Houston White Collar Criminal Defense
A White Collar Defense Lawyer So Respected Even DOJ-Prosecutors Hire Him
Think about it. Department of Justice prosecutors and FBI special agents come across hundreds of defense lawyers during their careers. But, what happens if these prosecutors and agents themselves become targets of an investigation? Whom, among all the lawyers they have seen perform and argue for clients, do they trust when their own life and reputation is on the line: Dr. Nick Oberheiden.
Indeed, Houston white collar criminal defense attorney Dr. Nick Oberheiden is the go-to lawyer for business owners, executives, physicians, dentists, lawyers, as well as prosecutors and FBI agents when effective strategies and proven experience are needed to protect one’s career, professional license, assets, reputation, and freedom. Compare Nick to any criminal lawyer you may find in Houston or Harris County, Texas, and judge for yourself.
- Federal Cases Only (Hundreds Resolved)
- 92% Rate of Avoiding Charges
- No Junior Lawyers, No Secretaries
- Trusted Lead Counsel Spanning 35 States
- High-Profile Case Experience (Michael Cohen Investigation, DOJ Internal Investigations etc.)
Nick has prevailed in arguments before all major federal agencies including the Department of Defense, the Department of Justice, the Department of Health and Human Services, the U.S. Secret Service, the FBI, the IRS, the DEA, the Office of Inspector General, as well as appeared at U.S. Attorney’s Offices and in federal courts across the entire United States.
- United States v. Client: Dismissed
- United States v. Client: Dismissed.
- DEA Search Warrant: No Charges.
- DEA Opioid Investigation (Physician): No Charges.
- DEA Overdose Investigation (Physician): No Charges.
- FBI & OIG Healthcare Fraud Case: No Charges.
- Grand Jury Subpoena: No Charges.
- Grand Jury Subpoena: No Charges.
No junior lawyer and no secretary will touch your case. Nick offers true client commitment from the moment you call (free of charge and absolutely confidential). Nick actually listens to you because he strongly believes that your side of the story is the key to resolution.
What are you waiting for? Call 713-597-3388 and get reliable answers to your most pressing questions or the second opinion you have been eagerly waiting for.
Stay Away from 95% of the Legal Advice You Get
95% of all criminal defense lawyers focus on state law cases because 95% of all criminal cases take place in the Texas state justice system and are thus non-federal. Truth is, representing drunk drivers and shoplifters is not the same as negotiating with highly trained FBI agents and extremely resourceful federal prosecutors. Put simply, what may work in juvenile court rarely solves problems with the Department of Justice.
The difference between state and federal criminal defense becomes a problem when state law strategies are expected to work in federal cases. They don’t. When you interview with a traditional criminal defense attorney and provide an overview about your case, you most likely will hear that lawyer try to calm you down with one of the following defense speeches.
- The government has the burden of proof.
- Let’s see and wait what the government will do.
- You had no criminal intent.
Judged from the experience of several hundreds of federal investigations, all three of these objections are recipes for disaster in federal cases and fatal. They don’t work. You may find the federal criminal justice system unjust, but if you find yourself in it as a subject or a target, you need to use the system as it is and must not expect the system to cater to your needs and wishes. You need a proven Houston White Collar Federal Criminal Defense Lawyer on your side.
The Nick Oberheiden Federal Defense Approach
Nothing is less impressive to a prosecutor than hearing from a white collar defense attorney that his client had no intent or that the government has the burden of proof. That’s really not a starting point for effective communication or case resolution. In fact, it provokes the government to meet its burden and intensify the investigation. The case is heading for battle.
A recent example may exemplify the problem. The DEA suspects a physician to have prescribed opioids unlawfully. The physician is now a target of a federal criminal investigation. What are the options for his defense?
- Option 1: Option one would be to lean back to assure the doctor that he had no intent and the government has the burden of proof. In the meantime, FBI and DEA agents will execute a search warrant and disturb the business by interviewing former and current employees. The doctor’s practice never recovers from the search and the seizure of his entire computer systems and files—the doctor literally watches his own downfall and will soon have to accept the end of his career. The medical board suspends his license pending the investigation, which will take two years before he and his lawyer enter the courtroom for trial to finally demand the government to prove misconduct beyond a reasonable doubt. Outcome? Uncertain, but the physician hasn’t been able to practice or generate income since the search warrant.
- Option 2: The doctor in this example becomes aware of an investigation and asks Nick to speak to the DEA agents. Prior, Nick spends significant time with his client to learn everything the doctor has to say about the accusations, studies his patient charts, consults with an expert, and combines all information into a presentation at the U.S. Attorney’s Office. Nick never once mentions that his client had no intent. Nick challenges the factual side of the case by introducing clarifications, explanations, and the expert’s opinion. The government has no expert and is surprised to find out how the accepted standards of medicine test, in this case, suggests that the doctor did not overprescribe and took several listed precautions to ensure compliance. Outcome? No search warrant. No arrest. No trial. No uncertainty.
