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

Try These 4 CBD Beer Cocktails

These days, people are finding more ways than ever to enjoy CBD. They’re adding powdered CBD isolate to their morning smoothies. They’re drizzling CBD oil over their salads. They’re even buying whole CBD hemp flowers and smoking them. The one thing you won’t find, though, is a CBD-infused alcoholic beverage. That’s a serious no-no according to the FDA, as CBD isn’t permitted at this time as an additive for alcoholic drinks. That hasn’t stopped a few companies from making CBD-infused low-alcohol near beers, but those companies are treading questionable legal ground – and anyway, beer is a lot less fun when it’s incomplete.

We can do better than that. The next time you’re in the mood to get your daily dose of CBD in a different way, try adding a dropper to one of these classic beer-based cocktails. They pair wonderfully with flavored CBD oils such as those made by Crescent Canna, which are available in three tasty natural flavors: strawberry, peppermint and mandarin lime. Let’s get mixing!
CBD Michelada
If you enjoy a cocktail that’s full of savory ingredients and tastes almost like a meal in a glass, the michelada is a beer-based cocktail that’s probably going to be right up your alley. Originating during the 1960s, the michelada is a stone-cold classic in Mexican bars and is one of the flavors that people crave most after returning home from vacations in Mexico. If you enjoy the Bloody Mary cocktail, you’re going to find that the michelada has a very comparable flavor profile, not to mention a far lower alcohol content. This CBD beer cocktail is absolutely wonderful on a hot day. Visit here

Federal Criminal Defense Attorneys

Our experienced federal criminal defense practice consists of representing individual and corporate clients accused of fraud, financial crimes, drug crimes, and other serious white-collar offenses. Our clients include business owners and executives, board members, healthcare providers and other licensed professionals, politicians, public figures, and companies ranging from small businesses to multi-national corporations, and we handle cases involving all federal agencies and task forces. While federal criminal cases can involve a broad array of allegations under a multitude of different statutes.
Various issues have the potential to arise during the course of a federal criminal defense case, and you need the best Dallas federal criminal lawyers to handle them. When taking timely and effective action can mean the difference between avoiding allegations altogether and facing a conviction at trial, you need to make sure that you are doing everything possible to resolve your federal case as quickly and strategically as possible. Visit here

Federal Authorities are Targeting Continuous Glucose Monitoring (CGM) Device Reimbursement Claims Nationwide

The Centers for Medicare and Medicaid Services (CMS) expanded Medicare coverage for continuous glucose monitoring (CGM) devices in 2018. This led to a substantial increase in Medicare reimbursement requests for these devices—which in turn led to enhanced scrutiny of the health care providers, pharmacies, and other entities submitting these reimbursement claims. One particular area of concern which is proving problematic for many Medicare participants in 2021 is the classification of CGM devices as durable medical equipment (DME).

“There are several potential stumbling blocks for Medicare participants when it comes to billing for CGM—including issues with regard to the classification of CGM as DME. CGM billing compliance is currently a nationwide enforcement priority, and entities that fail to establish and maintain compliance can face substantial liability in the event of an audit or investigation.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

Establish Clear Lines of Communication and a Chain of Command

All internal personnel should be instructed not to communicate with auditors or agents directly. There should be a clear chain of command, and all communications with federal authorities should be routed through the practice’s or company’s defense counsel. Read more

What Are the Side Effects of CBD Oil

 While pharmaceutical drugs are often developed to target particular bodily systems and provide particular effects, Mother Nature is not always so exacting. The effects of organic compounds can be many and can vary from person to person. Oftentimes herbal compounds can have both desired effects and unwanted effects. We call these unwanted effects adverse side effects.

In order to determine the adverse side effects, you need to know what the desired effects are. The effects which are desired by one user may be side effects for another user. As a result, it could make identifying side effects tricky.

Let’s look at an example of how CBD might work differently for different people. Some people use CBD oil in order to support a good night of rest but may also feel drowsiness during the day. If you want to feel awake during the day, as most do, feeling sleepy would be an unwanted side effect. Know more