Federal Criminal Defense
Aggressive Federal Attorneys Defending Clients Across the Nation
If you are being targeted in a federal investigation, have received a subpoena, or are under arrest, our federal criminal defense lawyers are here to protect your interests. Find out what you need to know about your case for free – call (888) 452-2503 now.
Being targeted by federal authorities is wholly different from facing state-level prosecution. The U.S. Department of Justice (DOJ) and other federal law enforcement agencies have broad authority to prosecute individuals and business entities under a wide range of criminal statutes, and most of these statutes carry substantial fines and long-term incarceration. In large-scale cases, where prosecutors bring multiple counts for various related charges, millions of dollars of financial penalties and decades of imprisonment can easily be on the table.
If you are being targeted by the federal government, you need to act fast to protect yourself. If you have received a subpoena or are under investigation, you need to do everything you can to avoid facing charges. If you are already under arrest, you need to immediately begin building your defense. The agents and prosecutors handling your case already have the upper hand; and if you wait to take a stand, it may be more difficult to avoid a trial.
Federal Criminal Defense Lawyers with Results
At Oberheiden & McMurrey, LLP, our goal is to help our clients avoid the uncertainty of going to court. We have resolved a significant number of our clients’ criminal cases without charges being filed, and we also have a substantial record of negotiating favorable pleas – and even having charges dropped – after our clients have been indicted. However, we are also trial lawyers. So when going to federal criminal court is our client’s best option, we execute comprehensive and meticulously-prepared trial strategies focused on obtaining a “not guilty” verdict in open court.
The government’s attorneys bear the burden of proof throughout the federal criminal justice process. They must have probable cause to issue an indictment, and they must prove defendants’ guilt beyond a reasonable doubt. If any element of the government’s case is lacking (or if federal agents or prosecutors have violated your Constitutional rights), you do not deserve to be convicted. As former DOJ prosecutors with decades of experience in well over 1,000 federal criminal cases, we have significant experience understand what it takes to avoid prosecution and conviction from the inside out. We are here to help you, and we can begin working immediately to build the strongest possible defense.
“We have never dealt with legal counsel who is so down to earth and compassionate toward his clients. [Dr. Nick Oberheiden] has a level of compassion and dedication that one would only expect from a family member. He is responsive and has even worked with us on weekends, [and he] has been more than fair regarding his fee schedule. In fact, if we could afford to pay him more than his requested fee, we would have, due to his dedication, compassion and competence. . . .
“There is no one better and if you are seeking a federal criminal attorney, you can’t go wrong with [Dr. Nick Oberheiden]. He has a heart for what he does that we don’t often see in today’s legal profession.” – Firm Client
“I hired Nick Oberheiden and Oberheiden & McMurrey, LLP to defend me in a criminal health care matter. From the first moment I met with Nick[,] I knew that he [would provide] the help I need[ed]. And yes, Nick got me out of trouble. No charges. Case Dismissed!!!!!! Top[,] top attorney.” – Firm Client
Nationwide Federal Law Practice – Defense Lawyers for Federal Criminal Cases
Our federal defense practice includes representing individuals and corporate clients that are facing all types of criminal charges. We routinely handle investigations and prosecutions involving allegations listed below.
Health Care Fraud
Much of our practice is devoted to representing providers in health care fraud investigations. Many of our defense lawyers served as health care fraud prosecutors with the DOJ and the U.S. Attorney’s Office prior to entering private practice – and firm founder Dr. Nick Oberheiden has significant experience in the area of health care fraud defense.
Health care fraud cases can involve multiple federal agencies and a wide range of federal statutes. Our experience includes representing clients against the Centers for Medicare and Medicaid Services (CMS), the Department of Health and Human Services (DHHS), Office of Inspector General (OIG), the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Medicare Fraud Strike Force, and other authorities in cases involving allegations under:
- Anti-Kickback Statute
- False Claims Act
- Health Care Fraud Statute
- Stark Law
- Other federal health care laws
Health care fraud investigations can be both civil and criminal in nature. When we represent clients during the investigative process, whenever possible, we work to keep their cases civil in order to avoid the possibility of criminal sentencing. If it is too late for you to avoid criminal prosecution, our defense team will work strategically with the goal to obtain a favorable resolution prior to trial.
