Federal Criminal Defense Lawyer

Federal Criminal Defense Cases

Federal cases are complicated, with difficult to understand federal sentencing guidelines, strict deadlines and more written pleadings than are usually required when defending a case in state court. Federal criminal defense cases require additional expertise and years of experience on the part of an attorney in Federal Court. Consequently, it’s imperative that anyone charged with a federal crime engage an attorney who has tried cases in federal court. Heath Hyde has handled hundreds of Federal criminal cases, not only in Texas and other cities in Texas but in Federal courts throughout the United States.

Federal Crimes – Texas Federal Criminal Defense Lawyers

Texas Federal Criminal Defense Lawyer Heath Hyde is dedicated to providing aggressive and ethical representation to individuals and businesses charged with criminal offenses including:

• Financial Fraud – White Collar Crime
• Healthcare Fraud -Medicare and Medicaid
• Pharmacy Fraud
• Healthcare compliance
• Computer Cyber Crimes – Hacking
• Tax Fraud / IRS Crime
• Drug Possession & Trafficking
• Child Pornography and Sex Crimes
• Forfeiture Cases
• Securities / Broker Fraud
• PPC Loan Fraud
• EIDL Loan Fraud
• Capital Murder
• Federal Murder Case
• Federal Agriculture disputes
• Eminent Domain Settlements
• Grand Jury Subpoenas
• USDA APHIS Investigations
• IES Investigations
• OIG Investigations
• SEC Investigations
• ATF Investigations
• High Stakes Super Criminal State Cases
• Qui tam FCA defense

Heath Hyde is an experienced federal criminal defense lawyer based in Texas, who has 30 years of combined experience defending cases in federal court. Despite the fact that the conviction rate in Federal court is approximately 90-95%, Heath Hyde has won approximately 90% of his Federal cases at trial.

Heath Hyde has represented defendants charged with virtually every kind of Federal case.

Financial Fruad

Federal white-collar criminal investigations encompass a wide variety of alleged crimes, but most involve some allegations of fraud. In such cases, it is important not to simply hire any federal criminal defense lawyer. One should hire a lawyer that specializes in federal criminal defense. Heath Hyde is an experienced federal criminal defense lawyer based in Texas who frequently defends individuals accused of federal fraud crimes.

Federal Healthcare Fraud Cases

The federal government is targeting healthcare professionals for prosecution, and many United States Attorney’s offices have prosecutors dedicated solely to prosecuting healthcare fraud. A doctor charged with healthcare & Medicare fraud who faced a prison sentence and loss of his medical license.

Pharmacy Fraud

The retail value of prescription drugs filled annually in the United States exceeds $300 billion per year. A large proportion of those prescriptions are paid by government-sponsored health insurance plans such as Medicaid, Medicare Part D, TRICARE, or the Federal Employees Health Benefits Program. The immense size and scope of the prescription drug industry makes it relatively easy for pharmacy chains to engage in behavior that results in fraud upon the Government.

Common pharmacy fraud schemes include:

• Prescription drug switching – substituting a more expensive drug for a cheaper one
• Billing for a false or nonexistent prescription
• Billing multiple payors for the same prescription
• Billing for brand name drugs when generic drugs are dispensed
• Filling less than the prescribed quantity of a drug

Federal Healthcare Compliance

Compliance Programs for Physicians

Establishing and following a compliance program will help physicians avoid fraudulent activities and ensure that they are submitting true and accurate claims. The following seven components provide a solid basis upon which a physician practice can create a voluntary compliance program:

For more information on compliance programs for physicians, see OIG’s Compliance Program Guidance for Individual and Small Group Physician Practices

• Conduct internal monitoring and auditing.
• Implement compliance and practice standards.
• Designate a compliance officer or contact.
• Conduct appropriate training and education.
• Respond appropriately to detected offenses and develop corrective action.
• Develop open lines of communication with employees.
• Enforce disciplinary standards through well-publicized guidelines.

With the passage of the Patient Protection and Affordable Care Act of 2010, physicians who treat Medicare and Medicaid beneficiaries will be required to establish a compliance program.

Federal Computer Crimes

Increasingly, the State and Federal Courts are charging individuals with crimes that pertain to the internet. Many fraud crimes now alleged make use of the internet, and it is not unusual to be charged in Federal court with the allegation of “hacking” into computer systems.

Not only do offenses involving the internet raise many complicated legal issues, they usually raise numerous complicated technical issues. In addition, in Federal court there are often enhanced penalties if the internet is alleged to have been employed in the commission of the crime. Heath Hyde Texas Internet criminal defense lawyers have successfully defended several clients charged with Federal computer crimes at trial.

• Client was charged with computer sabotage in Sherman, Texas. The jury returned a verdict of NOT GUILTY of all counts by the jury.
• Another client was charged with computer sabotage in Fort Worth. The jury found the client NOT GUILTY on all counts.

Federal Tax Fraud Cases

A Texas jury returned a NOT GUILTY verdict in a tax fraud case in which a client was charged with two of his brothers of filing 27 false corporate tax returns. Learn more about IRS/Tax fraud crimes here.

Federal Drug Trafficking Cases

The penalties facing persons charged with drug trafficking in federal court can be astonishing. For example, a defendant, without any criminal record, may face a minimum of ten years in federal prison based upon drug charges.

Federal Child Pornography Cases

The Federal government is devoting an enormous amount of its law enforcement resources to prosecute child pornography cases.

Forfeiture Cases

Often clients are charged with Federal criminal offenses and have valuable property seized. In other instances, the Federal government simply seizes property or cash from someone suspected of some involvement in crime. Heath Hyde has extensive experience not only representing defendants charged with crimes in Federal court but also contesting these seizures in causing the government to return some, if not all, the money seized.

• Client had $300,000 cash seized while driving in West Texas. District Attorney returned 100% of seized funds.
• Client had $68,000 cash seized during search of home. U.S. Attorney’s Office returned 100% of funds.

Securities/Broker Fraud – SEC Investigations

SEC Fraud Defense: Common Allegations in SEC Fraud Investigations

In a press release announcing the publication of the SEC Enforcement Division’s 2019 Annual Report, the SEC confirmed that it is continuing to target its securities fraud enforcement efforts based on five core principles. These five core principles are:

• Focus on the Main Street investor,
• Focus on individual accountability,
• Keep pace with technological change,
• Impose remedies that most effectively further enforcement goals, and
• Constantly assess the allocation of resources.

Guided by these principles, the SEC brought a “diverse mix” of enforcement actions during fiscal year 2019. As summarized in the SEC’s press release:

“In fiscal year 2019, the SEC brought a diverse mix of 862 enforcement actions, including 526 standalone actions. These actions addressed a broad range of significant issues, including issuer disclosure/accounting violations; auditor misconduct; investment advisory issues; securities offerings; market manipulation; insider trading; and broker-dealer misconduct. Through these actions, the SEC obtained judgments and orders totaling more than $4.3 billion in disgorgement and penalties. Importantly, the SEC also returned roughly $1.2 billion to harmed investors as a result of enforcement actions.”

On average, this translates to nearly $6.4 million in disgorgement, penalties, and restitution per SEC fraud enforcement action. But, in large-scale civil and criminal investigations, it is not unusual for the SEC and DOJ to seek tens or hundreds of millions of dollars in total penalties.

As you can see from the five core principles listed above, the SEC devotes a significant portion of its enforcement efforts to targeting individuals and companies suspected of having direct involvement in fraudulent practices that harm individual investors. However, this itself is an extraordinarily broad category of fraud-related offenses, and the SEC’s focus on technology and allocation of resources means that we are often able to identify trends in securities fraud enforcement from year to year. For example, recent focuses of SEC, DOJ, and other federal agency law enforcement efforts have included:

• Cryptocurrency Fraud – From blockchain investment scams to fraudulent initial coin offerings (ICOs), the SEC is actively targeting various types of fraudulent practices involving Bitcoin and other cryptocurrencies. This is an evolving area of the law, and in many cases the existing securities laws are not well-equipped to address cryptocurrency-related issues.
• Cannabis and CBD Investment Fraud – Cannabis and CBD investments are also high on the SEC’s radar. In addition to SEC enforcement measures, companies targeted in cannabis and CBD-related investigations are frequently facing allegations of money laundering and other related charges as well.
• Mobile Trading and Investing Apps – On the technology side, mobile trading and investing apps are facing close scrutiny from the SEC. From tech startups to large Wall Street investment firms, all types of companies are releasing apps that are subject to a bevy of federal securities laws and regulations, and even unintentional oversights can lead to fraud allegations. This is particularly true in cases where regulatory and statutory violations create a risk of financial loss for app users.
• Social Media Solicitations – While mail and email solicitations are still the root cause of many SEC fraud investigations, increasingly, the SEC is investigating companies and scam artists that target investors through social media. The same rules that apply to mail and email solicitations apply to social media solicitations as well, and companies and individuals that fail to comply with SEC marketing rules can face steep penalties.
• High–Tech and Biomedical Investment Scams – With the current rate of technological advancement, high-tech and biomedical investment scams have also garnered the SEC’s and DOJ’s attention in recent years. Companies offering investment opportunities linked to next-generation innovations must be extremely careful to ensure compliance with all applicable SEC filing, registration, and exemption requirements.

More generally, practices that are likely to lead to SEC fraud investigations include:

• Misrepresentation or Omission of Material Information – The requirement for companies and investment advisors to provide complete and accurate information to investors is a foundational principle of the federal securities law regime. Misrepresentation and omission of material information are among the most common allegations in SEC fraud investigations.
• Manipulation of the Market Price of Securities – Allegations of market manipulation can take a variety of different forms, from allegedly withholding or delaying the release of material information to perpetrating “pump and dump” schemes that reap substantial profits while resulting in substantial losses for other investors. In all cases, successfully fending off allegations of market manipulation requires the advice and representation of experienced federal defense counsel.
• Theft of Customer Funds or Securities – Theft of customer funds and theft of securities are common allegations against advisory firms and individual investment advisors. Similar to other forms of SEC fraud, these allegations can take several different forms, from diversion of customer deposits to unauthorized trading, and from churning customers’ accounts to charging excessive commissions.
• Broker–Dealer Fraud – Allegations of broker-dealer fraud often fall into one of the categories listed above. The SEC works closely with the Financial Industry Regulatory Authority (FINRA) and other governing bodies to regulate and enforce broker-dealers’ statutory and regulatory obligations.
• Insider Trading – Although it does not grab mainstream headlines like it used to, insider trading is still a top fraud enforcement priority for the SEC. The SEC regularly pursues administrative, civil, and criminal enforcement action against company insiders, tippers, and tippees who unlawfully take advantage of material non-public information.
• Sale of Unregistered Securities – While there are several exceptions to the federal securities registration requirements, executing a sale prior to securing an available exemption constitutes SEC fraud. We represent individuals and corporate clients in cases involving allegations of failure to secure registration exemptions as well as the fraudulent sale of securities that are required to be registered with the SEC.
• Embezzlement and Financial Fraud – Embezzlement, accounting violations, and other forms of financial fraud are common allegations in SEC fraud cases as well. While it is possible for these types of allegations to trigger investigations involving the SEC’s Enforcement Division, in many cases these allegations will flow from evidence uncovered during the investigative process.

PPP Loan Fraud / PPC Investigations

Fraud can occur in PPP and other federal programs

Deliberately or unintentionally, the crime of fraud can occur in PPP and other federal programs that administer funds.

In the past, such programs that had fraud cases have included hurricane relief and the Troubled Asset Relief Program (TARP) run by the U.S. Treasury to stabilize the country’s financial system, restore economic growth and mitigate foreclosures after the financial crisis of 2008.

According to Forbes magazine, the PPP program was set up to close many of the loopholes which were used to commit fraud during other federal programs.

Even so, some cases of PPP fraud—or “alleged” PPP fraud—still may arise.

If and when that happens, Texas business owners are advised to engage a knowledgeable and experienced Texas white collar crime defense lawyer to protect their legal rights.

It’s believed that the chief focus for criminal prosecution of alleged fraud cases will be what is considered outright fraud, rather than incorrect but genuine misunderstandings of the PPP program. Also, Forbes reports that prosecutors tend to pass on cases in which a business had competent legal counsel to advise them during the process.

However, fraud and abuse are expected to be focused on by the government post-funding. Such a focus will include investigative task forces and auditors.

It won’t help that a loan was relatively small or that the conduct of others was worse. If a PPP recipient comes to the federal government’s attention in a way that suggests PPP fraud, you can expect that case to be investigated. Loans may be forgiven in many other cases, but when the specter of fraud arises, federal authorities are likely to pounce.

When and where can PPP fraud arise?

