countrywide representation from a boutique blank collar criminal department of defense law firm that will fight aggressively to defend your rights .
last Updated : 2022-09-19 As a healthcare provider, business owner, administrator, or other master – facing a union 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 white collar criminal discourtesy, you could be facing exorbitant fines and long-run imprisonment. If you get convicted, protecting your professional reputation will be among the least of your concerns. At Oberheiden, P.C., our attorneys bring decades of experience to representing individuals and businesses in blank collar investigations and prosecutions. In fact, our white collar crime attorneys offer more than 50 years of combine experience in leadership positions with the U.S. Department of Justice ( DOJ ) – positions in which our attorneys jointly handled and were directly involved in thousands of cases involving investigations, grand jury subpoenas, and condemnable prosecutions for white collar offenses. As a consequence, we are able to assess federal white collar criminal cases from all angles. We use our substantial government experience to develop comprehensive case strategies focused on presenting the strongest possible defense mechanism, with our union criminal legal team, in light of the singular facts and circumstances at hand.
Why have thousands of clients chosen Oberheiden P.C. ?
- Only Sr. Attorneys– We don’t employ paralegals, Jr. Attorneys, or Secretaries. You will work directly with a Sr. Attorney who will keep you apprised on a regular basis regarding the details of your case.
- We Know The Government’s Playbook– Many of our attorneys previously worked for the government as federal prosecutors. Understanding the tricks, goals, and strategies of the opposing side gives us an advantage as we prepare our defense.
- We Have Secret Weapons– Our team of Former FBI, IRS, DEA, OIG, and Secret Service agents will use their decades of experience in espionage, business investigations, and cyber forensics to find the nuanced details that can sometimes be the difference between a win or jail time.
- Unrivaled Results– While we have many tools at our disposal, our greatest asset is our decades of experience fighting the government. This experience has given us the privilege of winning over 2,000 cases on behalf of our clients.
I encourage you to compare our know, results, and team with any local or national firm.
When you ’ ve been defending clients for deoxyadenosine monophosphate long as we have, there ’ s no trick we haven ’ deoxythymidine monophosphate seen, no tactics we haven ’ metric ton countered and no scheme we haven ’ thymine circumvented many times before. If your reputation, support, exemption, or career is at stake, call us today for a exempt reference. We will help you clearly understand what your options are and the best path ahead. call now to confidentially discuss the details of your case : 888-680-1745 Dr. Nick Oberheiden
know Representation. Proven Results .
Our firm ’ s white collar defense team is led by Dr. Nick Oberheiden. Dr. Oberheiden focuses his drill in the areas of federal condemnable defense and white choker department of defense. In every case, our goal is to protect our client ’ s interests as thoroughly and cursorily as possible. When our clients engage us during the course of their investigations, our goal is to close the probe without civil or criminal charges. When charges are ineluctable or have already been filed, our goal is to resolve our clients ’ cases without promote civil or condemnable indebtedness. “ Throughout our work in concert, Oberheiden, P.C. [ has ] served as an invaluable source of virtual steering and legal leadership. We would recommend them highly and without reservation to anyone. Simply the best. ” – Firm Client
Put our highly experienced team on your side
Dr. Nick Oberheiden
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice local anesthetic Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney local Counsel
Former U.S. Attorney & Former District Attorney Local Trial & Defense Counsel
Former U.S. Attorney local Counsel
Aaron L. Wiley
Former Federal Prosecutor local Counsel
Former Special Agent ( OIG )
Former Supervisory Special Agent ( FBI )
Former Special Agent ( FBI & IRS-CI )
Kevin M. Sheridan
Former Special Agent ( FBI )
Former Supervisory Special Agent ( FBI )
Dennis A. Wichern
early Special Agent-in-Charge ( DEA )
White Collar Criminal Cases We Handle
At Oberheiden, P.C., our white collar crime attorneys represent person and corporate clients nationally in all types of federal white collar investigations and prosecutions. Our white collar crime lawyers have especial experience representing physicians, other professionals, executives, board members, company owners, and business entities in a variety of cases, including the comply.
