Knowledgeable Former DOJ Lawyers Defend Clients in Cleveland, Ohio
Oberheiden, P.C. is a federal criminal defense law firm with local lawyers in Cleveland, Ohio. Featured by media stations throughout Ohio, clients choose Oberheiden, P.C. because of our federal experience and our track record of avoiding and fighting federal criminal charges. Among our attorneys are:
- Former Department of Justice Officials
- Former Federal Prosecutors
- Federal Criminal Trial Lawyers
If you need help with your federal case, you can call us and speak to one of our senior attorneys and former U.S. prosecutors as part of a free and confidential consultation. After all, who can tell you more precisely what to expect and what to do in your case than those lawyers that were previously in charge of federal cases at the Department of Justice?
Are You Accused of a Federal Conspiracy?
Were you informed that you, your business, or someone you know is under federal investigation? Do you live in Ohio and encountered federal agents trying to talk to you or an affiliate? Do you have reason to believe that the government is after you? Were you recently arrested or received a target letter or grand jury notice? Do you feel like something needs to be done? Is it time to get an attorney?
If you live in Cleveland or the surrounding communities in Ohio, you need to be aware that federal prosecutors in Cleveland and Akron, Ohio were recently instructed by the Washington D.C. Justice Department to expand and intensify federal investigations — and to seek the maximum sentence permissible under federal law for anyone that is found guilty of breaking a federal statute. In many instances, the government has created special task groups to bring federal charges under a theory that multiple people conspired to defraud the United States or multiple people acted together to jointly violate federal law.
This is a serious development. If you find yourself on the government’s target list, time is of the essence. The more time you give the government to perceive you as a criminal and the more time you give law enforcement to scrutinize you, the less time there is to present compelling defenses before charges are brought. In these scenarios, selecting the right attorney can mean the difference between freedom and a stormy road.
Federal v. State Criminal Defense Lawyer
First of, if you are accused of a state offense like DUI, traffic violation, or shoplifting, then look for a lawyer whose practice focuses on defending those types of offenses. If, however, you are accused of a federal offense, you should interview lawyers and test their specific experience with federal cases. For example, you should ask the candidates how much of their practice is dedicated to federal law. You should ask how many federal investigations the lawyer has handled and how often they have tried a federal case. In federal cases, when everything is on the line, experience does matter.
Oberheiden, P.C. is a federal defense law firm. We offer clients proven defense strategies gained in hundreds of resolved federal cases. Senior attorneys with specific backgrounds, distinct careers, and pedigree represent our clients in the federal criminal justice system. Cleveland, Ohio clients benefit from our extensive dealings with federal law enforcement agencies like the following:
- Federal Bureau of Investigation (FBI)
- Drug Enforcement Administration (DEA)
- Internal Revenue Service (IRS)
- Department of Homeland Security (DHS)
- Department of Health and Human Services (HHS)
- Department of Defense (DOD)
- Department of Justice (DOJ)
- Office of Inspector General (OIG)
- Centers for Medicare and Medicaid (CMS)
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
Importantly, we do not use junior lawyers. No one fresh out of law school will handle your case. Because we do nothing but federal cases and because we understand the complexity of federal investigations, all our clients are represented by seasoned lawyers with a substantial and proven federal track record. Among our lawyers are:
- Nick Oberheiden has successfully represented business executives, business owners, public officials, physicians, lawyers, accused drug dealers, and many more in countless prosecutions involving federal conspiracy charges, fraud charges, Internet crimes, and other federal offenses.
- Bill McMurrey is a former Department of Justice trial attorney, former Assistant United States Attorney (AUSA), and former federal prosecutor in charge of federal offenses. With hundreds of federal cases handled on both sides of the table, Mr. McMurrey is a trusted guide and well respected courtroom litigator.
Important Information About Federal Cases in Cleveland, Ohio
As stated, Cleveland and the rest of Ohio are experiencing an inflation of federal investigations. Whether it is an alleged conspiracy to distribute, health care fraud, mail and wire fraud, Internet crimes, or a violation of the Controlled Substances Act—almost no day goes by in Ohio without new arrests, raids, or agents attempting to interview Ohio business owners and residents. Here is how most people in Cleveland find out that the government is conducting a federal investigation against them:
- Grand Jury Subpoena. A common way to learn about a pending investigation is by receiving a federal grand jury subpoena. Pursuant to the Fifth Amendment of the U.S. Constitution, a grand jury’s job is it to determine whether or not to bring criminal charges against an individual or a company. If you or your business receive a grand jury subpoena and you are asked to produce certain documents or appear in person, it is advisable to seek competent legal advice first to make sure the grand jurors will not press charges against you— but consider you a mere witness. The attorneys of Oberheiden, P.C. have assisted in countless federal grand jury subpoenas and made sure that our clients did not end up in the case. The key to handling a grand jury subpoena is to engage into a dialogue with the supervising prosecutor to discuss the goal of the investigation, the potential criminal targets, and an exit strategy for our clients. Further, it is important for client and lawyer to determine which documents may be responsive to the request and what type of information may be subject to protective privileges. If you received a grand jury subpoena, you should not attempt to take on the grand jurors and several federal prosecutors by yourself. Give us a call and let’s find out together what type of information you may possess and why such information may be relevant in the investigation of a federal criminal case.