As for when and where such PPP fraud can arise, that can include a variety of stages in the PPP loan process. This starts with the application process, when fraud can arise if a business is dishonest or not fully forthcoming in filling out its loan application.

PPP fraud also may arise if circumstances of the business change between the time of the application and the time of its approval. Businesses should be forthright in reporting such changes of circumstances.

Fraud for PPP loans can also occur when funds are not spent properly, when businesses fail to respond properly to government inquiries or requests for updates, and when businesses respond improperly to audits.

According to JD Supra, some problems may have arisen at the start, since businesses and the federal government acted quickly when the PPP program was launched, “perhaps without the normal care that would be exhibited when dealing with such large amounts of money.”

Businesses rightly perceived a limited time to act in order to receive much-needed funds, and such haste may have led to inaccuracies.

“Subsequent reporting indicates that some businesses receiving funding were not necessarily the intended beneficiaries of the Program,” JD Supra reports. “Other loans made under the Program were likely procured through misrepresentations and fraud.”

How To Avoid PPP Loan Fraud / PPP Compliance

Businesses should keep in mind that there are federal bounties to reward whistleblowers who report misconduct involving federal programs. Whistleblower complaints should be taken seriously and not swept under a carpet of concealment.

Also, keep in mind that a start-up business in a highly regulated area may be more likely to draw attention for further government oversight. A PPP fraud investigation may arise as the result of an earlier, unrelated inquiry.

It’s vital that courts and regulators do not perceive, however unfairly, that your business has taken advantage of the pandemic in terms of greed or excess. Even after the COVID-19 crisis subsides, businesses that took PPP loans should avoid perks, executive bonuses (cash or equity), excessive marketing expenses, costly holiday parties, non-essential capital improvements and the use of such things as limos.

In fact, it’s suggested that executives take pay cuts and board members forego compensation for up to 1 year.

Businesses also should avoid any language in emails, texts or other formats referring to “free money” or “government handouts.” A PPP load should be strictly a matter of urgent need and not a way to take advantage of a government program designed for such needs.

In short, it should be clear to federal regulators that funds from a PPP loan were used for the purposes to which they were intended: keeping a business afloat during troubled times. That way, the funds’ use could be defended if the business eventually was investigated for PPP fraud.

Engage a PPP fraud defense lawyer

Even if you keep all these things in mind and administer your loan properly, circumstances could suggest otherwise and could place you in a federal investigation’s spotlight for PPP fraud. If that is the case, know that you can engage a skilled PPP fraud defense lawyer for the state of Texas.

EIDL Loan Fraud

Can I be Charged with EIDL Loan Fraud?

Congress passed the CARES Act on March 29, 2020 which created billions of dollars to provide Economic Injury Disaster Loans (EIDL) to individuals who owned businesses negatively impacted by the COVID-19 Pandemic. The EIDL loan provided most businesses up to $150,000 in loans that were supposed to help provide “working capital” to businesses. The loan also provided extremely favorable repayment options including 3.75% interest, 12 month deferral period, and a 30 year repayment plan.

While most business have used the EIDL loan as a lifeline during the COVID Pandemic, there have been individuals that have taken advantage of the federal government’s financial goodwill. In August of this year, the federal government indicted two individuals who allegedly submitted false documentation that they owned a farm with numerous employees. The government’s complaint alleges that the defendant’s farm did not exist and they had no employees.

It is very possible that the federal government has barely scratched the surface of this type of improper conduct and there will be more cases similar to this one that will be prosecuted in the near future.

How Can I be Charged with EIDL Loan Fraud?

EIDL Loan Fraud generally involves an individual who lies about his or her income or submits false documentation of his or her income for the purposes of obtaining a higher EIDL loan. The EIDL application is generally done online. Because businesses needed funding so quickly during the COVID pandemic, the government had very lax rules regarding proving income on EIDL applications. In fact, unlike PPP loan applications, EIDL applications did not require an individual to provide any supporting documentation of their 2019 income on their initial application! Applicants could simply write in any amount that they wanted for their earned income.

The lack of required documents and government review resulted in a very easy fraudulent scheme for some applicants who simply fraudulently stated they earned a higher income to receive a bigger loan payment.

