FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

DEA Drug Diversion Defenses and DEA Drug Diversion Reporting

April 6, 2022 Federal Criminal Attorneys

The Controlled Substances Act (CSA) prohibits the illegal prescribing, or dispensing, of a controlled substance. A controlled substance is defined as any drug or other substance that is regulated under the CSA. The CSA is managed by the Drug Enforcement Administration (DEA). The CSA requires that all controlled substances be registered with the DEA. A healthcare professional can only prescribe a controlled substance if he/she has obtained a registration number from the DEA. The DEA is a federal law enforcement agency. The DEA is a branch of the U.S. Department of Justice. The DEA was established on July 1, 1973, by President Richard Nixon. The DEA’s headquarters are located in Arlington, Virginia. The DEA’s primary mission is to enforce the controlled substances laws and regulations of the United States.

In order to obtain a registration number, you must submit an application to the DEA and pay an annual fee. Once registered, you’re allowed to prescribe controlled substances for legitimate medical reasons within the scope of your practice. You’re also required to keep detailed records for every patient who has been prescribed a controlled substance, including information about why it was prescribed and how much was prescribed. These records must be maintained for at least two years after prescribing to a patient.

If you’re accused of illegally prescribing, or dispensing, of a controlled substance, you will be charged with violating one or more provisions of the CSA. The penalties for violating these provisions are severe and include hefty fines and imprisonment in federal prison. If convicted of unlawfully prescribing a Schedule I or II drug, such as heroin or cocaine, you could be sentenced to up to 20 years in federal prison and fined up to $1 million dollars ($5 million dollars if it involves someone under 18 years old). If convicted of unlawfully prescribing Schedule III-V drugs such as oxycodone and hydrocodone, you could be sentenced to up to 10 years in federal prison and fined up to $500,000 dollars ($1 million dollars if it involves someone under 18 years old).

The government has a high burden of proof in these types of cases. In order to convict you, the government must prove that you knew the drug was a controlled substance and that you intended to unlawfully dispense it. The government will use various types of evidence to try and prove their case against you, including your medical records, patient records, and testimony from witnesses. An experienced criminal defense attorney can help you defend against these charges by challenging the government’s evidence against you and raising defenses on your behalf.

The DEA has many tools to investigate drug diversion

The DEA has a few tools at its disposal to investigate healthcare fraud. One of these is the Controlled Substances Act (CSA), which prohibits the illegal prescribing of controlled substances. The CSA also requires that all controlled substances be registered with the DEA and that all prescriptions for controlled substances be issued for a legitimate medical purpose.

Another tool that the DEA uses to investigate healthcare fraud is the Prescription Drug Marketing Act (PDMA). The PDMA prohibits the distribution of prescription drugs without a valid prescription and makes it illegal to sell, trade, or give away prescription drugs. The PDMA also requires that all prescription drugs be labeled with their proper name, strength, and dosage form.

The DEA also has the authority to investigate and prosecute healthcare fraud under the Federal Food, Drug, and Cosmetic Act (FFDCA). The FFDCA prohibits the manufacture, distribution, and sale of adulterated or misbranded drugs. The FFDCA also requires that all drugs be properly labeled with their proper name, strength, and dosage form.

FREE CONSULTATION

Testimonials

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 enough.

~ 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.

~ Rowlin Garcia

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.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us