Understanding the Three Stages of Federal Criminal Prosecution

The federal criminal justice process can be broken down into three primary stages. We represent clients at each stage, deploying varying case strategies that are focused on the particular procedural, legal, and factual circumstances involved.

1. Federal Investigation

Most federal cases begin with an investigation. This investigation could last for days, weeks, or months, and it could involve one or multiple federal agencies and task forces. During the investigative stage, our primary goal is to prevent charges from being filed. If you aren’t charged, you can’t be convicted, and this means that you won’t be at risk for going to prison for a very long time.

2. Grand Jury Subpoena

At the federal level, criminal charges are issued through the grand jury process. Federal prosecutors must present their evidence to the grand jury, and the jurors are responsible for deciding whether there is “probable cause” to move forward with a criminal case. Executing a defense during the grand jury process is unique in many respects, and our Florida federal criminal defense attorneys have successfully defended numerous clients resulting in termination of the case without charges being filed.

3. Criminal Trial

If you get indicted by a federal grand jury, then your case will be set for trial. However, this does not necessarily mean that you will need to fight for your freedom in court. While we have an extensive federal trial record, our federal defense attorneys have also succeeded in getting indictments dismissed prior to trial and negotiating plea deals that have protected our clients from prison. Read more

What are the Penalties for FCPA Violations

In civil enforcement actions under the FCPA, penalties include fines of up to $10,000 per violation. These penalties can be imposed against issuers; corporate domestic concerns; company officers, directors, employees, and agents; and, foreign nationals. The SEC also has the authority to seek enhanced penalties equal to the amount of the financial gain achieved as a result of the violation or up to $500,000, whichever is greater. The SEC and DOJ can seek injunctive relief as well in order to prevent future bribes in violation of the FCPA.

There are two types of FCPA certifications. Some commercial entities offer “FCPA Certification” programs that provide training on the statute’s requirements. While this training can be useful, the certification itself is not regulatory in nature and generally does not provide much commercial value. Typically, companies will find it more effective to hire FCPA compliance counsel to provide training that is custom-tailored to their specific operations rather to put their employees through a generic training program.

The other type of FCPA certification is a contractual certification that one or both parties to the contract will abstain from violating the FCPA. Obtaining these certifications can be an essential component of an FCPA compliance program, as companies can face exposure due to the acts of third parties in some circumstances. Additionally, the U.S. Government requires foreign entities to certify to FCPA compliance in some cases. Visit here

About Our Environmental Litigation Defense Law Firm

If you need advice regarding environmental compliance or investigations, do not hesitate to contact our environmental law team today.

A violation of environmental regulations can result in civil sanctions and criminal penalties as well as irreparable damage to your reputation.

At Oberheiden, P.C., our EPA defense attorneys are recognized leaders in defending against administrative and civil or criminal enforcement actions alleging violations of environmental regulations.

Our attorneys regularly advise companies on issues regarding environmental litigation including contamination and waste allegations, environmental tort claims, contractual disputes, asbestos, air quality, environmental insurance coverage, climate change, and issues regarding legislation such as the Clean Air Act or Clean Water Act.

We are competent to provide defense strategies in response to both civil and criminal charges.

Put Oberheiden, P.C. on your side today to fight for your liberty and reputation. Get more