If an individual misrepresents their income on an EIDL loan application, they could be subjected to numerous federal criminal charges including 1) Bank Fraud for misrepresenting facts on the application to the bank, 2) Wire Fraud if the money was sent to their bank account via wire transfer, 3) Mail Fraud if documents or applications were sent via the U.S. Postal Service, or 4) Identity Theft if another person’s identity was used in applying for the EIDL loan application.

Penalties for EIDL Loan Fraud

Each of the criminal charges above carries serious potential consequences.

1. Bank Fraud– Punishable by up to 30 years in a federal prison and a $1,000,000 fine.
2. Wire Fraud –Punishable by up to 30 years in a federal prison and a $1,000,000 fine.
3. Mail Fraud– Punishable by up to 30 years in a federal prison and a $1,000,000 fine.
4. Identity Theft– Punishable by up to 30 years in a federal prison and a $1,000,000 fine. The crime can also be punishable by a minimum mandatory sentence of 2 years which will run consecutively to any other conviction.

In addition to the penalties above, arrests or convictions for any of these criminal charges could result in the individual to being placed in removal proceedings if they are not a United States citizen.

Defenses to EIDL Loan Fraud

An arrest for a crime does not always result in a conviction. If you, or someone you know, is arrested for any of the crimes related to PPP loan fraud, they may have several defenses available to them.

The federal government has the burden to generally prove that the defendant knowingly misrepresented facts on his or her EIDL loan application. Therefore, a defendant could conceivably argue in an EIDL fraud case that any inflated amount of income on his or her application could have been due to mistake or neglect. If you are being investigated for any crime related to EIDL Loan Fraud in Miami, FL, you will need a federal criminal defense lawyer with vast criminal defense experience. The crimes associated with EIDL loan fraud have serious consequences and your freedom could be at stake.

How To Avoid EIDL Loan Fraud / EIDL Compliance

Businesses should keep in mind that there are federal bounties to reward whistleblowers who report misconduct involving federal programs. Whistleblower complaints should be taken seriously and not swept under a carpet of concealment.

Also, keep in mind that a start-up business in a highly regulated area may be more likely to draw attention for further government oversight. A PPP fraud investigation may arise as the result of an earlier, unrelated inquiry.

It’s vital that courts and regulators do not perceive, however unfairly, that your business has taken advantage of the pandemic in terms of greed or excess. Even after the COVID-19 crisis subsides, businesses that took PPP loans should avoid perks, executive bonuses (cash or equity), excessive marketing expenses, costly holiday parties, non-essential capital improvements and the use of such things as limos.

In fact, it’s suggested that executives take pay cuts and board members forego compensation for up to 1 year.

Businesses also should avoid any language in emails, texts or other formats referring to “free money” or “government handouts.” A PPP load should be strictly a matter of urgent need and not a way to take advantage of a government program designed for such needs.

In short, it should be clear to federal regulators that funds from a PPP loan were used for the purposes to which they were intended: keeping a business afloat during troubled times. That way, the funds’ use could be defended if the business eventually was investigated for PPP fraud.

Engage a EIDL fraud defense lawyer

Even if you keep all these things in mind and administer your loan properly, circumstances could suggest otherwise and could place you in a federal investigation’s spotlight for PPP fraud. If that is the case, know that you can engage a skilled EIDL fraud defense lawyer for the state of Texas. Heath Hyde is an expert at staying legally compliant with all SBA EIDL loan reporting requirements and maintains a good relationship with the SBA to facilitate positive communications.

Capital Murder Cases

Explaining Texas Penalties for Capital Murder

Capital murder cases in Dallas and all over Texas are taken extremely seriously. Prosecutors will be working overtime to see that allegations against the defendant stick and that a conviction is attained.

An individual can receive capital punishment for the following:

• The murder of a police officer or fireman on duty;
• Homicide connected to a robbery, burglary, sexual assault or kidnapping;
• Multiple homicides or a victim under the age of 6.

Capital punishment may be given for capital offenses committed by minors of 17.

Facing capital murder charges is perhaps the most frightening thing anyone could ever go through. When your life is on the line, you absolutely need an experienced Dallas criminal defense lawyer. A capital offense is any crime punishable by the death penalty. Often, the court will not allow bail for the defendant. This leaves the accused with very little option. Heath Hyde is a dedicated federal criminal defense lawyer who has helped clients facing the death penalty in Texas.

