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DEA Registration Defense and Enforcement Actions Lawyers | DEA Registration Suspensions / Revocations Lawyers

March 21, 2024 Uncategorized

The DEA has a broad range of enforcement tools at its disposal, and it may use these tools to pursue both civil and criminal penalties. Civil penalties can include fines, asset forfeiture, and the suspension or revocation of a provider’s registration. Criminal penalties can include jail time, probation, and asset forfeiture.

If you are facing DEA enforcement actions or are under investigation for possible violations of the CSA, you should speak with an experienced attorney as soon as possible. The DEA can take many actions as penalties:

  • Suspend or revoke a registrant’s registration
  • Assess civil monetary penalties against a registrant
  • Refer the case to the U.S. Department of Justice for criminal prosecution
  • Deny an application for registration or renewal of registration
  • Refer the case to state licensing boards for disciplinary action against a registrant’s state license(s) to practice medicine, pharmacy, etc.

The DEA has a long history of aggressively pursuing enforcement actions against registrants who violate the CSA. In the past, the DEA has initiated enforcement actions against a wide range of registrants, including physicians, pharmacists, pharmacies, and pharmaceutical companies.

In addition to these traditional enforcement actions, the DEA has also initiated a number of compliance-related programs that are designed to help registrants comply with their obligations under the CSA. These programs include:

The Diversion Control Division’s Office of Diversion Control’s Compliance Program: The goal of this program is to help registrants comply with their obligations under the CSA and prevent diversion of controlled substances. The program includes educational materials and resources, as well as on-site visits by DEA Diversion Investigators.

The goal of this program is to help registrants comply with their obligations under the CSA and prevent diversion of controlled substances. The program includes educational materials and resources, as well as on-site visits by DEA Diversion Investigators. The Prescription Drug Monitoring Program: This program is designed to help state and local law enforcement agencies track controlled substances that are dispensed by pharmacies. The program includes a database that tracks controlled substances dispensed by pharmacies in each state.

This program is designed to help state and local law enforcement agencies track controlled substances that are dispensed by pharmacies. The program includes a database that tracks controlled substances dispensed by pharmacies in each state. The Office of Diversion Control’s Regulatory Compliance Unit: This unit provides regulatory guidance to registrants on how to comply with their obligations under the CSA. The unit also conducts audits and investigations of registrants who may be violating the CSA.

Controlled Substances Act (CSA) Overview

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
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.

The CSA was enacted in 1970 to establish a comprehensive system for regulating controlled substances in the United States. The CSA establishes five schedules of controlled substances based on their potential for abuse and medical usefulness: Schedule I drugs have no accepted medical use but a high potential for abuse; Schedule II drugs have an accepted medical use but also a high potential for abuse; Schedule III drugs have an accepted medical use but a lower potential for abuse than Schedule I or II drugs; Schedule IV drugs have an accepted medical use but a lower potential for abuse than Schedule III drugs; and Schedule V drugs have an accepted medical use but a lower potential for abuse than Schedule IV drugs. The CSA requires that all providers who prescribe controlled substances be registered with the DEA to do so, and it requires that pharmacies that dispense controlled substances be licensed by state pharmacy boards as well as registered with the DEA to do so. The CSA prohibits anyone from distributing or dispensing controlled substances without being properly registered with the DEA to do so (21 U.S.C. 841(a)(1)). The CSA also prohibits anyone from distributing or dispensing controlled substances outside of legitimate medical purposes (21 U.S.C 841(a)(1)). Providers who prescribe medications outside of legitimate medical purposes may be charged with prescribing medication outside of legitimate medical purposes (21 U.S.C 841(a)(1)), while pharmacies that dispense medications outside of legitimate medical purposes may be charged with distributing medication outside of legitimate medical purposes (21 US Code 841(a)(1)). In addition to violating federal law, these activities may also violate state laws regarding prescription medications as well as professional licensing regulations regarding prescribing medications outside of legitimate medical purposes (21 USC 841(b)(1)(A)-(D)).

The CSA establishes strict recordkeeping requirements for providers who prescribe controlled substances and pharmacies that dispense them (21 USC 827). These requirements are designed to help ensure that providers only prescribe medications when they are needed for legitimate therapeutic purposes and that pharmacies only dispense them when they are prescribed by licensed practitioners acting within their scope of practice (21 USC 802). Providers who fail to maintain accurate records may be subject to civil penalties (21 USC 842(a)(4)), while pharmacies that fail to maintain accurate records may be subject to civil penalties (21 USC 842(c)(2)). In addition, both providers and pharmacies may be subject to criminal penalties if they knowingly distribute or dispense controlled substances outside of legitimate medical purposes (21 USC 841(b)(1)(A)-(D)).

