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DEA Administrative Hearings

March 21, 2024 Uncategorized

DEA Administrative Hearings: The Need for Legal Representation

Administrative hearings conducted by the Drug Enforcement Administration (DEA) can have serious consequences for those accused of violating controlled substance laws and regulations. Having skilled legal counsel for these proceedings is critical to protecting one’s rights and achieving the best possible outcome.

DEA’s Authority and Enforcement Powers

The DEA enforces the Controlled Substances Act (CSA), which regulates the manufacture, distribution, and dispensing of legal and illegal drugs. Under the CSA, the DEA has broad authority to investigate violations, seize property, and initiate administrative actions against violators (21 U.S.C. § 801 et seq.).

Common DEA enforcement actions include:

  • Revoking or suspending registrations for manufacturers, distributors, pharmacies, practitioners, and researchers
  • Imposing civil fines up to $25,000 per violation
  • Issuing orders to stop handling controlled substances

Those targeted by the DEA are entitled to an administrative hearing to contest the agency’s allegations and proposed sanctions. However, without legal counsel versed in DEA regulations and procedures, the odds are stacked against the accused.

The Need for Experienced Legal Representation

DEA administrative hearings are formal adjudicatory proceedings governed by strict procedural rules and technical requirements. Like court trials, hearings involve opening statements, examination and cross-examination of witnesses, introduction of evidence, and closing arguments (21 C.F.R. § 1316.51 et seq.).

In this complex legal environment, experienced DEA defense attorneys are critical for:

  • Navigating complex regulations – The CSA and DEA regulations comprise hundreds of dense, technical pages. Attorneys fluent in these laws can defend clients against allegations of regulatory violations.
  • Mounting strong factual defenses – Hearings hinge on the evidence presented. Skilled litigators know how to gather facts and witnesses to rebut the DEA’s claims.
  • Raising procedural challenges – Administrative hearings are governed by strict procedures. Attorneys can leverage procedural defects to get unfavorable rulings overturned.
  • Negotiating favorable settlements – Rather than risk an adverse ruling, many defendants settle. Experienced counsel can negotiate deals allowing clients to avoid harsh sanctions.

Key Laws and Regulations

Some of the main laws and regulations governing DEA administrative actions include:

Christine Twomey
Christine Twomey
2024-03-21
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Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Controlled Substances Act – Establishes the federal framework for regulating controlled substances (21 U.S.C. § 801 et seq.)
  • Code of Federal Regulations, Title 21, Chapter II – Contains DEA regulations for enforcing the CSA.
  • 21 C.F.R. Part 1301 – Sets registration requirements for manufacturers, distributors, dispensers, importers, and exporters of controlled substances.
  • 21 C.F.R. Part 1304 – Establishes recordkeeping and reporting requirements for DEA registrants.
  • 21 C.F.R. Part 1305 – Covers DEA order forms used to distribute Schedule I and II controlled substances.
  • 21 C.F.R. Part 1316 – Governs DEA administrative hearings procedures.

Violations of these laws and regulations frequently lead to DEA enforcement action and administrative hearings.

The Stakes Are High

Losing a DEA registration or getting hit with stiff fines can devastate a pharmacy, drug manufacturer, or medical practice. Even for individuals like physicians and pharmacists, losing their DEA registration can mean losing their livelihood.

With so much on the line, retaining skilled legal counsel is the smart play when facing DEA allegations. The intricate regulatory framework coupled with complex litigation procedures mean trying to defend oneself pro se is a recipe for disaster.

Experienced attorneys know how to navigate DEA hearings to achieve the most favorable result possible, whether that means getting charges dismissed, sanctions reduced, or settlements negotiated. Their expertise can make all the difference between saving or losing one’s DEA registration and ability to dispense controlled substances.

Conclusion

DEA administrative hearings should not be taken lightly. The complex rules and high stakes require having an experienced controlled substances attorney represent your interests. Don’t go it alone against the DEA’s team of prosecutors without the right legal firepower in your corner.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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