Nick Oberheiden, Ph.D.
Dr. Nick Oberheiden focuses his legal practice on white collar defense, company compliance, and civil litigation defense – broad practice areas that encompass numerous smaller legal issues. Previous clients have included individuals and businesses facing government audits, civil litigation, and criminal charges. Notable among them have been some of the same government officials that Nick has opposed while defending other clients: When these officials needed a defense lawyer of their own, they turned to Nick.
Nick practices a wide range of federal criminal defense, civil litigation defense, and corporate compliance matters.
Some common types of criminal charges that Nick defends against include:
- DUI / DWI
- Identity theft
- Money laundering
- Tax violations
- White collar crimes
Additionally, Nick has represented individuals and corporations facing a wide range of civil lawsuits, including the following:
Finally, Nick has also provided effective legal representation to clients who are facing a wide variety of investigations and administrative audits, including:
- Congressional investigations
- Inspections and audits by the DEA
- DEA disciplinary actions
- FTC investigations
- FDA healthcare fraud investigations
- Laboratory compliance
- Medical license defense
- Subpoenas from the OIG
Across the Country
Dr. Nick Oberheiden has provided legal services in these practice areas across the country, representing clients in 45 different states in the U.S., including in federal district courts in the following cities and states:
- El Paso
- Fort Worth
- Las Vegas
- Los Angeles
- New Hampshire
- New Orleans
- New York City
- Oklahoma City
- Salt Lake City
- San Antonio
- Washington D.C.
He is licensed to practice in Washington D.C. and in New York State, as well as in front of the following courts:
Supreme Court of the United States
The U.S. Court of Appeals for the:
- Second Circuit
- Fifth Circuit
- Sixth Circuit
- Ninth Circuit
- Eleventh Circuit
The following U.S. District Courts:
- Eastern District of Arkansas
- Western District of Arkansas
- District of Colorado
- Central District of Illinois
- Northern District of Illinois
- Southern District of Illinois
- Northern District of Indiana
- Southern District of Indiana
- Eastern District of Michigan
- Western District of Michigan
- Eastern District of Missouri
- District of Nebraska
- District of New Mexico
- Eastern District of New York
- Southern District of New York
- District of North Dakota
- Eastern District of Oklahoma
- Northern District of Oklahoma
- Western District of Oklahoma
- Eastern District of Texas
- Northern District of Texas
- Southern District of Texas
- Western District of Texas
- Eastern District of Wisconsin
- Western District of Wisconsin
Known for his effectiveness, savvy defense strategies, and analytical skills, Nick has guided clients in these areas through federal investigations. In many cases, Nick has persuaded the government to drop their investigation without filing charges. In others, he has taken the case to trial and won “not guilty” verdicts for his clients.
In the Media
Dr. Nick Oberheiden has been featured extensively in the media, appearing on TV or in the radio over 1,500 times on national and reputable news outlets such as:
- Fox News
- The Wall Street Journal
- Forbes Magazine
- Los Angeles Times
He has also appeared in more than 600 international newspapers.
Many of these appearances came during some of Nick’s high profile cases, including those involving:
- Michael Cohen
- Public corruption investigations
- The White House
- S. Department of State
- S. Department of Defense
- S. Department of Justice
- The Office of Inspector General
- Federal Bureau of Investigation
- S. House Committee on Ethics
In the Classroom
Dr. Nick Oberheiden brings a long and illustrious educational background to his law practice, including the following degrees:
- Juris Doctorate (J.D.) from the University of California, Los Angeles (UCLA), where he received the Morris Greenspan Award for Excellence in International Law
- D. from the University of Heidelberg School of Law
- Diplom Jurist, a master’s level law degree, from the Universities of Munich, Hamburg, Bochum
- Visiting Scholar at UCLA
- Research Fellow at UCLA
- Visiting Lawyer at the Supreme Court of Brazil
- Extern at the Office of the Prosecutor, ICTY, The Hague
In spite of the extremely busy career since graduating, Nick has also managed to teach and write about the law. He has published several books that have been widely circulated, in addition to regularly publishing legal articles and blog posts online about developments in the law. He has even taught federal civil procedure and constitutional law on four different continents. His Ph.D. thesis analyzed different methods of constitutional interpretation and included personal input from U.S. Supreme Court Justice Stephen Breyer, as well as the Chief Justice of Brazil, among others.
A Track Record of Success
Whether he is defending individuals or corporations against civil, criminal, or administrative actions, Nick has created a long track record of successes inside and outside of the courtroom. Whether this means navigating a company through a maze of compliance requirements and passing an audit, defending against a lawsuit, securing a not guilty verdict at a criminal trial, or quashing a federal investigation, Dr. Nick Oberheiden has done it.
Qui Tam and Whistleblower Defense
Dr. Nick Oberheiden has successfully defended against whistleblower allegations and qui tam claims across the U.S. Many of these have claimed that Nick’s client violated the False Claims Act, which can carry huge civil penalties. In many cases, a federal law enforcement agency has gotten involved.