Heath Hyde has been on both sides of criminal court—as a District Attorney and defense attorney—which gives the client a huge advantage. Having experience with how a prosecutor thinks and strategizes is exactly what you need in this serious situation so a strong and aggressive defense can be put forth in your favor. Heath Hyde is dedicated solely to criminal defense for over 25 years.

Heath Hyde is purely client driven and focuses on aggressive one on one representation. In this serious situation, you need someone fighting hard for you and your rights. You do not have a single moment to waste in a case involving capital offenses.

Federal Murder Case

Generally, the crime of murder is prosecuted in state courts as a state crime. But murder becomes a federal crime when it occurs in violation of federal law, or when it takes place on a federal land or territory. Examples of when this occurs include when a murder is of a federal judge or a federal law enforcement official and when a person kills another human being during the commission of a bank robbery.

Federal murder cases can get charged as either first-degree murder or second-degree murder. First-degree murder is the more serious of the two and can lead to life in prison or the death penalty. A second-degree murder conviction can mean years in federal prison or even a life-term sentence.

A defendant can raise a legal defense to challenge a federal murder charge. Some defenses include the defendant showing that he/she:

• acted in self-defense,
• committed an accidental killing, or
• acted by reason of insanity.

The determination as to whether a murder charge is brought in state court vs. federal court is based on whether the accused violated:

• a state law, or
• a federal criminal law.

Eminent Domain

Eminent domain is the power of the State or Federal Government to force property owners to sell their private property for public use. Private companies and individuals may also use the power of eminent domain granted to them by government to take private property. The process by which property is taken is known as “condemnation”. Texas continued economic growth requires the expansion and improvement of infrastructure, facilities, and buildings. As the population of Texas continues to grow, the need increases. 

However, most seeking to take property through condemnation generally assign low values properties they wish to take control and completely ignore or attempt to diminish any damages to the remaining property. Further, complex procedural requirements and law often make it difficult for property owners to obtain what they are constitutionally owed on their own. Heath Hyde is passionate about defending individuals and companies at risk of losing their land to eminent domain.

Grand Jury Subpoena

If you receive a subpoena in a federal grand jury investigation, is important to be proactive because it may be the beginning of a long and drawn-out investigation that could result in you or your company facing criminal liability.

I know from past experiences that lots of good people — people with families, people who have fought tooth and nail to build their businesses or professional careers — have faced scrutiny from law enforcement. They have survived it and moved forward with their lives. But in the beginning, everyone usually starts in the same place with the same types of questions.

What does a grand jury subpoena mean? It means that law enforcement believes you have evidence or could provide testimony that would help them in their criminal investigation.

That’s not necessarily a problem, is it? It depends. It very well may be the case that law enforcement is not focused on you or your company in particular, and instead wants you to help provide them information about others. Whenever you are connected to a criminal investigation in any way, you have to proceed very carefully.

Why is that? If law enforcement looks closely at your practices, they may find that you have potential liability of your own. If you give prosecutors enough information and time, you never know what they’ll find by the time they’re done searching.

Can you figure out early on whether the government is looking at potentially charging you or your company? Sometimes the government will tell you upfront if you ask the right questions. Otherwise, you need an experienced lawyer who’s used to dealing with complex white collar investigations to help you determine whether or not you have potential liability, based in part on communications with the government.

What happens if the government is looking at charging you or your company? There are strategies by which we can manage the government’s investigation to try to convince the government not to proceed, narrow the investigation, or help you develop potential defenses. Government investigations often drag on for years, and it’s important that you actively and aggressively manage your defense throughout the course of the investigation.

If you just sit back and wait for the government to charge you, you’ll be caught unprepared when they decide to seek charges. By that time, they will have all their ducks in a row and be ready to proceed, potentially with a broader and more damaging indictment than you might have seen had you actively managed the investigation.

Unlike in the movies, when federal agents show up banging on your door, it’s unlikely that an indictment would be a complete surprise, right? It may not be a surprise; you may have heard from investigators, or your attorney may have been in contact with law enforcement. But it can be nonetheless startling when it finally happens.

A person who is charged has to deal with the public knowing about these accusations. Can you imagine telling your parents or spouse that you’re about to be charged with a crime? Those are not easy conversations to have.

Before the Internet, an indictment might not be noticed unless someone was specifically asking or looking for it. But now, for the rest of your life, your indictment will pop up in search results whenever someone searches for your name online.