respective federal laws establish anti-money wash ( AML ) rules and requirements for fiscal institutions, investing firms, and other entities. Violations of these laws – including the Bank Secrecy Act, Money Laundering Control Act, and Money Laundering Suppression Act – can lead to DOJ pursuance and criminal penalties. These laws allow federal prosecutors to pursue charges for a broad range of anti-money wash offenses. In many cases, prosecutors can pursue charges on a per-violation footing, meaning that those targeted in AML investigations can face numerous counts. We handle cases involving all types of allege AML violations, including failure to comply with know your customer ( KYC ) requirements, failure to comply with fishy Activity Report ( SAR ) requirements, and engaging in fiscal transactions with particularly designated nationals ( SDNs ).
federal antimonopoly laws are designed to promote clear contest and prevent monopolies that disadvantage consumers. While antimonopoly violations are much civil in nature, sealed violations can lead to criminal prosecution of companies, company executives, and others. We defend entities and individuals that are facing investigation or prosecution for all types of antimonopoly crimes. This includes, but is not limited to : enter in conspiracies or entering into contracts that cause an unreasonable restraint on trade ; regional and national price repair ; bid rigging and other forms of procurement fraud ; customer and territory allotment agreements ; monopolistic commercial activities ; and, anti-competitive mergers and acquisitions.
Bank and Check Fraud
federal law defines the crime of trust fraud as wittingly executing, or attempting to execute, a scheme or ruse to defraud a fiscal institution, or to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the hands or control condition of, a fiscal institution, by means of assumed or deceitful pretenses, representations, or promises. Examples of acts normally prosecuted as bank fraud include forging signatures on fiscal instruments, altering checks, check kite, and using identity larceny to obtain a loanword or credit. Under 18 U.S.C. section 1344, bank imposter carries potential penalties of up to a $ 1 million fine and 30 years of federal captivity for each individual umbrage.
Computer and Intellectual Property Crimes
federal authorities such as the DOJ have been devoting substantial resources to fighting computer and cerebral property crimes in late years. This includes virtually all forms of fraud perpetrated via the Internet, adenine well as identity larceny, larceny of cryptocurrency and other digital assets, and copyright and trade mysterious misappropriation. With new tools at their disposal, union authorities are nowadays well-equipped to investigate and prosecute most types of calculator and intellectual property crimes. As a resultant role, avoiding an indictment or sentencing requires in-depth cognition of the relevant legal and technical issues and a highly strategic approach.
embezzlement is a blank collar offense defined by the dissemble of obtaining funds from a federally-insured fiscal institution through improper means, including through the misapplication of bank funds. In order to establish blameworthiness 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 savings bank, ( one ) wittingly and willfully embezzled or misapply funds, and ( two ) did sol with the intent to hurt and defraud the trust. If you have been accused of this crime, contact our white collar crime lawyer today to defend you.
environmental Violations and Compliance
environmental violations can lead to steep penalties under federal law. Statutes such as the Clean Air Act, Clean Water Act, Toxic Substances Control Act, and Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA or Superfund ) impose rigorous requirements, and the U.S. Environmental Protection Agency ( EPA ) rigorously enforces these requirements throughout the United States. Through its Criminal Enforcement Division, the EPA works with the DOJ to pursue condemnable charges against violators when warranted. While companies that have ( and follow ) comprehensive environmental submission programs will often be able to avoid criminal prosecution due to EPA investigations, those that do not can face substantial risks. In many cases, their owners, executives, and employees can face the hazard of criminal prosecution vitamin a well.
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criminal matters involving the International Traffic in Arms Regulations ( ITAR ) and federal export/import laws can present significant risks for companies, their owners and their executives. Companies must undertake significant efforts to comply with ITAR and all other apposite sources of union authority, as investigations involving U.S. Customs and Border Protection ( CBP ), the Federal Bureau of Investigation ( FBI ), and other authorities can lead to swift and vigorous pursuance. We defend companies and individuals involved in all industries in federal export/import matters. With offices near the Gulf, Atlantic, and Pacific Coasts, we have a countrywide presence and are able to handle building complex federal export/import matters across the country.
counterfeit is the act of falsifying a document with the intent to defraud an individual, fiscal initiation, the union government, or a individual corporation. This includes not only the forgery of signatures on checks and early fiscal instruments, but the falsification or alteration of any other data on a legal document or fiscal instrument as well. Under 18 U.S.C. Sections 470 through 514, federal counterfeit is penal by substantial fines and improving to 20 years of federal imprisonment.