- Agents Interview Request. Federal agents are tasked to investigate criminal offenses on behalf of prosecutors that they are typically assigned to. If an agent shows up at your house or business, you need to understand that any communication between you and a federal agent is subject to 18 U.S.C. 1001. According to this statute, any misrepresentation, lie, or failed disclosure of information to a federal agent may constitute a federal felony. Caution is in order. A great number of cases begin and end with overly voluntary interviews between potential targets of an investigation and FBI agents. Agents are trained to engage people in conversations and to distill information that, seemingly innocent, is relevant to their case building. It is never a good idea to speak to federal law enforcement without the presence of and approval of experienced counsel.
- Federal Arrest/Indictment. Most federal arrests and indictments come as a total shock. Typically in the early morning hours, agents would come to someone’s house and take him or her by surprise. If you or a loved one got federally charged, we encourage you to consult with experienced federal criminal defense lawyers as quickly as feasible to secure bond, to communicate with the government, to analyze the charges, and to develop a comprehensive defense strategy. Avoiding criminal charges and defending existing charges is what Oberheiden, P.C. does for the good citizens of Ohio. The more time you give the government, the less time you have to implement your defense. Call us now for a free and confidential assessment and let’s find out how we can help you.
Don’t Give In: Cleveland Federal Criminal Lawyers On Your Side
The temptation in federal criminal cases is to entertain the idea of a plea deal with the government—to be done with the case and to obtain a somewhat predictable outcome. The problem with plea deals is that some lawyers propose a plea to their client even though the client cannot agree to have done anything wrong.
Oberheiden, P.C. is a federal litigation firm. We are always planning to take the case to trial, in Cleveland and elsewhere. From the moment you meet us, you will notice our trial approach. We will listen carefully to your side of the story. We want to know what happened. We want to hear the true facts, not the allegations from the government. In fact, we will spend considerable time getting to know each other and learning the story, every single detail of it.
We then put ourselves in the shoes of the prosecutor. That’s not too difficult because many of us previously served the Justice Department as federal prosecutors themselves. How does the government approach this matter? What is their best argument? Why do they think you did something wrong? Do they have witnesses? Is there any real evidence? What prompted the investigation?
Next, we contrast the government story with the story that we learned from you. If we went to court, how would the jury look at the case? Is the case easy or complicated to understand? What facts would be most relevant for someone entirely unfamiliar with the case (like an Ohio jury) in order to make a decision? Would the government be able to meet the burden of proof, could the prosecutor prove beyond a reasonable doubt that you broke the law? What, based on hundreds of trials performed, do we think is the most likely outcome if we go to trial?
This process, in our opinion, is without alternative. The trial perspective analysis is the only way to arrive at legitimate, reliable legal advice. By the same token, if we decide to go to trial, we know with reasonable certainty what to expect, how the government would attempt to present their story, and what facts and defenses would most likely resonate with the jurors.
In short, if you agree with our trial analysis or if you are being pushed into a guilty admission that you can’t agree with, you should give us a call. We are happy to discuss our federal litigation and federal trial experience with you, provide a second opinion, or just take your case and start taking control of your faith.
This Is Why Cleveland Clients Trust Oberheiden, P.C.
1. Our Client Commitment: No Junior Lawyers.
We emphasize that we don’t use junior lawyers. Your case is too important to us for it to be handled by someone fresh out of law school. Our client commitment at Oberheiden, P.C. is that senior lawyers with impeccable backgrounds will assist you with your case. We will not wall you off; you will not hear from secretaries that your lawyer is currently unavailable. You will have direct access to your team, so that you can ask questions and stay updated in real time.
“It is very clear to me that Nick Oberheiden has a deep understanding of health law issues. [He] has been instrumental in managing and resolving many difficult legal matters [and] is always relentlessly focused on the critical issues that matter most. Nick is very dedicated and . . . displays a high degree of professionalism. I would not hesitate in recommending Nick for the most important of legal matters.” – Satisfied Client
“I hired Nick Oberheiden and Oberheiden, P.C. to defend me in a criminal health care matter. From the first moment I met with Nick[,] my wife and I knew that he [would provide] the help I need[ed]. And yes, Nick got me out of trouble. No charges. Case Dismissed.” – Satisfied Client
2. Federal Cases Only
Patients with severe health issues go to the ER and ultimately to a specialist. Why not do the same with severe legal problems? Federal investigations can be extremely intrusive and exposing. If this happens to you, be adequately and competently represented. You will only have one shot. Before you make a decision, you should establish that the candidate law firm is able to protect your interests, sufficiently experienced to negotiate with the FBI, and knows how to convince a federal judge and jury. If you have doubt, move on.