The following is a small selection of representative cases:
- Healthcare fraud – dismissed. Nick was hired late in the case. By the time he was hired, the client, a nationally renowned rheumatologist, had spent three years fighting allegations of healthcare fraud and upcoding charges. She had spent hundreds of thousands of dollars on defense lawyers from the biggest law firm in her state, only to have them push her to admit to committing fraud, seemingly in order to get the case off their books. A settlement offer was on the table that would have reduced the civil penalties to pennies on the dollar, though this was still a substantial amount. When Nick got involved, though, he quickly saw the flaws in the defense strategy that was in place and rejected the settlement offer. After listening to the client’s story and how she had complied with the accepted standards of medicine, Nick persuaded the government to drop its intervention in this whistleblower case. Once they left, the relators dropped their claims and the judge dismissed the case, saving the client from a significant settlement, likely malpractice claims, and having to disclose the case for the rest of her career.
- Healthcare fraud – dismissed. In this whistleblower complaint, Nick represented the alleged ringleader in a pharmaceutical healthcare fraud case. A total of six defendants were accused of conspiracy to commit civil fraud against Medicare. Nick managed to expose the gaping weaknesses in the relators’ case against his client and get the claim dismissed against him. The five other co-defendants, who were hired by other lawyers, filed for a dismissal, as well, but no one was successful.
- Medicare fraud – dismissed. A toxicology laboratory started its day with a knock on the door from federal agents from the Office of Inspector General and the Department of Health and Human Services, who informed the lab’s executives that it was investigating a qui tam allegation for Medicare fraud. The executives called Nick, and he quickly went to work on an internal audit. Not only was the lab in compliance, but it had segregated Medicare samples to avoid a slippery slope of federal billing problems. Instead, Nick found the potential problems stemming from affiliated labs that the client dealt with. Nick worked closely with the government to shift their scrutiny to these other labs and the government declined to intervene in the qui tam case against the client. The court then dismissed the case.
FBI Investigations and Grand Jury Proceedings
Clients have also benefited from Nick’s stellar legal representation during the investigation stage of a potential civil or criminal case. Nick has represented individuals and corporate clients who are under investigation by federal law enforcement agencies from the DOJ to the FBI to ICE. The vast majority of these cases ended with no liability for Nick’s clients.
- Bribery and public corruption – no charges. Nick represented a client who had, years prior, been in a group of business owners, some of whom had used high-level public officials to secure federal bids. Nick managed to persuade attorneys from the FBI, IRS, and U.S. Marshall’s office downgrade his client from the target of the investigation to a subject of it, in exchange for providing information to the DOJ. The prosecutors agreed, and Nick’s client was not criminally charged.
- Federal bank and tax fraud – no charges. In this high-profile investigation, Nick’s client, a former business partner of the main target of the investigation, found himself surrounded by agents from the FBI who served him a grand jury subpoena. Before the client hired Nick, he let out information to law enforcement and to the national news. After Nick got involved, he and his legal team went about collecting the documents requested for the subpoena to find them filled with issues of national security. Nick then got the DOJ to agree to protect the information under national security immunity. After producing the documents, Nick’s client did not end up having to testify to the grand jury and was not a target in the investigation. He was never criminally charged.
Not all legal successes lead to dismissals and dropped charges. In some cases, the bulk of the points that an effective legal representation can score are in the sentencing phase. Nick’s clients have benefited from his strong and persuasive legal advice and arguments.
- Healthcare fraud – probation. A medical doctor admitted to causing more than $1.5 million in damages to the U.S. government. Given the offense and the high dollar amount, the punishment range was from 0 to 20 years, with similar cases suggesting that several years in prison would be expected. Nevertheless, Nick managed to convince the government and the court that probation was enough, and even persuaded them not to request the revocation of his client’s medical license.
- Computer crimes – probation. Convictions for federal computer crimes almost always lead to incarceration. In spite of the long odds, Nick argued that the specific circumstances of this case – a young defendant with no criminal history who fully cooperated with the investigation and who had made efforts to pay back the damage he had caused – only warranted probation. He managed to convince the government to not strongly oppose the request for probation at the sentencing hearing, and the judge approved the request.
SEC Investigations and Subpoenas
Nick also represents clients who are regulated by the Securities and Exchange Commission (SEC). When regulated professionals find themselves under investigation by the SEC, those who have turned to Nick have benefited greatly from his sound advice and excellent defense strategies.
- Securities fraud – no charges. When the client discovered that the SEC and FBI were investigating his business, he hired Nick. To ascertain what the specific allegations were about, Nick reached out to the supervising prosecutor while his team of former FBI agents conducted an internal review of the client’s company. They discovered that the investigation was an offspring of another SEC case, and that the SEC believed that the client had misrepresented material information and gave investment advice without the proper credentials. After reforming the company’s compliance standards, the client, represented by Nick, met with agents from the SEC, FBI, and DOJ to explain why the statements that had been made were not misrepresentative. Persuaded that there was no fraud, the government closed the case without filing charges.
To facilitate top-notch and personalized legal services for his clients, Dr. Nick Oberheiden can speak fluently in four different languages: