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DEA Suspension and Revocation Orders

Healthcare providers facing DEA suspension or revocation orders encounter significant legal challenges that require immediate and strategic response. The Drug Enforcement Administration possesses substantial authority to take action against DEA registrations, with potential consequences extending beyond administrative penalties to criminal prosecution.

At Spodek Law Group, our federal criminal defense attorneys provide comprehensive representation for healthcare professionals navigating DEA enforcement actions nationwide.

The DEA’s Authority Under Federal Law

The Drug Enforcement Administration derives its authority from 21 USC 824(a) to suspend or revoke DEA registrations. The statute provides several grounds for action, requiring only preponderance of evidence rather than proof beyond reasonable doubt. Grounds include:

• Material falsification of any application
• Conviction of a felony relating to controlled substances
• State license suspension, revocation, or denial
• Acts inconsistent with public interest
• Exclusion from Medicare or Medicaid programs

Federal administrative proceedings differ significantly from state court proceedings, requiring specialized knowledge and strategic approach.

Consequences of DEA Action

Healthcare providers facing DEA suspension or revocation orders confront multiple challenges:

• Loss of controlled substance prescribing authority
• Impact on hospital privileges
• Disruption of patient care continuity
• Practice revenue implications
• Professional reputation considerations
• Potential criminal prosecution

Federal sentencing guidelines under 21 USC 841 establish significant penalties for controlled substance violations, making early intervention crucial.

Common Compliance Issues

The DEA identifies violations through various means, including:

• Prescribing without legitimate medical purpose
• Departure from usual course of professional practice
• Inadequate recordkeeping
• Security protocol violations
• Controlled substance diversion
• Inappropriate self-prescribing practices

The DEA Investigation Process

DEA investigations typically begin months before formal action. Upon receiving an Order to Show Cause, registrants have 30 days to request a hearing—a critical deadline that cannot be missed. In cases involving alleged imminent danger to public health, the DEA may issue an Immediate Suspension Order, halting prescribing authority immediately.

According to recent DEA enforcement actions, the agency maintains aggressive pursuit of perceived violations nationwide.

Our attorneys provide strategic counsel throughout the investigation process, from initial contact through administrative proceedings.

Defense Strategies and Representation

Effective defense requires comprehensive understanding of both medical practice standards and federal regulatory requirements. Key defense components include:

• Strategic response to information requests
• Preparation of written statements addressing alleged violations
• Settlement negotiations when appropriate
• Administrative hearing representation
• Presentation of mitigating circumstances
• Appeal options following adverse decisions

Todd Spodek leads our federal practice, bringing generational knowledge and experience to complex cases. His representation has garnered national attention, including coverage by major media outlets and Netflix’s portrayal of his defense of Anna Delvey.

Federal Criminal Exposure

Beyond administrative actions, healthcare providers may face criminal charges including:

21 USC 841 – Unlawful Distribution: Penalties up to 20 years imprisonment for first offenses, with enhanced penalties if death or serious injury results.

21 USC 843 – Fraudulent Prescriptions: Up to 4 years imprisonment per count.

18 USC 1347 – Healthcare Fraud: Up to 10 years per count for billing related to improper prescriptions.

Federal sentences require 85% minimum service with no parole eligibility.

Administrative Hearing Process

Administrative hearings before federal Administrative Law Judges involve distinct procedures and evidentiary standards. The DEA bears the burden of proving violations by preponderance of evidence—a lower standard than criminal proceedings but one that still requires strategic defense.

Our attorneys understand the nuances of administrative proceedings, including effective cross-examination of government witnesses and presentation of defense evidence.

Corrective Action Plans and Negotiated Resolutions

The Ensuring Patient Access and Effective Drug Enforcement Act provides opportunities for Corrective Action Plans in appropriate cases. These plans must comprehensively address DEA concerns while preserving practice viability.

Successful plans typically incorporate enhanced security protocols, additional training requirements, and modified prescribing procedures tailored to specific practice needs.

Immediate Action Steps

Upon receiving DEA correspondence:

1. Avoid unrepresented communication with DEA agents
2. Preserve all relevant documentation
3. Calendar all response deadlines immediately
4. Decline voluntary surrender requests pending legal consultation
5. Engage experienced federal defense counsel

Strategic early intervention often determines case trajectory and ultimate outcome.