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What You Should Do When You Are Under Investigation by the FBI

The FBI is a primary agency for investigating healthcare fraud and other federal crimes.  It investigates potential fraud of both federal and private insurance programs.  The FBI works under the supervision of the Department of Justice (DOJ) and often works in cooperation with the Health and Human Services-Office of Inspector General (HHS-OIG).  While the FBI has historically had a greater focus on fraud related to government programs, it is now more actively involved in the Healthcare Fraud Prevention Partnership where it exchanges information with private payors.  As a result, more and more FBI investigations result from private payor audits.

Why Have Over 1,000 Clients Trusted Us?

Are you under investigation by the FBI? Are you stressed and concerned about your rights, your reputation and your livelihood?

Let me put your mind at ease. We have handled over 1,000 federal cases and we know the best strategy to successfully win your case. Here’s why clients give us 5-star ratings on Google and AVVO:

1. Only a highly experienced “trial-ready” attorney will work on your case. Never a paralegal or junior attorney.
2. Former FBI – Former DOJ Staff – Former U.S. Attorney
3. My team is available by email, phone and text. We want to make sure you have easy access for any questions.
4. No one beats our track record: 45 states (1,000+ Cases)
5. We don’t surrender – we fix!

Don’t settle for anything less than what you deserve!

Call or text me now to discuss the details of your case.

Dr. Nick Oberheiden
310-873-8140

 

Discovering an FBI Investigation

Regardless of whether an FBI investigation is referred by the HHS-OIG or is provoked by a private payor, the investigation will usually progress for quite some time before the company or individuals under investigation become aware of it.  Ultimately, you may receive a target letter sent by the DOJ informing you of the investigation.  But more likely, you will be approached by FBI agents yourself or you will hear from business partners, employees (former or current), or friends that they have been approached by FBI agents.  Agents may come to your home or place of business with a search warrant.  You may also receive a grand jury subpoena which strongly suggests that you are being targeted by a federal investigation.

Initial Contact with FBI Agents

If you are approached by FBI agents, you must assume that you are the target of their investigation.  Investigators may state or imply that you are just a witness or that they are primarily interested in someone else.  This may or may not be true, but it is often used as a tactic to get incriminating statements and information from a target.  You are not obligated to agree to be interviewed.  And generally it is not in your best interest to do so.  You may be concerned, and FBI agents may even suggest that it “looks bad” if you do not immediately agree to be interviewed.  But you have a right to an attorney, and FBI agents generally already have strong opinions about whether you are a witness, subject, or target that do not depend on whether you agree to be interviewed.  If you go into an interview unprepared, without knowing the subject of the interview, and without taking the time to review the relevant documents and remember the circumstances surrounding the conduct at issue, you may make statements are incriminating or inaccurate.  Your attorneys may decide that a proffer is in your best interest, but they will weigh all the relevant factors before they do so.  Your attorney can generally undo any harm caused by initial reluctance to speak with FBI agents, but it much more difficult to repair the damage caused by unrepresented communication with agents.

This is Why You Are in Good Hands

Nick is extremely professional and knows what he is doing. He is also very kind as a person (unless he is in court!) I would recommend him to just about anyone if they need an amazing lawyer that is top notch and would frankly be scary to face in the court room. He will always do a great job representing his clients. Thank you very much.read more
Anna Pham
Anna P.
Nick is the absolute top expert in any federal case
Jeff Crilley
Jeff C.
Smart. Smarter. Nick. As a healthcare executive, I once ran into a litigation issue. I hired Nick and, literally, before I knew it the case was resolved in my favor. Nick has an incredible presence and every lawyer in the room knows that Nick will do exactly what he says. It was a mesmerizing experience to see Nick in action! Very calm and determined, Nick is the absolute top litigator.read more
Whitney Bryant Milam
Whitney Bryant M.
Nick has been a friend and trusted advisor for almost 10 years. As anyone just looking at his bio can tell, Nick is an outstanding attorney in highest demand across the country. All healthcare providers should hire attorney Nick Oberheiden!! You will not be disappointed.
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Pamela M.
Dr. Oberheiden has served as council and represented our company on several occasions, even during depositions, contract reviews and providing invaluable advice on multiple occasions that transpired into multilevel success in our business. He and his teams knowledge of both local, state and federal statues, accompanied by their areas of expertise law regarding best asset protection, estate planning and wealth management solutions have provided both professional and personal growth for my companies, safeguarding them and protection my family’s name and legacy. I would recommend this firm and Dr. Nick Oberheiden without hesitation. I have no doubt that you will experience success with his council.read more
Corban Milam
Corban M.
I have worked with Nick Oberheiden for over ten years on various litigation matters in and around New York City. Nick is an accomplished and seasoned lawyer and litigator---efficient, reliable, practical and, at the same time, highly academic. Nick will take the time necessary to understand a client's short- and long-term goals, and tailor his representation and advice to work toward and achieve those ends. Nick is a zealous advocate for his client, and will never sacrifice his client's interests for a quick or easy resolution to a case. At the end of the day, Nick is a great person to know if you or your business is in need of a top litigator or defense attorney.read more
Brendan Carosi
Brendan C.
When I was faced with one of the most terrifying and unexpected situations in my life, I called Dr. Oberheiden. I had vetted other attorneys and came right back to him. His knowledge, expertise, and reassuring presence made the decision easy. Throughout my case, his level of communication was what I needed and expected. He constantly updated me on the status and progress of my case and was able to “talk me off the ledge” when the stress of it all would set in. He is simply the best of the best...there’s not a question about it.read more
Angela Lee
Angela L.
Nick is a superb lawyer with exceptional skills and a formidable personality. Nick works harder, he thinks smarter, and he delivers faster than any lawyer you will ever find. Good, better, Nick!
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Jacqueline S.
1st class service. Atty. Iberheiden and Atty. Lynette Byrd were always available for us during the whole process of our Home Health Audit. Thank you so much!
Ed Orosa
Ed O.
I am a healthcare compliance consultant with almost 25 years of experience. The one advice I have for anyone seeking a lawyer with unbeatable healthcare law experience is to hire attorney Nick Oberheiden. For the past 8 years, I have worked with Nick on a variety of healthcare matters—from DEA compliance to DOL supervisory rules to setting up PT and pain management clinics. I have never once seen a client not being 100% intrigued by Nick’s proven expertise in the field of healthcare structuring and compliance. Dr. S.T.read more
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Raft C.
Nick Oberheiden is a spectacular lawyer, a true life saver. Nick is simply the very best!
Michael P
Michael P
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.
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Marshall M
Great firm, with a great firm record of experienced healthcare and litigation attorneys.
Chris Anderson
Chris A.

