) income fraud (overstating income or “borrowing” money from a third-party in order to appear financially-stable),
(ii) appraisal fraud (intentionally overstating or understating the value of a piece of real property), and
(iii) fraudulent disclosure (misstating debts or liabilities, misrepresenting employment status, and falsification of other loan application information).
Securities fraud is a broad term that encompasses a wide range of violations of Securities and Exchange Commission (SEC) regulations and federal securities laws. Most often, securities fraud investigations focus on brokers, advisors, and financial firms suspected of defrauding investors. This fraud can be accomplished through practices such as selling unregistered investment products, account churning, providing unsuitable investment advice, and misappropriating portfolio assets. Securities fraud allegations may also focus on disclosure violations (and may trigger disclosure obligations). Individuals and entities accused of securities fraud must act quickly and decisively in order to mitigate the consequences of their federal investigations.
Tax evasion is a federal criminal offense under 26 U.S.C. Section 7201 that can result in hundreds of thousands of dollars in fines (in addition to liability for back taxes and associated penalties) and up to five years of federal incarceration for each prosecutable offense. Federal prosecutors routinely pursue tax evasion charges against both individuals and corporate entities. Defending against such charges starts with gaining a clear understanding of the basis for the government’s investigation.
Contact an Experienced Criminal Defense Lawyer in Dallas, TX online today.
FAQs: Dallas Federal Criminal Defense
Q: What is a target letter?
Federal law enforcement officers classify people they believe to be involved with a federal crime into three groups: (i) witnesses, (ii) subjects and (iii) targets. Witnesses possess information about a crime, but are not believed to be involved in criminal activity. Subjects may be involved in a crime, but are not the focus of the investigation. Targets at the center of the investigation, as they are the ones whom the government believes committed a federal crime. If you received a target letter, it means the federal agencies conducting the investigation are planning on charging you with a federal crime. Thus, it is crucial that if you are facing federal criminal charges that you do not delay in contacting a respected Texas federal criminal defense attorney.
Q: What constitutes white collar crime?
White collar crime refers to a long list of financial crimes, including bribery, fraud, extortion, money laundering, embezzlement and more. The federal government has stepped up its enforcement of white collar crimes in recent years by forming various organizations that are dedicated to these offenses. White collar criminal cases are typically very complex, and call for the assistance and know-how of a highly experienced Dallas federal criminal defense attorney.
Q: If my company is being investigated for illegal activity, can I be personally charged with a white collar crime?
Potentially, yes. In corporate white collar investigations, investigators and prosecutors will closely scrutinize the company’s key personnel and stakeholders as well. Corporate entities do not commit crimes on their own – it takes human action of one form or another in order to commit tax evasion, Medicare fraud, or other white collar offense. Typically, prosecutors will seek to bring charges against the company as well as any executives, professionals, board members, shareholders, or other individuals who were involved in the criminal enterprise or activity.
Q: Are white collar crimes felony offenses?
Generally speaking, yes. “White collar crime” is an umbrella term for criminal offenses that are predominantly financial in nature, and federal law imposes severe penalties for each of the specific offenses listed above. These offenses can all be classified as felonies, and they all carry fines and prison sentences that can have life-changing consequences.
Q: Is it possible to face criminal penalties as a result of a civil investigation?
Yes. Many federal investigations start out civil in nature. Several white collar offenses, including various forms of healthcare fraud and securities fraud, carry the potential for both civil and criminal penalties. However, the government cannot pursue both – it must choose one or the other – and oftentimes federal agents and prosecutors will pursue civil investigations until they uncover sufficient evidence to transition to a criminal prosecution.
In these cases, our first priority is to keep the investigation civil in nature. If your investigation is civil, this means that the DOJ is not pursuing incarceration as a form of punishment. It also means that the scope of the allegations against you is limited. However, due to the potential for a civil investigation to become criminal, it is essential for anyone facing a civil investigation to seek the representation of a law firm with substantial experience in federal criminal defense.
