Ten Keys to Selecting an OFAC Sanctions Attorney

For financial institutions, companies, and individuals, dealing with the Office of Foreign Assets Control (OFAC) presents both challenges and risks. Several federal statutes fall within OFAC’s enforcement jurisdiction, and facing scrutiny from OFAC for alleged sanctions violations can entail significant exposure—including exposure to criminal prosecution in some cases.

With this in mind, when facing scrutiny from OFAC, it is critical to select an OFAC sanctions attorney who is capable of providing strategic and effective representation. Financial institutions, companies, and individuals need an attorney who is intimately familiar not only with the laws that govern OFAC’s sanctions programs, but also with OFAC’s investigative and enforcement practices. When facing scrutiny, an informed approach is critical, and targeted entities and individuals must be able to rely on their counsel to help them chart a safe path forward.

Factors to Consider When Choosing an OFAC Sanctions Attorney

So, how do you choose an attorney to represent you, your financial institution, or your company in OFAC sanctions-related matters? There are several factors to consider; and, while you may need to engage counsel to build a defense strategy and communicate with OFAC promptly, it is critical that you make an informed decision. With this in mind, here are 10 keys to selecting an OFAC sanctions attorney:

1. Practice Focus in the Area of Federal Compliance and Defense

Representing entities and individuals in complex and high-stakes federal legal matters is very different from representing clients in litigation and regulatory matters at the state level. As a result, if you need an OFAC sanctions attorney, it is important to choose an attorney who focuses his or her practice in the area of federal compliance and defense.

Relatively few law firms focus their practice on federal compliance and defense. At Oberheiden P.C., we are focused almost exclusively on representing clients in federal matters. We have significant experience dealing with nearly all federal law enforcement agencies—including OFAC—and our attorneys rely on this experience to provide insightful, forward-thinking, and practical legal advice to our clients.

2. Specific Experience Dealing with OFAC

Beyond a focus on federal compliance and defense, it is important to choose an attorney who has specific experience dealing with OFAC. There are several reasons why, with some of the most important reasons including:

• OFAC Has Numerous Sanctions Programs – OFAC administers numerous sanctions programs. When dealing with an OFAC sanctions-related matter, you need an attorney who is familiar with OFAC’s sanctions regime and who can interpret and apply the rules of the relevant program.
• OFAC Enforces Numerous Laws, Rules, and Regulations – Beyond its sanctions programs, OFAC enforces numerous laws, rules, and regulations. Individuals and entities dealing with OFAC sanctions matters need counsel who is familiar with all pertinent sources of federal authority.
• It is Important to Know How OFAC Operates – In addition to knowing the law, it is also important to know how OFAC operates. Having a clear understanding of OFAC’s organization and its enforcement practices is vital for executing an effective defense strategy.

Several of our attorneys have experience dealing with OFAC, and our team includes a former OFAC prosecutor as well as a former OFAC agent who serves as an expert consultant on our clients’ OFAC sanctions matters. As a result, we are familiar with OFAC’s priorities, tactics, and strategies, and we are able to use this familiarity to our clients’ advantage.

3. Experience in All OFAC-Related Matters

In addition to experience in the area of OFAC sanctions defense, it is important to choose an attorney who has experience dealing with other OFAC-related matters as well. From understanding the scope of OFAC’s authority to having an intimate understanding of the general and specific license requirements, formulating a strategic defense requires knowledge of all aspects of OFAC’s enforcement program.

At Oberheiden P.C., not only do we represent clients in the area of OFAC sanctions defense, but we also assist clients with applying for specific licenses and managing effective OFAC compliance programs. Our OFAC experience is both deep and broad, and we rely heavily on this experience when deciding how to advise our clients.

4. Nationwide and International Capabilities

Many OFAC sanctions matters require much more than a local presence where you live or where your financial institution’s or company’s headquarters are located. Due to the nature of OFAC sanctions matters, it is often necessary for entities and individuals to have counsel who is prepared to provide representation both across the United States and around the world.

With a nationwide network of attorneys, we truly have a nationwide reach, and many of our senior attorneys routinely travel abroad to advise and represent clients in cross-border matters. No matter where your OFAC sanctions matter leads, we can be there to provide the advice and representation you need.

5. A Team of Senior Attorneys and Federal Consultants

When dealing with sanction-related matters, you need more than just an OFAC sanctions attorney. You need a team of senior attorneys and federal consultants—all of whom have relevant experience and are capable of helping you make the right decisions at the right times.

At Oberheiden P.C., our team includes not only OFAC sanctions attorneys, but also former federal prosecutors and high-ranking federal agents who offer unique insights into the areas of federal compliance and defense. When you choose our firm, we will assemble a team of attorneys and consultants that offer all of the experience and insights you need to deal with OFAC effectively.

6. A Team Approach Focused on Efficiency and Results

Having a team doesn’t help if each member of the team works in a vacuum. A team approach focused on efficiency and results is critical. Each team member must have a specific role to play that contributes to the client’s overall goal, and the team approach must save the client money rather than running up the bill.

Our team approach to OFAC sanctions matters prioritizes both efficiency and results. Each attorney and consultant on a client’s team contributes what they have to contribute—no more and no less. We work with our clients to formulate targeted defense and compliance strategies, and then our attorneys and consultants execute these strategies with a specific focus on maximally protecting our client’s interests as cost-effectively as possible

7. Easy Accessibility and 24/7 Availability

When dealing with an OFAC sanctions matter, prompt action can often be critical. If OFAC has accused you, your company, or your financial institution of violating a sanction by facilitating a transaction involving blocked assets or dealing with a Specially Designated National (SDN), you need to begin implementing a defense right away. You also need to be able to get in touch with your defense team whenever necessary—whether you are located in the same city or across the globe.

At Oberheiden P.C., we prioritize both accessibility and availability. We do not expect our clients to only get in touch between 9:00am and 5:00pm local time. Our clients have direct access to our senior attorneys and consultants at all times, and we are available nights and weekends to speak with both new and existing clients.

8. A High Success Rate in High-Stakes Federal Matters

Beyond experience in relevant areas of practice, you also want to choose an OFAC sanctions attorney who has experience providing successful representation in high-stakes federal matters. This specifically includes providing successful representation in the area of OFAC sanctions defense.

Our track record speaks for itself. Not only have we helped thousands of clients avoid penalties and other adverse consequences in complex and high-stakes federal cases, but we have helped many of our clients avoid the risk of facing penalties by resolving their cases at the investigative stage.

9. A Strong Reputation Among Clients and Peers

A strong reputation also speaks for itself. Client testimonials and peer reviews can say a lot about what you can expect if you choose to engage a particular OFAC sanctions attorney. Of course, individual experiences and results vary; and, ultimately, you will want to speak with an attorney one-on-one before deciding whether he or she is the right choice to lead your OFAC sanctions defense.

10. Availability to Begin Providing Advice and Representation Immediately

Finally, while there is some truth to the saying that you don’t want an attorney who isn’t already busy, you don’t want a lawyer who is so busy that he or she cannot provide representation in a timely manner. At Oberheiden P.C., we have structured our practice so that we can represent new clients on an emergency basis when necessary. If you need a defense team to step in and deal with OFAC immediately, your next step is to contact us for a complimentary initial consultation.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Speak with a Senior OFAC Sanctions Attorney at Oberheiden P.C.

If you need to speak with an OFAC sanctions attorney, we invite you to get in touch. For a complimentary initial consultation with a senior attorney at Oberheiden P.C., call 888-680-1745 or tell us how we can reach you online now.