Take Action Now if You Are Under FBI Investigation

If you are under investigation by the FBI, that investigation is likely criminal in nature.  Thus, you are at risk of receiving criminal charges, prison time, probation, or criminal fines.  In many cases, the way a target acts during the course of an FBI investigation determines whether that person is charged at all.  Therefore, the steps you take while the investigation is pending are often more important than the defense you put on at trial.

The FBI has a big advantage when you first learn of the investigation.  They have likely been investigating you for months if not years.  They may have access to your bank accounts or phone records.  Your attorney will need to catch up in terms of understanding the historical and current facts.  You should give your attorney as much time to do that as possible.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Attorney-at-Law & Founder

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Lynette S. Byrd
Lynette S. Byrd

Former Federal Prosecutor

Partner

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Subodh Chandra
Subodh Chandra

Former Federal Prosecutor

Local Counsel

Elizabeth K. Stepp
Elizabeth K. Stepp

Partner

Roger Bach
Roger Bach
(Non-Lawyer)

Former Special Agent, OIG

Dennis A. Wichern
Dennis A. Wichern
(Non-Lawyer)

Former Special Agent-in-Charge

Chris Quick
Chris Quick
(Non-Lawyer)

Former Special Agent, FBI

Kevin M. Sheridan
Kevin M. Sheridan
(Non-Lawyer)

Retired Supervisory Special Agent, FBI

Ray Yuen
Ray Yuen
(Non-Lawyer)

Former Supervisory Special Agent, FBI

Gamal Abdel-Hafiz
Gamal Abdel-Hafiz
(Non-Lawyer)

Former Supervisory Special Agent, FBI

Protecting Yourself During an FBI Investigation

1. Do Not Talk about Your Case

You do not know who is cooperating with the government.  Conversations may be recorded and even if they are not.  Anyone you speak with (other than your attorney) may be called to testify against you.  In addition, saying the wrong thing could lead to obstruction of justice charges that may carry penalties as severe as the underlying charges being investigated.

2. Avoid Social Media

The FBI may already have access to your social media accounts just like your communication records.  You should not discuss the details of your case on social media, no matter how strict you set your privacy settings.  Anything you post can be used against you.  Posts of money or expensive luxury items are often particularly problematic.

3. Do Not Destroy Evidence

It usually does not work as the FBI often either already had access to the information destroyed or is able to reconstruct the information.  More importantly, destruction of evidence can lead to new criminal charges and can support strong inferences about the content of the destroyed evidence.  In fact, once you become aware of the investigation, you should terminate automated deletion processes to avoid the unintentional destruction of relevant evidence.

Are you accused of a federal crime?

Don’t delay. Learn about your rights.

Call Dr. Nick Oberheiden now!

(310) 873-8140

Available nights and weekends

Hire an Experienced Federal Defense Attorney

Do not wait until criminal charges are filed to hire defense counsel.  A defense attorney can assist you through the investigation and limit your exposure to criminal charges. The sooner you hire an attorney, the more likely you will be to avoid criminal charges. In addition, an attorney can help you avoid common mistakes that many targets make like lying to a federal officer or obstructing justice.  Your attorney will take care of all communications with federal agents including responding to subpoena requests and will tell you if and when it is in your best interest to grant an interview with investigators.

If the FBI is investigating you, a federal law is at issue and any eventual charges against you will be brought in federal court.  Federal court is very different from state court and you will need an attorney that is well versed in federal laws and federal procedures who has appeared in federal court.  The right defense attorney will also explain to you how the investigative process works and what to expect.  You want a lawyer who answers your questions about your case and one who listens and responds to your concerns.  This means hiring a law firm that will not wall you off from attorneys with secretaries and whose attorneys are available to speak with you whenever you need them.

Schedule a Free Consultation with Oberheiden, P.C. Today

If you are under investigation by the FBI, you can contact Oberheiden, P.C. for a free and confidential consultation.  Our attorneys are available seven days a week, even on weekends, to speak with you about how we may be able to help you with your case.  Oberheiden, P.C. represents clients across the country facing FBI investigations.

This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden, P.C. is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

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Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.

– Marshall M.

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