It sounds like you really want to avoid an indictment in the first place? No question. The best approach is to actively manage an investigation early on, long before the government considers indicting anyone.

What are the challenges of being under investigation? For one thing, you can’t talk to many people about what’s happening, because your conversations could be used against you in the proceedings, if those people are called as witnesses. For some defendants, the only person they can talk to is their lawyer. In this role, I frequently serve as almost a guidance counselor to my clients. I listen to their worries and concerns, and try to provide some perspective and calm. It’s rare that you can be a true confidant and advisor to a person on the precipice of a life-altering event. I’m honored to serve in this role for my clients.

What are the immediate impacts of an indictment? For many people, their employment can be affected right away. Especially if you’re facing charges related to your actions as a licensed professional, for example as a physician or trader. There are steps you can take to mitigate these effects.

You can often expect some level of media coverage. All indictments are made public shortly after they’re served, and they often contain details about the allegations. In cases of alleged fraud, indictments could contain dollar amounts, which, depending on their size, could spur significant media attention. This is difficult, because obviously a charging document only tells one side of the story. As you weigh whether or not to respond to media inquiries, that’s something to consider.

USDA/APHIS Investigations

Investigative Process

• When APHIS personnel discover a potential violation of an APHIS-administered law, they may request a formal investigation by IES.
• The investigation is a fact-finding mission, which may include collecting documents, taking photographs, and interviewing witnesses including the alleged violator.
• When an alleged violator is interviewed as part of the investigative process, IES provides the alleged violator with the opportunity to submit any evidence that may demonstrate they did not violate an APHIS-administered law.
• Once the investigation is complete, the investigator prepares a report of investigation (ROI), which summarizes the investigative findings.
• The investigator sends the ROI and all evidence collected to IES’ enforcement staff for review

Enforcement Process

• When the enforcement staff receives the ROI and accompanying evidence, a specialist reviews and analyzes this information to determine if the violation is substantiated by the evidence provided.
• If the evidence shows a violation occurred, the enforcement staff determines whether an enforcement action is appropriate.
• When preparing penalty recommendations, IES relies on the penalty provisions contained in the relevant APHIS-administered law. Each statute contains a unique provision, and IES applies penalty adjustments for aggravating and mitigating factors.
• Before carrying out any enforcement action, IES consults with the referring program.
• Enforcement actions may include an official warning, a voluntary settlement agreement, a referral to USDA’s Office of the General Counsel (OGC) to institute an administrative proceeding or, in cases involving the most serious violations, a referral to the U.S. Department of Justice for civil or criminal action.
• When IES issues an official warning, it closes the investigative file involving the alleged violation.
• Pre-litigation settlement agreements.
  • IES may offer to alleged violators pre-litigation settlement agreements. These may include monetary penalties or other sanctions, and generally contain terms that are more favorable to the alleged violator than what APHIS would seek through administrative, civil, or criminal action.
  • If the alleged violator accepts the settlement agreement, IES closes its investigative file. If the alleged violator does not accept the settlement agreement, IES will refer the violation to OGC for administrative action.

IES may also refer a violation directly to OGC for administrative action without first offering a settlement agreement. The Rules of Practice Applicable to Proceedings Pending Before the Secretary of Agriculture govern all proceedings filed by OGC.

Unlike state court, criminal cases tend to progress quickly in federal court. Generally, the Speedy Trial Act requires that an indictment must be sought within thirty days of a person’s arrest. Similarly, although there are exceptions for complex cases and cases requiring pretrial motions, the Speedy Trial Act requires that a case be tried seventy days from either the date a person is arrested or the date an indictment is returned against the person, whichever is later.

• What are some of my important rights in federal court?
• How do the sentencing guidelines work in federal court? Am I eligible for probation?
• I am charged with a drug offense in federal court and have heard that there are severe penalties for drug cases in federal court, is that true?
• I have been offered a plea bargain instead of going to trial in federal court, should I accept the plea bargain?
• I have to meet with a probation officer who will be preparing my presentence report, should my lawyer go with me to this meeting?
• I either lost my trial or pleaded guilty in federal court, but I am not satisfied with the outcome, is there anything I can do?
• Will I serve my whole sentence in a federal case?
• Difference Between an Appeal and an Application for Writ of Habeas Corpus