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DEA SURRENDERS

April 6, 2022 Federal Criminal Attorneys

One day – a DEA agent arrives at your practice. He acts like your friend. But, unbeknownst to you, the agent is building a case against you. He has already made up his mind that you are guilty of prescribing controlled substances outside the scope of professional practice. He has decided to shut down your practice and take away your DEA registration certificate.

The agent asks you to surrender your DEA registration certificate voluntarily. He tells you that if you do so, he will not refer your case to the U.S. Attorney’s Office for prosecution. If you refuse, he tells you that he will refer your case for prosecution and take away your DEA registration certificate anyway. The agent assures you that if you surrender your DEA registration certificate voluntarily, the U.S. Attorney’s Office will not prosecute you for any criminal offenses related to controlled substances — and that if they do prosecute, they will not be able to use anything that was discussed during the meeting against you in court because it was voluntary surrender of your DEA registration certificate and not an interview under Miranda warnings.

The practitioner surrenders his or her DEA registration certificate voluntarily — thinking this is the best way out of a bad situation — only to find out later that they have been indicted on federal drug charges based on information gathered during the meeting with the agent who convinced them to surrender their DEA registration certificate voluntarily!

DEA Search Warrant Lawyers

If the DEA does not have a search warrant, you can refuse to allow them to enter your premises. If they insist on entering, you should ask to see their warrant. If they do not have a warrant, you can ask them to leave.

If the DEA has a search warrant, you should:

1. Not interfere with the agents as they execute the warrant;
2. Ask to see a copy of the warrant;
3. Ask the agents if they have a business card or other contact information; and
4. Contact an attorney as soon as possible.

What Are Administrative Inspections Used For?

Administrative inspections are used to gather information about whether healthcare providers are complying with federal laws and regulations related to controlled substances. This includes whether providers are prescribing controlled substances for legitimate medical purposes, and whether they are storing and distributing controlled substances in accordance with federal law. Administrative inspections may also be used to gather information about how healthcare providers dispose of controlled substances that are no longer needed.

What Happens if a Healthcare Provider Refuses to Cooperate With an Administrative Inspection?

If a healthcare provider refuses to cooperate with an administrative inspection, they may be subject to civil or criminal penalties. Civil penalties can include fines of up to $10,000 per violation, and revocation of their registration to dispense controlled substances. Criminal penalties can include fines of up to $250,000 per violation, and imprisonment for up to one year.

First, you should never surrender your registration. If you do, you will never get it back. Second, if the DEA wants to revoke your registration, they have to go through a process. They have to give you notice and a hearing. You have the right to defend yourself and present evidence that your registration should not be revoked. If the DEA does not follow this process, then their revocation is illegal and can be challenged in court.

If you are contacted by a DEA agent or receive a notice of revocation from the DEA, contact us immediately for help in defending your license or registration. Do NOT make any statements to the DEA. You should not make any statements to the DEA, because they will be used against you. You should have an attorney present when you are interviewed by the DEA.

Do NOT provide the DEA with your records. If you provide your records to the DEA, they will be used against you in civil or criminal proceedings. You should have an attorney review your records before you provide them to anyone.

Contact a Criminal Defense Attorney Who Handles Drug Cases Involving Federal Agencies

If you are contacted by a federal agency, it is important that you contact an experienced criminal defense attorney who handles drug cases involving federal agencies as soon as possible. An experienced criminal defense attorney can help protect your rights and help ensure that all of your options are considered and that you make informed decisions about how to proceed in your case.

What Happens When a Doctor Has Their DEA Suspended

The first thing that happens when a doctor has their DEA suspended is that they are no longer able to prescribe controlled substances. This can have a major effect on their ability to treat patients, as many require these types of medications. In some cases, the doctor may be able to get their license reinstated, but this is not always possible.

Another thing that happens is that the doctor’s name is added to a database of providers who have been disciplined by the DEA. This database is available to state medical boards, hospitals, and other health care facilities. This can make it difficult for the doctor to find employment, as many organizations will not want to hire someone with a history of disciplinary action.

Finally, the doctor may face criminal charges if the DEA believes that they have committed a crime. This could result in jail time, fines, and other penalties.

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DEA SURRENDERS

March 25, 2020

Avoid a professional mistake when interacting with the DEA – hire Federal Lawyers who can help you

Has the DEA advised you to surrender your Certificate of Registration for prescribing, or dispensing medications in the USA?

If so – you’re not alone. The DEA can ask at any time for you to surrender it. This is almost never a good idea, and you should hire a federal lawyer to help you.

The dea is a federal law enforcement agency that handles virtually everything pertaining to controlled substances. While on TV, the DEA is known as an agency that handles drug busts, etc, it also spends a lot of time handing doctors and health care providers who are acting in a criminal manner when it comes to controlled substances.

What is the dea looking for

The dea is looking for evidence that shows that health care professionals are violating the CSA, or other laws.

  • They get evidence from raids
  • They evidence from searching offices
  • Conducting audits
  • Conducting inspections

The goal of the DEA agent is to issue you an order to show case, wait for you to respond, conduct hearings, and then follow other procedures in order to take away your dea registration. To skip these steps, the  DEA agent may ask you to surrender your registration, on a voluntary basis. If you agree, you’re saving them work – and headache, but it’s also acting AGAINST your best interests.

Even if the DEA tries to convince you that you will lose your DEA registration because of an error, do not listen or consent to it. You should speak to a dea defense lawyer who can give you information about what a DEA suspension could be mean. When talking to the dea, use the same level of caution you would when speaking to a police officer. Whatever you tell a dea agent can be used against you even if you’ve done nothing wrong.

Most DEA audits can be routine

But if you don’t handle them carefully, they can turn into a nightmare. The department is looking for a red flag in your behavior. They are looking at statements, records, prescription history, etc. Be careful about what you say, and hire a lawyer. Our law firm has experience dealing with the DEA, and can help you.

Formal adjudication process

If you refuse to surrender your DEA certificate, the administration will move forward with the formal process. This process can take a while, often months to years. Through the process you can continue to stay in practice. If you agree to a voluntary surrender, you must cease prescribing and dispensing immediately. dea surrenders can take an immense financial toll. It means you’re going to be losing income. The dea adjudication process always runs into delays  – and that means a greater period of time where you can work and conduct your practice.

Do not simply get nervous and surrender your DEA registration. Allow the process to play out.

Consequences of  DEA Surrenders

When you agree to surrendering your DEA registration, you’re also agreeing to surrender your state license. In most cases, surrendering your DEA registration automatically results in suspension, revocations, or restriction of your state license. For simply this reason alone, you should take a pause and hire a DEA defense lawyer to aid you.

Consider hiring a DEA Audit and DEA Inspection Defense Law Firm

If you’re facing an audit, or inspection, consider hiring a law firm immediately to help you. The dea might already be building a case against you. Having an attorney can help you build a layer of defense, and avoid potential legal issues.

 

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