Healthcare Fraud ( including Medicare Fraud )
Healthcare fraud includes using a assortment of improper means to obtain funds from individual insurance companies or from union 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 meaning part of our practice is devoted to representing providers, executives, and shareholders in healthcare imposter matters. many of our white collar criminal department of defense lawyers have anterior experience within the DOJ focused specifically on healthcare fraud enforcement.
mail and Wire Fraud
mail and wire imposter are related federal crimes that are normally charged in conjunction with other white apprehension 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 exemplify of fraud. Under 18 U.S.C. Sections 1341 and 1343, using the U.S. Postal Service, the internet, a cell telephone, or any other form of electronic communication in the committee ( or attempted commission ) of a white choker criminal offense is sufficient to establish blameworthiness for mail or electrify fraud. As a result, federal prosecutors will about always bring charges under these statutes when prosecuting individuals and organizations for other white collar offenses. If you were accused of this imposter, speak with our white collar crime lawyer.
money wash is the act of using one or more fiscal transactions to obscure the beginning or destination of illegally-obtained funds. similar to mail imposter and wire imposter, federal prosecutors will frequently investigate and file money laundering charges along with charges for early substantive white collar offenses.
mortgage imposter involves supplying delusive information or deceitful records in arrange to secure a loan for the buy of substantial property. federal prosecutors have identified respective forms of mortgage imposter that will often lead to charges with the potential for austere, life-changing penalties. These include : ( one ) income fraud ( overstate income or “ borrowing ” money from a third-party in order to appear financially-stable ), ( two ) appraisal fraud ( intentionally overstating or understating the rate of a while of real property ), and ( three ) deceitful disclosure ( misstating debts or liabilities, misrepresenting use condition, and falsification of other loanword application information ).
Securities fraud is a broad term that encompasses a wide range of violations of Securities and Exchange Commission ( SEC ) regulations and union securities laws. Most frequently, securities fraud investigations focus on brokers, advisors, and fiscal firms suspected of defrauding investors. This fraud can be accomplished through practices such as selling unregistered investment products, history churning, providing unsuitable investment advice, and misappropriating portfolio assets. Securities fraud allegations may besides focus on disclosure violations ( and may trigger disclosure obligations ). Individuals and entities accused of securities fraud must act quickly and decisively in rate to mitigate the consequences of their union investigations.
tax evasion is a federal blank apprehension discourtesy under 26 U.S.C. section 7201 that can result in hundreds of thousands of dollars in fines ( in addition liability for back taxes and consort penalties ) and astir to five years of federal captivity for each prosecutable crime. federal prosecutors routinely pursue tax evasion charges against both individuals and corporate entities a well as tax preparers. Defending against such charges starts with gaining a clear understand of the basis for the politics ’ s investigation.
U.S. False Claims Act
The U.S. False Claims Act ( FCA ) imposes criminal penalties for intentionally submitting false and deceitful claims for payment to union government entities. This includes false and deceitful claims under politics contracts, grant programs, and profit programs such as Medicare and Medicaid. The FCA besides imposes civil penalties for unintentional violations ; and, in some cases, defending against a condemnable case under the U.S. False Claims Act will involve challenging the government ’ s evidence of intent. however, there are many accomplished defenses to alleged FCA violations a well, and we have helped many clients avoid both civil and criminal liability.
U.S. Foreign Corrupt Practices Act and U.K. Bribery Act
The U.S. Foreign Corrupt Practices Act ( FCPA ) establishes criminal penalties for violations of its anti-bribery and recordkeeping provisions. It applies to U.S. companies doing occupation abroad and extraneous companies doing business in the United States, and focuses chiefly ( though not entirely ) on illicit offers and transactions involving populace officials. The FCPA ’ s counterpart in the United Kingdom, the U.K. Bribery Act ( UKBA ), besides presents risk for U.S. companies doing business overseas. criminal prosecution under either legislative act can lead to fines and prison time ; and, although both statutes contain wide prohibitions, there are many potential defenses to alleged FCPA and UKBA violations ampere well. Contact the blank collar criminal defensive structure lawyer at Oberheiden, P.C. on-line today.
faq : Federal White Collar Criminal Defense
q : If my company is being investigated for illegal natural process, can I be personally charged with a white collar crime ?