Tax violations can also lead to civil or criminal prosecution. When fighting to avoid criminal punishment, the key is to challenge the government’s evidence of intent. While intentional tax fraud can support criminal charges, unintentional mistakes do not establish criminal culpability. Examples of tax violations that can lead to both civil and criminal investigations include:
- Failing to report foreign assets or attempting to conceal assets
- Failing to file a tax return or make an estimated tax payment
- Filing a false tax return (including understating taxable income)
- Filing false supporting documents or failing to maintain substantiating records
- Tax evasion (failure to pay taxes that are owed)
With criminal penalties including up to a $100,000 (for individuals) or $500,000 (for business entities) fine and up to five years of federal imprisonment for each count of tax fraud, Internal Revenue Service (IRS) audits and investigations cannot be taken lightly. Even if you know that you made an honest mistake, you need to be able to present this defense effectively in order to avoid criminal charges. Our federal defense lawyers are skilled at handling complex tax fraud investigations; we can help.
Federal Drug Charges
From manufacturing illegal substances to diverting prescription narcotics, federal authorities are aggressively pursuing charges against individuals and entities suspected of all forms of federal drug crimes. The DEA and DOJ have strong mandates to aid in the fight against the nation’s drug problem, and this has lead to a record number of prosecutions targeting drug-related offenses.
The federal sentencing guidelines for drug crimes impose substantial penalties even for offenses involving very small quantities of controlled substances. For example, trafficking in just five grams of methamphetamine carries a minimum sentence of $5 million (for individuals) or $25 million (for business entities) and five years of federal imprisonment. For offenses involving larger quantities, the penalties increase to as much as $50 million in fines and 20 years of incarceration for first-time offenders.
As with other federal offenses, there are numerous potential defenses to drug crime allegations. To learn more, contact us for a free and confidential case assessment.
Bank fraud is a serious federal offense that carries penalties of up to $1 million and 30 years in federal prison. Federal law defines bank fraud as any “scheme or artifice to defraud a federal institution,” which can include attempting to illegally acquire money owned by a bank or held by a bank for one of its customers. In most cases, federal bank fraud cases involve allegations of:
- Check fraud
- Credit card fraud
- Debit card fraud
- Identity theft
- Internet fraud
- Mortgage fraud
We have significant experience representing clients charged with bank fraud in cities around the country. With our national federal law practice and strategically-located locations, we are able to take swift and aggressive action to protect individuals and businesses accused of bank fraud nationwide.
Blackmail and Extortion
Blackmail and extortion are related offenses that carry severe penalties. In broad terms, blackmail involves threatening to reveal information (or spread false information) in order to coerce another person or entity to act against its will. Extortion involves threatening to cause physical harm or destruction of property to achieve the same results. Blackmail and extortion cases often involve allegations of threats in relation to attempts to:
- Avoid market competition
- Cause the commission of a crime
- Obtain a discharge of debt
- Obtain money or drugs
- Perform sexual acts
- Perform other acts or provide other goods or services
In order to be charged with blackmail or extortion, you do not need to be successful in obtaining your desired outcome. The simple act of making a threat is enough to establish criminal culpability under our nation’s federal criminal code. However, in a typical case there will still be several defenses available, and our attorneys are prepared to protect you against long-term incarceration.
Public Corruption and Bribery
Public corruption and bribery can carry penalties of up to 15 years of federal incarceration. We have significant experience representing clients in cases involving allegations of bribery and public corruption involving federal officials, including allegations of:
- Offering illegal kickbacks
- Paying off federal agents and inspectors
- Paying off federal witnesses
- Paying to win government contracts
- Unlawful gifts involving stocks and other securities
- Violations of campaign financing laws
In order to prove a public corruption or bribery charge, federal prosecutors must be able to prove that you acted with intent. If there is not evidence to demonstrate that you purposefully attempted to influence a government official’s or witness’s actions or decisions, then there is not evidence to convict you.