There are two main differences between Option 1 and Option 2. The first distinction is that Nick voluntarily took the burden of proof. Instead of sitting back and waiting to see what happens and without insisting on the government to meet its burden, Nick assumed the burden to prove his client’s innocence. You can say that is a perversion of the system and that is not how the system ought to work. Granted. However, the system offers this option and most people would rather accept the burden and be free and proven innocent than relying on the system and risk indictment, arrest, and expensive trials.
The second difference is even more fundamental. Oversimplified, to violate the law, two things need to be proven: the defendant did something contrary to the law and the defendant did so intentionally. Almost all federal criminal statutes require intent— that is some form of willful, knowing, intentional conduct. The vast majority of lawyers focus on the second level, which lawyers call mens rea, and argue that there was no intent. In the example above, Houston Federal Criminal Attorney Nick Oberheiden argues differently by challenging the assumption that there was misconduct in the first place. Instead of saying the doctor overprescribed but did not do so intentionally, Nick argues the doctor acted entirely conform under the applicable rules and ethical obligations. A lack of intent argument does not even become necessary. Here are examples where this approach worked:
- Healthcare Fraud (18 U.S.C. 1347)
- Bribery (18 U.S.C. 201)
- 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)
- Credit Card Fraud
- 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
Trained in negotiations at Harvard Law School, Ph.D. federal criminal lawyer Nick Oberheiden is available to help you find a way to navigate you through the federal justice system. Call 713-597-3388 and let’s shut down the investigation before things escalate to your disadvantage.
Why Does the U.S. Attorney’s Office in Houston Claim a Federal Conspiracy?
Prosecutors in the Southern District of Texas frequently use conspiracy charges to list multiple defendants in a single case rather than filing several related cases. In essence, the government will claim that the various conspirators provided, each individually and everyone for the common goal, a contribution to the alleged scheme. Contrary to common belief, a conspiracy does not require a formal agreement. A mere working together, even amongst personally unknown co-conspirators, is sufficient to demonstrate an at least implicit understanding and consensus. For example, A manufactures drugs, B sells drugs to C, who sells them to D. A and C never speak together, never meet. B is the connector that allows the government to indict A, B, and C in the same case. Examples:
- 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 Healthcare 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 Healthcare Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
- Conspiracy to Commit Theft or Embezzlement in Connection with Healthcare (18 U.S.C. 669; 18 U.S.C. 371)
- Attempt or Conspiracy to Commit Healthcare 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)
Questions and Answers about Federal Criminal Defense in Houston
Q: What should I do if I’m indicted?
An indictment is formal notice that you face criminal charges in federal court. This means that federal prosecutors have already concluded their investigation and presented their case to a grand jury, which found probable cause to believe you committed the offenses in question. Thus, at this point, the federal government is far ahead of you in terms of case preparation. If you recently received an indictment, the first thing you need to do is reach out to an experienced Houston, TX federal criminal defense attorney as soon as possible.
Q: Does a white collar crime carry jail time?
Yes, most white collar crimes carry the possibility of jail time. White collar crimes, such as bank fraud, mortgage fraud, identity theft, embezzlement and healthcare fraud, have become federal law enforcement’s priority over recent years. The U.S. Attorney’s Office is coming down harder than ever on those convicted of white collar crimes. However, with the right Houston, Texas federal criminal defense attorney, you may be able to avoid the harshest consequences of a criminal conviction.
Q: What should I do if the FBI shows up at my house?
If FBI agents shop up at your house, it’s safe to say they are investigating a federal crime. Whether you are an innocent witness or the subject of the investigation isn’t clear, and you cannot rely on the agents’ representation. The best thing to do is to politely decline to answer their questions and reach out to an experienced Texas federal criminal defense attorney. An attorney can look into the investigation to determine what the federal government believes your role is and help you determine an effective way to respond to agents.
Q: Should I try to negotiate a plea agreement or take the case to trial?
It depends on the nature of the accusations and the government’s evidence. Many federal criminal cases are resolved through a plea agreement. However, this isn’t necessarily because the defendant is guilty; it may be because they felt pleading guilty was their best option to avoid what could be a much harsher sentence. You don’t want to be in a position of feeling like you need to plead guilty because your attorney is unprepared to take a case to trial or uncomfortable litigating your case in front of a jury. Thus, even if you are open to accepting a plea agreement, your best option is to consult with an experienced Houston federal criminal defense attorney to discuss your case.
Proven Results in Hundreds of Federal Criminal Cases: 713-597-3388
When you hire Houston white collar defense lawyer Dr. Nick Oberheiden, you will enjoy a lawyer with true experience, respected by his peers and prosecutors. No matter how hopeless you consider your situation, Nick will explore different options and find mitigating factors and strong factual and legal defenses. The law office of Oberheiden P.C. also offers other kinds of Criminal Defense Representation.