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DEA Order to Show Cause Representation Lawyers

Raiser & Kenniff’s team of DEA order to show cause hearing defense lawyers are available 24/7 to help you with any issues pertaining to the DEA you may have. The DEA administers and enforces the Controlled Substances Act of 1970. It’s their federal obligation to ensure physicians, and all other dispensers of controlled substances do so responsibly in accordance with this law. The dea/defense-lawyers/dea-registration-suspensions-and-revocations/”>DEA requires the registration of individual and businesses who are distributing, exporting, or importing, substances listed in the Controlled Substances Act. The dea‘s job is to regulate and administer these businesses – and divides them into two categories: Retail Registrants and Wholesale Registrants. There are ~1.5 million retail registrants. Examples of retail dea/defense-lawyers/dea-registration-suspension-revocation/”>registrants that require DEA registration include: Colleges, Doctors, Dentists, Nurses, Pharmacists, etc. The following wholesale dea/defense-lawyers/dea-registration-suspension-revocation/”>registrants may require DEA registration: Analytics Labs, Distributors, Exporters, Importers, Narcotic Treatment Programs, Pharmaceutical companies, Researchers, and Reverse Distributors. A dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA registration is also known as a DEA Certificate of Registration, or also known as a dea Registration Certificate.

Administrative dea/defense-lawyers/dea-registration-disciplinary-action/”>DEA investigations can also result in a DEA registrant action hearing, which is known as a dea show cause hearing. The result of a dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA show cause hearing can result in a DEA registration suspension order and in addition a DEA registration revocation order. dea Show Cause Hearings are initiated pursuant to a DEA Administrative Investigation. dea staff attorneys file a registrant action, against a dea registrant. Alternatively, dea/defense-lawyers/dea-registration-suspensions-and-revocations/”>registrant actions are also known as DEA show cause hearings / DEA order to show cause hearings. dea Administrative Registrant Action proceedings are governed by the US Code of Federal Regulations 21 C.F.R. § 1301.31-1301.46 and 21 C.F.R. § 1316.41-1316.68.

According to 21 C.F.R. § 1301.43(a), the dea/defense-lawyers/dea-registration-suspensions-and-revocations/”>DEA registrant has 30 days from receipt of the DEA Registrant Action, in order to file a request for a dea hearing. An ALJ – Administrative Law Judge, employed by the dea Office, will preside over the case. dea Show Cause hearings are held in Arlington, Virginia, Washington DC, or in a location close to the dea registrant.

If you are a healthcare provider, then we encourage you to contact our dea/defense-lawyers/”>DEA show cause hearing defense lawyers immediately for help.

DEA Registration Action Defense Lawyers

The dea Administrative show cause hearing is a traditional hearing where evidence can be presented. dea Registrant Action Hearings follow traditional Federal Rules of Evidence rules, and are conducted according to the US Administrative Procedure Act. The dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA Staff Attorney, is there to represent the governments interest – and are there to prosecute any perceived violations by the dea registrant. The dea staff attorney is not there to provide you with legal advice, or to help you.  Furthermore, the Administrative Law Judge will also refrain from providing any legal help to the dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA registrant. As a result, if you’re a dea/defense-lawyers/dea-registration-suspensions-and-revocations/”>DEA registrant facing a DEA order to show cause hearing – then you should hire a DEA registration defense lawyer to represent your hearings at a DEA Show Cause hearing. There are several steps  in a dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA registrant action:

Discovery: The dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA Staff Attorney will provide all evidence the DEA has against the registrant. The dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA registrant has to provide a witness list, exhibit list, and all/any evidence he/she is going to use at the dea Show Cause Hearing to the DEA Staff Attorney / ALJ. The process is called discovery. Failure to abide, could mean the ALJ can prohibit use of materials not provided at the hearing.

Prehearing Statement: The ALJ will ask for a pre-hearing statement from both the dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA staff attorney and the DEA registrant.  The dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA is required to submit their statement first, followed by the dea registrant. The statement has to contain information about the issues facing the dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA registrant, and has to consist of facts and a conclusion of the law.

Motion for Summary Disposition: If the registrant’s state license to practice has been suspended or revoked, then the dea can fille a Motion for Summary disposition. If the dea Registrant’s state license isn’t valid, the the dea registrant isn’t entitled to hold a DEA certificate of registration. The ALJ can grant the motion for summary disposition.

Prehearing Conference: Prehearing conferences will be done by an LJ. The conference can be in person, or videoconference. The ALJ will bring both sides to a settlement. If the discussion fails, then ALJ will set dates for a show cause hearing, discovery cut off, and filing of the post hearing brief.

Settlement: In most cases, settling with the dea is possible. This is known as a dea Administrative Memorandum of Agreement. The settlement requires the dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA registrant to admit liability to one or more allegations, and to accept limitations and prohibitions.

