What Should I Do When the FBI Raids My Office?
Call the Federal Defense Law Firm of Oberheiden P.C. Today: We Defend Clients Nationally Against Search Warrants.
Search warrants are emotionally intense and among the scariest events a business owner can possibly experience. When this happens to you, you need attorneys that are calm, organized, well-experienced and who can instantly take over control based on hundreds of federal cases already mastered. We understand that you have many questions.
- What Is the Case About?
- Are They Going to Charge Me?
- Am I Going to Jail?
- Do I Need to Close Down My Business?
- How Do I Get My Stuff Back?
- Did Someone Turn Me In?
- Will the Government Take My Money?
- How Much Is All of This Going to Cost Me?
- What Should I Do Now?
We are here to help
The former Justice Department officials and nationally recognized FBI defense attorneys at Oberheiden P.C. offer answers and solutions when you need them the most. Our rigid and proven approach in search warrant defense cases have saved many clients from future government exposure and from jail time. Experience matters. Don’t let an inexperienced lawyer experiment with your freedom. Call Oberheiden P.C. right away to discuss your situation and to explore elements of an effective defense strategy together.
We Have Avoided Criminal Charges Despite Search Warrants All Across the United States
Oberheiden PC is a team of former DOJ Officials, presidentially appointed and U.S. Senate confirmed attorneys that are unlike any other firm you may find. There are no junior lawyers, clients will not be delegated to other lawyers, clients will not be walled off by secretaries or paralegals. Instead, senior attorneys with demonstrated and proven track records will offer you the experience of hundreds of cases like yours previously handled—an experience you can count on.
Example 1: In re Search and Seizure Warrant
No Criminal Charges (Medicare Fraud). More than 30 federal agents executed a search warrant at our client’s house. In total panic and completely overwhelmed, the client felt pressured to volunteer for an interview with the agents. About one week later, still under shock, the client engaged us begging us to believe him that he is innocent. After learning our client’s side of the story, reviewing records, and analyzing the government’s prosecution strategy, we reached out to the prosecutors—and convinced them to not charge our client. This was all the more remarkable because the prosecutors assumed that purpose of our visit and presentation was to work out a plea deal and to agree to a sentencing range.
Example 2: In re Search and Seizure Warrant
No Criminal Charges (Insurance Fraud). Federal police officers from various agencies stormed our client’s office on a Thursday morning right around 9am. After 10 hours of searching her office, the agents left, and our client was able to get her phone back to hire us. In a series of presentations at the U.S. Attorney’s Office and in close cooperation with our client, we were able to convince the federal prosecutors after months of negotiations to not charge our client.
Example 3: In re Search and Seizure Warrant
No Criminal Charges (DEA Investigation). Federal police officers from various agencies stormed our client’s office on a Thursday morning. The client did not expect this at all but was careful enough to decline an interview with the agents. When he engaged us, we conducted our own investigation to mirror the government’s investigative approach, reviewed files and communication streams—and did not see criminal misconduct. We presented the findings to the government and the investigation ultimately concluded with no charges, no jail time.
Effective Defense Strategies After Search Warrants
Our job is it to show that existing mistakes were mere errors, accident, and oversight—and did not occur intentionally or with knowledge, awareness, or approval of management. To reach this conclusion, we first identify the problems, then fix them, and finally install procedures to prevent future mistakes.
In order to understand what has happened and why it happened, most of the time the best way to respond to a search warrant is to conduct an internal investigation of the raided company. Purpose of such a corporate compliance review is to identify mistakes, mismanagement, lack of supervision, corporate violations, and other reasons that could have led a judge to believe that evidence of a crime is located at the premises searched. Oberheiden P.C.’s internal investigations are thorough, detailed, and conducted with a view to examine whether mistakes occurred intentionally and with management’s knowledge and then to fix identified mistakes—often to an enormous advantage for the client when it comes to negotiations with the government.
Use of Expert Consultants
Experts can quickly make a tremendous difference. Many federal investigations are complex and require technological knowledge (computer cases), an understanding of tax exemptions, or familiarity with medical necessity or complicated healthcare billing regulations (healthcare fraud investigations). Oberheiden P.C. offers clients former Special Agents, medical experts, Private Investigators, Billing and Coding Experts, and experienced corporate compliance officers with specialized knowledge to demonstrate that fraud was not committed, that certain medical services were medically needed, and so on.