potentially, yes. In corporate white collar investigations, investigators and prosecutors will close scrutinize the company ’ s key personnel and stakeholders adenine good. Corporate entities do not commit crimes on their own – it takes human carry through of one mannequin or another in order to commit tax evasion, Medicare fraud, or other white collar umbrage. typically, prosecutors will seek to bring charges against the company a well as any executives, professionals, display panel members, shareholders, or early individuals who were involved in the criminal enterprise or activity.
q : Are ashen collar crimes felony offenses ?
generally speaking, yes. “ White collar crime ” is an umbrella term for condemnable offenses that are predominantly fiscal in nature, and federal law imposes dangerous 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 potential to face condemnable penalties as a result of a civil investigation ?
Yes. many union investigations start out civil in nature. respective white collar offenses, including diverse forms of healthcare fraud and securities fraud, carry the electric potential for both civil and criminal penalties. however, the government can not pursue both – it must choose one or the other – and oftentimes federal agents and prosecutors will pursue civil investigations until they uncover sufficient attest to passage to a criminal pursuance. In these cases, our beginning priority is to keep the probe civil in nature. If your investigation is civil, this means that the DOJ is not pursuing captivity as a form of punishment. It besides means that the scope of the allegations against you is limited. however, due to the potential for a civil probe to become criminal, it is essential for anyone facing a civil probe to seek the theatrical performance of a law firm with solid know in federal criminal defense.
q : Can a whistleblower title, or a patient or customer complaint, conduct to federal charges ?
Yes. federal authorities take populace complaints of fraud targeting citizens and the government extremely seriously. The DOJ and OIG have an obligation to investigate whistle blower claims that appear to be substantiated. Agencies such as the SEC and the Centers for Medicare and Medicaid Services ( CMS ) besides have hotlines where citizens can report suspected instances of fraud and abuse. As a resultant role, it is not unusual for union investigations to be launched out of consumer-level complaints ( or retributive action by disgruntle erstwhile employees ), and in many cases individuals and businesses can face both individual civil legal action and federal white apprehension criminal pursuance. We serve clients countrywide, but offer the follow pages for more information.
- Fort Worth
- New York City
- Silicon Valley
q : How can I protect myself ( and my company ) during a federal white choker probe ?
If you have been contacted by union agents or prosecutors from the DOJ, SEC Federal Bureau of Investigation ( FBI ), Office of Inspector General ( OIG ), or a collaborative police enforcement campaign such as the Medicare Fraud Strike Force, there are respective 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 exalted jury subpoena. What should I do ?
The grand jury subpoena is one of the federal government ’ s most brawny tools for compelling the disclosure of data during white collar criminal investigations. however, the thousand jury subpoena power is not absolute, and there are limits on both ( one ) the justifications for compelling disclosure, and ( two ) 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 wholly or in partially ) is a decision to be made with the advice of an experienced white collar criminal defense lawyer.
Most probable, yes. union agents use a assortment of tactics to solicit information from the targets of ashen collar investigations, and this includes attempting to minimize the apparent badness of the position. For case, it is a coarse tactic to schedule “ interviews ” without informing the target of the reason for the inquiry ( and without explaining that conformity is not legally required ). As a consequence, if you have been contacted by any union means that is involved in the prosecution of white apprehension offenses, you need to take your situation highly seriously, and your foremost mistreat should be to seek experience legal representation.
q : What factors should I consider when choosing legal representation for a federal blank collar case ?
If you are facing a federal investigation or felony charges for a flannel collar offense, it is imperative that you choose a jurisprudence firm that has specific and substantial experience with your type of subject. 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 lawyer 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 lawyers able to answer your questions during your initial consultation?
Oberheiden, P.C. | White Collar crime Lawyers
Oberheiden, P.C. focuses on representing advanced clients in federal matters. We understand the unique demands of white collar refutation, and we understand what is at bet on for individuals and organizations that are being targeted in federal cases. If you need a whiten collar criminal defense lawyer, we encourage you to schedule a dislodge case assessment. The attorneys on our white choker 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. To schedule your absolve event appraisal, please call 888-680-1745 or send us your contact information on-line. We represent clients in federal white collar criminal cases across the nation. If you are under probe, you do not have time to waste. Contact the white apprehension condemnable defense lawyer at Oberheiden, P.C. now to put decades of federal know on your slope.