Hearing: The dea Administrative Show Cause Hearing will go according to the Administrative Procedure Act and the US Code of Federal regulations. Administrative dea hearings typically adhere to the Federal Rules of evidence. Both the dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA and DEA registrant have rights, such as making an opening statement, presenting witnesses, presenting documentary evidence, and making close arguments. Each side has the right to cross examine the other’s witnesses. If your case is at this stage, you need a dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA registrant action lawyer to represent you in a DEA Show Cause hearing, in order to present your case and defend your dea registration certificate.

Post Hearing Brief: After the hearing is done, the dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA and DEA registrant can submit a post hearing brief, to the ALJ. It will contain findings of fact and conclusions of law.

ALJ’s Decision: The ALJ will have to issue a written recommended decision, within a timely manner. The recommended decision has to have facts and legal reasons for the findings of the ALJ. The decision is only a recommendation; it has to be approved by the agency director, in this case the dea Administrator / DEA Deputy Administrator. The dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA and the DEA registrant can file exceptions to the ALJ’s recommended decision. Exception have to be filed within 20 days of the ALJ’s decision. Exceptions can be filed to the ALJ’s recommended decision, or to the other party’s Post Hearing briefs.

dea Administrator Final Decision: The ALJ recommended decision is forwarded, with relevant documents, to the dea administrator. The administrator makes a final decision. The administrator can adopt, modify, or completely reject the ALJ’s decision. This decision from the administrator represents the end of the dea Administrative Law Show Cause hearing process.

The dea registrant can appeal the final decision to the US Circuit Court of Appeals. If you’re facing a dea/defense-lawyers/dea-registration-suspensions-and-revocations/”>DEA Show Cause Hearing, then we encourage you to contact our dea Registration Defense Lawyers for legal help.

DEA Registration Defense Attorneys

The dea/defense-lawyers/dea-suspensions-and-revocations/”>DEA can issue a show cause or impose an interim suspensions order for a number of reasons. An interim dea/defense-lawyers/dea-registration-suspension-revocation/”>suspension order means the DEA registrant cannot engage in any action related to items controlled by the Controlled Substances Act. Below are the most common violations by dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA registrants that can result in DEA Administrative actions:

  • Acts against public interest are grounds for dea actions. Acts can include distribution/selling of drugs illegally, operations of a pill mill, overprescribing, or operating an internet pharmacy.
  • Exclusion from healthcare programs like medicaid/medicare can also result in dea show cause hearing actions.
  • Felony convictions related to controlled substances/drugs/narcotics, can result in dea actions being taken.
  • Materially falsifying your dea/defense-lawyers/dea-registration-application-denial/”>registration application can result in a DEA show cause hearing.
  • Misdemeanor convictions relating to controlled substances/drugs can result in a dea show cause hearing. DUI is an example of this.
  • State licensing discipline/suspension/revocation can be grounds for a dea/defense-lawyers/dea-registration-suspensions-and-revocations/”>DEA registrant action show cause hearing.

DEA Administrative Investigation Defense Lawyer

The dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA has thousands of staff members focused on investigating, and handling, everything relating to controlled substances. In the past 10 years, the emphasis has shifted to prescription drug abuse, and healthcare providers prescribing large sums of narcotics/steroids. The dea specifically targets pain management clinics, known as pill mills. In Pill Mills, doctors/physicians, have been known to do minimal pain management and have instead gone straight to prescribing large sums of pain medication, specifically: Schedule II and III narcotics.

Wholesale distributors, are also becoming targets of dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA enforcement investigations. These distributors are known as Internet Pharmacies. It involves a cyber doctor, who provides no consultation or minimal consultation to a patient. The patient then gets a prescription narcotic in the mail from the internet pharmacy. Federal law prohibits the purchasing of controlled substances without a valid prescription. This prescription isn’t valid, unless there’s a consultation between a physician and patient. As a healthcare provider, you could be dea-investigation-lawyers/”>investigated and face a DEA registrant action, which will require you to contact our dea Administrative Investigations Defense Lawyers for legal help.

DEA Registrant Denial Appeals Lawyers

If you’re a healthcare professional whose denied a dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA registration, then you can file an Appeal of the dea registration denial. This follows the same process/procedure as a standard dea show cause hearing. We can help.

DEA Administrative Memorandum of Agreement Lawyer

It’s possible for a settlement between the dea/defense-lawyers/dea-registration-suspensions-and-revocations/”>DEA, and a dea registrant in an action. Settlements often occur prior to the Show Cause hearing, but can also happen after the ALJ issues a recommended decision. dea Settlements that occur between the DEA and the healthcare provider are called DEA Administrative Memorandum of Agreements. Known as a MOA, it requires the registrant to admit some liability. The registrant will also face some sort of disciplinary order as well.

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Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

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"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

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