Resolution Dialogue with Government
Ultimately, we will discuss our side of the story with the government. For example, the internal investigation could have revealed that not the business owners, but staff members disobeyed the rules of their employment and the law. We will carefully analyze the facts and will have numerous mitigating factors to show—or a line of arguments that will establish that our client may not have followed the law, but that there simply was no criminal intent.
The Most Important Things You Should Not Do During a Search Warrant
The best way to support the attorneys of Oberheiden P.C. in their effort to avoid charges and to resolve the investigation is to not to commit these three cardinal mistakes.
It happens all the time. A search warrant is ongoing, computers are being removed from the premises or mirrored, and suddenly the owner of the devices deletes the files remotely. That’s a very short-time victory. Don’t do it. Chances are that no matter how hard your attorney will work for you to avoid criminal consequences, the government may, at a minimum, still charge you with a felony of obstruction of justice. Resist, and let the defense case play out differently.
It is a short-sighted strategy to withhold certain records or to even hide searchable items such as cell phones, laptops, and other devices. Rather than risking an obstruction of justice charge and creating suspicion by getting caught in an attempt to conceal information, be truthful and disclose when being asked to do so. This also applies to passwords. It will make no sense moving forward to refuse to provide a computer, phone, cloud etc. password.
Do not volunteer to be interviewed by law enforcement. As tempting as it may feel to share your story and outline your innocence, the long-term better strategy is to let your attorney communicate with the government. It does not make you look guilty, it makes you look smart. You have no obligation to speak and no matter how innocent you are, the government will twist your words and will hold your statements against you. Also, in a situation where you are overwhelmed, frustrated, and scared because you have dozens of agents in your home or at your business, your mind does not need yet another challenge. Let the agents do their job; we will do ours when the time is right.
These Are Some of the Allegations that Can Lead to Search Warrants
- Medicare Fraud, Medicaid Fraud
- Federal Workers’ Compensation Fraud (DOL)
- Healthcare Fraud (18 U.S.C. 1347)
- Federal Drug Conspiracy (21 U.S.C. 846)
- Bribery (18 U.S.C. 201)
- Mail Fraud (18 U.S.C. 1341)
- Wire Fraud 18 U.S.C. 1343)
- Computer Crimes
- 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)
- Mortgage Fraud
- Insurance Fraud
- Securities Fraud (15 U.S.C. 78j, 78jj; 18 U.S.C. 1348)
- Obstruction of Justice (18 U.S.C. 1512)
- Intellectual Property Crimes
- Credit Card Fraud
- Identity Theft
- Pornography Offenses
- Unauthorized Computer Access (18 U.S.C. 1030)
- Espionage Act
- Patriot Act
- 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)
- 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 Healthcare Fraud (18 U.S.C. 1347; 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 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)
How Can I Engage Oberheiden P.C.?
Because search warrants happen so fast and so unexpectedly, few people are able to identify and hire their lawyer of choice during a warrant—in particular when the agents instruct you to not use your phone or when your phone is not available because it is taken as part of the warrant. In the vast majority of cases, Oberheiden P.C. gets a phone call the night after the search or in the following few days when realization has kicked in that this serious situation requires a serious defense. Lawyers that may have helped sporadically (e.g. because they were family friends or because they have been used in a completely different matter in the past) typically want to stay away from this type of work because they lack the experience and do not want to do anything wrong.
Oberheiden P.C. offers clients across the United States including but not limited to Miami, Orlando, Tallahassee, Cleveland, Detroit, New Orleans, Dallas, Houston, Portland, and other places local attorneys ready and experienced to help. Give us call in this difficult time to learn from you what happened and to explore proven options moving forward together. You can call us also on weekends if this time is more convenient for you.
Oberheiden P.C. Will Protect You and Your Business
If you need to speak with a federal defense lawyer, please contact us to schedule a free and confidential case assessment. Members of our defense team are available 24/7, so call 888-680-1745 or request an appointment online now.
Find Out How Oberheiden P.C. Can Defend Your Business and Your Reputation Today—Call Dr. Nick Oberheiden Directly
Dr. Nick Oberheiden, founder of Oberheiden P.C., focuses his litigation practice on white-collar criminal defense, government investigations, SEC & FCPA enforcement, and commercial litigation.