In general, in your interviews you should insist on concrete answers to the most pressing questions: how much of your practice is dedicated to federal law? How many federal cases of (drugs, health care fraud, mail fraud charges etc.) have you handled and what is your success rate? How often have you tried a federal criminal case? You will have good judgment if the answers are satisfying or not.
If we have the pleasure of being among your candidate lawyers, we are more than happy to provide you detailed answers and tell you about our federal experience. By way of bios, you will be able to tell that many of the Oberheiden, P.C. lawyers have spent large portions of their careers in the federal criminal justice system. For example, Bill McMurrey, Lynette Byrd, Hamilton Arendsen, Subodh Chandra, Wendell Odom — all served as federal prosecutors in Ohio, Texas, California, Washington D.C., and tried federal cases as Department of Justice Trial Attorneys and Assistant U.S. Attorneys.
Likewise, Nick Oberheiden has represented an enormous amount of business and individual clients in federal investigations across the entire country. While some lawyers consider negotiating a federal case with the FBI as career highlight, we not just do so every day, but many of us previously even supervised FBI, IRS, DEA, and ATF agents and have a good understanding how they operate. Please call our attorneys and find out how we would organize your defense.
3. Our Results
With experience and daily practice come results. Oberheiden, P.C. has obtained acquittals, dismissals, and favorable case resolutions in a plethora of federal cases. More so, in many instances, we have avoided criminal charges being brought in the first place. Among the cases we handle on a routine basis are federal conspiracies involving the following offenses.
Health Care Fraud.
- 18 U.S.C. 1349 Conspiracy to Commit Health Care Fraud
- 18 U.S.C. 1347 Health Care Fraud
- 18 U.S.C. 1035 False Statements Relating to Health Care Matters
- 42 U.S.C. 1320a-7b(b)(2) Payment of Illegal Remuneration
- 42 U.S.C. 1320a-7b(b)(1) Receipt of Illegal Remuneration
- 21 U.S.C. 841 Distribution and Possession with Intent to Distribute
- 21 U.S.C. 846 Conspiracy to Distribute
Financial Fraud, Theft, Tax Fraud.
- 18 U.S.C. 1956 Money Laundering
- 18 U.S.C. 1349 Conspiracy to Commit Wire Fraud
- 18 U.S.C. 1349 Conspiracy to Commit Mail Fraud
- 18 U.S.C. 1341 Mail Fraud
- 18 U.S.C. 1343 Wire Fraud
- 18 U.S.C. 641 Theft of Government Property
- 18 U.S.C. 371 Conspiracy to Defraud the Internal Revenue Service
- 26 U.S.C. 7206 Subscribing to a False and Fraudulent U.S. Individual Income Tax Return
- 26 U.S.C. 7206 Aiding and Abetting in the Preparation and Presentation of False and Fraudulent Individual Income Tax Returns
- 26 U.S.C. 7201 Attempt to Evade or Defeat Payment of Tax
- 21 U.S.C. 846 Conspiracy to Distribute Furanyl Fentanyl, Carfentanil, Methamphetamine, Heroin, Marijuana, Cocaine etc.
- 21 U.S.C. 846 Conspiracy to Possess with Intent to Distribute a Controlled Substance
- 21 U.S.C. 841 Possession with Intent to Distribute a Controlled Substance
- 21 U.S.C. 841 Distribution and Possession with Intent to Distribute
- 21 U.S.C. 841 Distribution and Possession with Intent to Distribute Furanyl Fentanyl, Carfentanil, Methamphetamine, Heroin, Marijuana, Cocaine etc.
- 18 U.S.C. 924 Possession of a Firearm in Furtherance of a Drug Trafficking Offense
- 21 U.S.C. 856 Managing a Drug Premises
- 21 U.S.C. 331, 333 Introduction of Misbranded Food Into Interstate Commerce With an Intent to Defraud and Mislead
- 21 U.S.C. 331, 333 Introduction of Adulterated Dietary Supplement Into Interstate Commerce
Find out how experienced prosecutors and defense attorneys assess your situation. Calls are free and confidential.
Call Today for a Free Case Assessment For Your Criminal Defense From Experienced Former DOJ-Prosecutors
Call now to get a free and confidential case assessment, including on weekends. If you are in a situation of concern or investigation, you should not hesitate to reach out to the federal criminal attorneys that previously led and supervised federal investigations before representing clients like you at Oberheiden, P.C.
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