Q: Can a whistleblower claim, or a patient or client complaint, lead to federal charges?
Yes. Federal authorities take public complaints of fraud targeting citizens and the government extremely seriously. The DOJ and OIG have an obligation to investigate whistleblower claims that appear to be substantiated. Agencies such as the SEC and the Centers for Medicare and Medicaid Services (CMS) also have hotlines where citizens can report suspected instances of fraud and abuse. As a result, it is not unusual for federal investigations to be launched out of consumer-level complaints (or retributive action by disgruntled former employees), and in many cases individuals and businesses can face both private civil action and federal white collar criminal prosecution.
Q: How can I protect myself (and my company) during a federal white collar investigation?
If you have been contacted by federal agents or prosecutors from the DOJ, SEC Federal Bureau of Investigation (FBI), Office of Inspector General (OIG), or a collaborative law enforcement effort such as the Medicare Fraud Strike Force, there are several steps you should take immediately. These include:
- Seek immediate legal representation
- Refuse to provide any information unless advised to do so by your legal counsel
- Instruct your employees to only respond to requests for information as specifically directed
- Assess whether any internal remedial action may be necessary
- Execute a coordinated defense strategy designed to resolve the investigation as quickly and favorably as possible
Q: I just received a grand jury subpoena. What should I do?
The grand jury subpoena is one of the federal government’s most powerful tools for compelling the disclosure of information during white collar criminal investigations. However, the grand jury subpoena power is not absolute, and there are limits on both (i) the justifications for compelling disclosure, and (ii) the volume of disclosure that can be compelled.
If you have received a grand jury subpoena, you need to respond. Ignoring the subpoena could lead to severe consequences – including charges of federal contempt. But, whether your response should be to provide all of the requested information or to challenge the subpoena (either in whole or in part) is a decision to be made with the advice of an experienced Dallas, TX federal defense attorney.
Q: If I have been contacted by federal agents but haven’t received a subpoena, is this considered a federal “investigation”?
Most likely, yes. Federal agents use a variety of tactics to solicit information from the targets of white collar investigations, and this includes attempting to minimize the apparent severity of the situation. For example, it is a common tactic to schedule “interviews” without informing the target of the reason for the inquiry (and without explaining that compliance is not legally required). As a result, if you have been contacted by any federal agency that is involved in the prosecution of white collar offenses, you need to take your situation extremely seriously, and your first step should be to seek experienced legal representation.
Q: What factors should I consider when choosing legal representation for a federal white collar case?
If you are facing a federal investigation or felony charges for a white collar offense, it is imperative that you choose a law firm that has specific and substantial experience with your type of case. Other factors to consider include:
- Do the firm’s lawyers have prior experience as federal prosecutors handling white collar cases?
- What is the firm’s track record in federal white collar investigations and prosecutions?
- Does the firm have a team of experienced attorneys who combine their knowledge and skills; or, will your case be handled by a single attorney with a substantial case load?
- Are the firm’s lawyers accessible 24/7, and are they available to travel as necessary to meet the demands of your case?
- Does the firm offer free case assessments, and are the firm’s legal team able to answer your questions during your initial consultation?
Oberheiden, P.C. | Your Dallas Federal Criminal Defense Lawyers
Oberheiden, P.C. focuses on representing sophisticated clients in federal matters. We understand the unique demands of white collar defense, and we understand what is at stake for individuals and organizations that are being targeted in federal cases. If you need a federal criminal defense lawyer in Dallas, we encourage you to schedule a free case assessment. The attorneys on our white collar defense team will be happy to meet with you personally, help you understand your situation, and develop an immediate course of action to protect you.
Schedule your free case assessment with a Dallas federal criminal defense lawyer at Oberheiden, P.C., please call 972-846-8818 or send us your contact information online. We represent clients in federal criminal cases across the nation. If you are under investigation, you do not have time to waste. Contact Oberheiden, P.C. now to put our federal experience on your side.
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