DEA Enforcement Actions Against Providers & Pharmacies

The DEA has broad authority under the CSA to investigate suspected violations and take enforcement actions against providers who prescribe controlled substances outside of legitimate therapeutic purposes as well as pharmacies that distribute them outside of such purposes (21 USC 801-971). These actions can include civil penalties such as fines, asset forfeiture, suspension or revocation of registration, denial or restriction on registration renewal applications, orders restricting the distribution or dispensing of certain controlled substances by registrants whose registrations permit them to distribute or dispense those substances (e., orders limiting registrants’ authority), orders requiring registrants whose registrations permit them to distribute or dispense certain controlled substances not engaged in such activities until further order from the Administrator [of the Drug Enforcement Administration], orders requiring registrants whose registrations permit them engage in activities related only those locations specified in their registrations not engage in such activities at any other location until further order from the Administrator [of the Drug Enforcement Administration], orders prohibiting registrants from applying for any other registration until further order from the Administrator [of the Drug Enforcement Administration], orders imposing conditions on registrations permitting activities related only those locations specified in their registrations until further order from the Administrator [of]the Drug Enforcement Administration], orders imposing conditions on registrations permitting registrants engage in activities related only those locations specified in their registrations until further order from the Administrator [of]the Drug Enforcement Administration], denial applications seeking initial registration under this subchapter filed by applicants previously denied registration by final order issued after opportunity hearing held pursuant section 304[of Title 21], United States Code], denial applications seeking initial registration under this subchapter filed by applicants previously denied registration renewal pursuant section 304[of Title 21], United States Code].

The Registration Process for Controlled Substances

The registration process for controlled substances is complicated, and it can be difficult to understand what is required of a provider. The DEA has strict requirements for the registration process, and these requirements are constantly changing. A provider who does not keep up with these changes may find that their registration is denied or that they are unable to renew their registration.

Compliance with the Controlled Substances Act

In addition to the registration process, providers must also comply with the Controlled Substances Act (CSA). This act establishes schedules for controlled substances, which determine how these substances can be used and prescribed. Providers who do not comply with the CSA may face civil or criminal penalties.

If you are a provider of controlled substances and you have had your application for a certificate of registration denied by the DEA, or if you have been unable to renew your existing registration, you should contact an experienced attorney as soon as possible. At Spodek Law Group P.C., our attorneys have experience representing providers in matters involving DEA registrations and compliance with the CSA. We will work diligently to help you obtain or renew your certificate of registration so that you can continue providing care to your patients.

The Role of the DEA

The DEA is a federal law enforcement agency responsible for enforcing the Controlled Substances Act (CSA). The CSA regulates the manufacture, importation, possession, use, and distribution of certain drugs. The CSA gives the DEA the authority to register practitioners who are authorized to dispense controlled substances.

The DEA has strict requirements for registration and renewals. For example, a practitioner must have a valid state professional license to be eligible for registration with the DEA. Additionally, there are several other requirements that must be met before a practitioner can receive a DEA registration number. These include maintaining adequate security controls over controlled substances and ensuring that only authorized individuals have access to them.

If you are facing an investigation or inspection by the DEA or if your application for registration has been denied, it is important to seek legal representation as soon as possible. Our healthcare lawyers can help you navigate through this process and protect your interests throughout every step of your case.

The Controlled Substances Act (CSA)

The Controlled Substances Act (CSA) was enacted in 1970 and is the federal law that regulates controlled substances. The CSA establishes five schedules for controlled substances, which are based on the potential for abuse and medical use of the substance. Schedule I substances have a high potential for abuse and no accepted medical use, while Schedule V substances have a low potential for abuse and accepted medical uses.

The Voluntary Surrender of DEA Registration

The voluntary surrender of your DEA registration is an admission of guilt. You are admitting that you violated the Controlled Substances Act. The voluntary surrender is not a plea deal, and you are not pleading guilty to any criminal charges. The voluntary surrender is not an agreement with the DEA – it is a waiver of your rights.

Consequences of Voluntarily Surrendering DEA Registration

The first thing that happens when you voluntarily surrender your DEA registration is that you lose your ability to prescribe controlled substances. You can no longer write prescriptions for controlled substances – even if they are for legitimate medical purposes. This can cause serious harm to patients who need these medications and financial harm to healthcare providers who depend on their ability to prescribe controlled substances for their income and livelihoods.

In addition, the voluntary surrender of your DEA registration will appear on the National Practitioner Data Bank (NPDB). The NPDB is a database that all hospitals check before hiring healthcare providers – and many insurance companies check before approving claims submitted by healthcare providers. The NPDB will indicate that you voluntarily surrendered your DEA registration – which could make it difficult for you to find employment in the future as a healthcare provider.

The voluntary surrender of your DEA registration is also a permanent record. It will never go away. Even if you are able to get your DEA registration back, the voluntary surrender will still be on your record. This could make it difficult for you to find employment in the future as a healthcare provider – even if you are able to get your DEA registration back.

Changing Your Mind after Voluntarily Surrendering DEA Registration

If you voluntarily surrender your DEA registration and then change your mind, it is too late. Once you have signed the voluntary surrender form, there is no going back. You can never get your DEA registration back after voluntarily surrendering it. If you want to keep your DEA registration, do not sign the voluntary surrender form!

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CLAIRE BANKS

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RAJESH BARUA

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