Theft, Counterfeiting, and Embezzlement
In addition to bank fraud, our practice involves representing clients charged with a wide range of other theft-related offenses as well. Our former federal prosecutors and experienced federal defense lawyers have extensive experience in cases involving:
- Government contract fraud
- Insurance fraud
- Mail fraud and wire fraud
- Money laundering
- RICO violations
- Securities fraud
- Theft from federal institutions
- Other federal financial crimes
As with all other federal crimes, individuals and companies will often have numerous defenses to allegations of theft, counterfeiting, and embezzlement. When you engage our federal defense team to represent you, we will identify all available defenses and execute a comprehensive defense strategy focused on closing your case as efficiently and favorably as possible.
Internet and computer crimes are becoming increasingly sophisticated, and federal authorities are continuing to devote additional resources to keeping pace with the world’s leading hackers and computer experts who use their knowledge for illegal purposes. Unfortunately, this effort has led to a large number of misguided prosecutions as well, and we have represented numerous innocent clients accused of engaging in criminal activities such as:
- Blackmail and extortion
- Computer fraud
- Criminal trademark and copyright infringement
- Drug trafficking
- Identity theft
- Online pornography
In order to address issues in your case before the case gets out of control, it is critical that you engage an experienced legal team that can take proactive measures to intervene in the government’s investigation. At Oberheiden & McMurrey, LLP, we have the experience, resources, and capabilities required to defend clients in complex internet and computer crime matters.
FAQs: What You Need to Know When You are Being Targeted by the Federal Government
Q: What is the first thing I should do if I have been contacted by federal agents or received a warrant or subpoena?
If you have received any form of contact in connection with a federal criminal investigation, the first thing you should do is invoke your legal rights. This includes the right not to implicate yourself in a federal crime and the right to legal representation. At this point, federal agents and prosecutors will try to use anything you say against you, and you cannot afford to make any mistakes that could jeopardize your defense. Our federal criminal defense team is available to represent you, and we can quickly make contact with the authorities involved in your case to let them know that you are represented.
Q: What else should I do when I am being targeted in a federal criminal case?
Building the strongest possible defense to federal charges requires a proactive approach, and this will involve working closely with your legal defense team at every stage of the government’s investigation. During your free case assessment, we will walk you through everything you need to do, and we will help you understand the answers to questions such as:
- Is it safe to use my phone?
- Am I being wiretapped?
- Is the government reading my emails?
- Can I discuss my case with my wife?
- Do I need to inform my employer?
While many people believe the best approach is to cooperate with the government, this may or may not actually be the case under any particular set of circumstances. Before sharing any information with investigators or prosecutors, you should be sure to discuss the potential implications with an experienced attorney.
Q: In a federal criminal case, is it possible to avoid conviction without going to trial?
Yes, absolutely. In fact, our primary goal in every case is to protect our client without the need to go to trial. Whether you are currently under investigation, have been subpoenaed to appear before a grand jury, or have already been formally charged, our attorneys can use their extensive prosecutorial and criminal defense experience to protect you from the inherent uncertainties of taking your case to a judge or jury.
In some cases, however, going to trial will be the best option available. The DOJ’s attorneys may be convinced that they have a strong case, and they may be unwilling to negotiate a plea that you find acceptable. If this happens in your case, our experienced litigators will be fully-prepared to fight for your freedom in court.
Why Choose the Federal Criminal Defense Team at Oberheiden & McMurrey, LLP?
1. We Have Decades of Federal Criminal Experience.
We have decades of experience on both sides of federal criminal cases, and our senior and special attorneys have been practicing for nearly 30 years. When your future is on the line, we put experience on your side.
2. We Have an Exclusive Federal Focus.
We focus our practice on federal cases. Unlike other firms that primarily provide representation in state criminal matters, we are experienced regarding the complexities and nuances of federal criminal practice.
3. We Have a Significant Track Record in Investigations and at Trial.
With this extensive experience and exclusive focus, we have established a significant record of success in federal criminal matters. Most of our clients have never been formally charged.
Contact Skilled Federal Criminal Defense Lawyers Oberheiden & McMurrey, LLP for Your Free Case Assessment
If you need to speak with a federal criminal defense lawyer, we encourage you to contact us immediately to schedule your free case assessment. With multiple meeting locations across the nation, we represent clients in federal law cases nationwide. To speak with our defense team in confidence, call us 24/7 at (888) 452-2503, or submit your case online and we will respond as soon as possible.