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Todd Spodek (Managing Partner)

Mr. Spodek decided early on in his life to focus his education and experience on trial work. Todd Spodek attended Northeastern University in Boston, MA and majored in criminal justice. This background provided an indispensable tool in the representation of criminal defendants in grand jury investigations, pre-trial hearings, trial, appeals and navigating the corrections process.…

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DEA Registration Disciplinary Action Lawyers

In recent years, multiple agencies have cracked down on health care providers that exist for the purpose of writing and filling prescriptions for controlled substances. Disciplinary action taken against pain management physicians and clinics has been swift and severe. This includes pharmacies used to fill prescriptions written under the same premise.

Discipline typically involves shutting down the facility and arresting those involved, including physicians and staff. There are even some instances where patients have been arrested. The charges for the offenses associated with dea-criminal-lawyers/”>DEA registration disciplinary action generally relates to various criminal offences. The legal proceedings can be either state or federal, depending on the circumstances.

The reason why so many facilities are shut down during the same timeframe is because the multiple agencies involved often form a taskforce that conducts raids in a particular area. There are some instances in which search and seizure raids are disguised as city inspections. Agencies involved may include the local police department, the Drug Enforcement Administration, the Department of Health and the Attorney General’s Office, among others.

By the time there are search and seizure raids, it’s likely that an dea/defense-lawyers/dea-audits-and-dea-investigations-dea-lawyers/”>investigation has taken place in advance and was performed by either the DEA or the state licensing authority. There’s a possibility that both entities will get involved.
The reason why an investigation usually takes place is because complaints have been lodged. Sometimes complaints are made by people in the community, but they might also be made by pharmaceutical manufacturers, family members of patients or even competitors. The source of complaints are often wide-ranging.

It’s important to understand that pharmaceutical manufacturers track the narcotics they sell, which means they have information regarding the buyer and the quantities sold for each purchase. This is especially true when it comes to the sale of certain medications and narcotics, such as Xanax, Hydrocodone, Oxycodone, Roxycodone and Percocet. Sometimes a physician, clinic or pharmacy is reported because they placed an order that was much larger than any amount that would be considered standard or customary.

When a raid takes place or similar events occur, it can result in the dea/defense-lawyers/dea-registration-suspension-revocation/”>suspension of DEA registrations. Suspension of a dea registration number means controlled substances and narcotics are no longer allowed on the premises. Subsequently, the dea/defense-lawyers/dea-registration-surrenders-2/”>DEA will seize everything not permitted without a DEA registration. There’s also a good chance that a cease and desist order will be issued. This is in addition to the multiple arrests that will likely take place as aforementioned. There have been some instances where the custody of controlled substances was given to another licensee with a dea registration number.

In many cases, a large quantity of medications with a high dollar value are seized by the dea because there was no other DEA-licensed contact available to take possession of the medications after a raid. When these events happen, it’s imperative that you contact a criminal defense attorney immediately. In fact, you should request that your attorney arrive on site as soon as possible, preferable before you have any conversations with agents or investigators. What happens during and directly following a raid is critical and can have lifelong and devastating consequences.

dea agents, investigators from the Department of Health, and possibility other parties involved will likely request that you voluntarily relinquish your dea registration and number. This is just one example of why it’s important to have legal counsel onsite immediately. Voluntarily giving up your dea/defense-lawyers/dea-registration-surrenders/”>DEA registration and number is something that should not happen. There is a lot at stake and you’ll want to make sure you have qualified legal representation available to guide you through the process.

Although dea audits are routine procedures, they often result in criminal prosecution. In addition, if you violate the Controlled Substances Act, you are likely to face administrative measures against your dea registration. It is therefore advisable for dea registrants facing a DEA audit or investigation to consult a lawyer.

dea Audits/Investigations
The dea-audit-and-investigation-lawyers/”>DEA conducts audits and investigations to ensure the parties in question comply with the Controlled Substances Act (CSA). There are various reasons for conducting dea-audit-lawyer/”>DEA audits and investigations. These include:

  • A random inspection to ensure compliance
  • To investigate if a particular person deviates from the required standards of prescribing when compared with other prescribers
  • To investigate tips received by patients or pharmacies in relation to prescribing practices

Generally, dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA audits occur once after three years, however, it is frequent for practitioners who prescribe buprenorphine or who have a Drug Addiction Treatment Act of 2000 waiver. Narcotic distributors, treatment programs, and other unlicensed dea/defense-lawyers/dea-registration-suspensions-and-revocations/”>DEA registrants face inspection once after five years.

dea Notices of Inspection (dea Form 82) and Warrants
The dea does not need a warrant to carry out an inspection to check for CSA compliance. However, when the dea-investigation-lawyers/”>DEA is conducting an investigation in conjunction with other authorities, a search warrant is important for searching a clinic/practice. dea investigators conduct inspections in various state offices in the U.S. and are affiliated with the dea‘s Diversion Control Program. The first step in a dea-audit-lawyer/”>DEA audit is a notice of inspection or the issuance of a dea Form 82 or an inspection warrant to the person under investigation. At this point, the presence of a lawyer is important for the interpretation or the determination of the legality of the warrant.

Informed Consent for dea-audit-lawyer/”>DEA Audits
After the administration warrant is issued, the registrant should give their consent before an inspection or audit commences. An informed consent refers to a statement in writing indicating that the registrant is aware of their constitutional right to turn down an inspection and that any incriminating evidence can be used during a criminal prosecution, and that they offer their voluntary consent.
There are cases when the dea does not require informed consent or a search warrant for a DEA inspection. A warrant is not required for inspecting records and books in accordance with a subpoena presented by the dea/defense-lawyers/dea-registration-surrenders/”>DEA, or for inspections that are conducted because there is imminent danger to public safety, or for determining dea registration.

Administrative Inspection and Search Warrants
In case a dea/defense-lawyers/dea-audits-and-dea-investigations-dea-lawyers/”>DEA registrant fails to offer informed consent to an audit, the dea should get an administrative inspection warrant from the Federal District Court. The dea/defense-lawyers/preparing-for-a-dea-inspection/”>DEA is not required to prove probable cause for inspection warrants. To obtain a search warrant, the dea should describe the extent and nature of the inspection and the items they intend to seize.
dea registrants are required to comply with administrative search warrants. When a registrant fails to comply with the warrant, they are likely to face jail time. It is advisable to contact an attorney the moment you receive a search warrant for advice on what to do, and for guidelines on how to protect your dea/defense-lawyers/dea-registration-surrenders/”>DEA registration.
There are various reasons a registrant may refuse to consent to an inspection. First, dea/defense-lawyers/dea-registration-application-denial/”>DEA audits are conducted without warning and the registrant may need to contact a lawyer before the search begins. When a dea/defense-lawyers/dea-registration-surrenders/”>registrant receives a DEA Form 82, they should call their lawyers to determine whether they should give informed consent for inspection. If the dea-investigation-lawyers/”>DEA issue an administrative search warrant while the investigations are underway, the presence of legal counsel during the process will ensure the dea conduct their search within the limits of the warrant. Furthermore, legal assistance will help you identify crucial areas that can help your practice look favorable to the dea.

Scope of dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA Investigations
The dea does not have the authority to inspect everything in your practice. The dea is authorized to interview you and your employees. Anything you or your staff admits to during the interview will be used against you in a criminal proceeding. Therefore, you need to have a lawyer by your side before any interview to prevent incrimination and ensure your rights are protected.

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