FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

DEA Drug Diversion Defenses and DEA Drug Diversion Reporting

March 29, 2020

Spodek Law Group is a premier and top rated federal law firm. If you are being investigated by the DEA for drug diversion offenses, we can help. We’ve helped clients such as physicians, physician assistants, pharmacists, and others, with a wide array of drug diversion issues. We can help clients involved in dea administrative issues, criminal investigations, and more.

Drug diversion is a VERY common charge and comes with strict penalties that you must be aware of. If you’re involved in a dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA drug diversion criminal investigation, you will want a dea defense lawyer to help you.

What is drug diversion, according to the dea? What are dea/defense-lawyers/dea-drug-diversion-reporting/”>DEA Drug Diversion Defenses?

Drug diversion is when prescription drugs are being improperly used for illegal activities. An example can be a doctor who sells oxy to a drug dealer. In this situation, both the doctor and drug dealer can be implicated, in addition to the person purchasing the oxy. As with other drug crimes, charges can be combined by prosecutors who are angling for tougher penalties.

What happens in a dea-audit-and-investigation-lawyers/”>DEA drug diversion investigation? What are dea/defense-lawyers/dea-drug-diversion-reporting/”>DEA Drug Diversion Defenses?

These investigations vary. Many of these investigations involve law enforcement agencies. Typically, officials will be observing the suspected parties involved in the drug diversion scandal before taking action. After gathering evidence they’ll pursue formal charges, or conduct a sting operation during which they pose as drug dealers, or other illicit users.

Some states have attempted to halt drug diversion by creating their own laws. The statutes can be used to secure evidence of wrongdoing. Many states have limits on emergency dispensing, whereas other states prevent patients from getting more than a 30 day supply of medication. dea investigations specifically focus on violations of laws by trying to get pharmacies and doctors to fulfill orders they shouldn’t.

Drug users can also be targeted for accusations of crimes, like doctor shopping, or trying to get multiple prescriptions filled by going to different doctors. Many people don’t know their rights, and may be coerced into making statements that put them in a bad position. When you’re threatened with drug diversion allegations, it’s wise to lawyer up.

How to deal with drug accusations? What are dea Drug Diversion Defenses?

Drug diversion is a real problem. You shouldn’t discuss anything with investigators because this can result in you becoming incriminated. You should speak to an experienced dea defense lawyer who can help you. Before you agree to a deal with the DEA, you should realize that you may not be satisfied. It’s hard for the dea to prove beyond a reasonable doubt that you committed the crime. You should speak to our dea/defense-lawyers/dea-drug-diversion-lawyers/”>DEA drug diversion lawyers who have experience dealing with the DEA and can work with you.

Impact of Drug Diversion Policies

Why do dea drug diversion efforts have such a far reaching impact? There is an increased focus on prescription drugs because of their rampant abuse. Many state and federal investigations have rounded up large number of suspects. This is considered a benefit to the public. Agencies crack down harder when it will produce visible results because it allows the agency to get more funding. If you’re the one being investigated, it’s likely judges and other officials might be less likely to be lenient.

Politics also plays a big role. Legislators want to look tough on crime. There are huge geopolitical factors.

If you’re under investigation for drug diversion or other offenses, contact our dea drug diversion attorneys to speak to an experienced attorney today.

Our team of Physician Drug Trafficking attorneys have many years of successfully representing healthcare providers and all other types of clients who are facing a potential drug diversion investigation by the DEA and other federal agencies.We’ve helped clients like physicians, physician assistants, pharmacists, and many other types of healthcare providers. We regularly represent healthcare providers and individuals in all phases of their case – ranging from investigation, to trial, and avoiding prosecution.

Drug diversion is a very common charge, that comes with extremely high penalties. We have experience handling cases for members of the general public, in addition to healthcare professionals. Here’s what you should know about DEA drug diversion criminal cases, and the role our Physician Drug Trafficking Lawyers can take in helping to protect you.

Physician Drug Offense Lawyers

Drug diversion, as defined by the US Department of Health & Human Service’s Office of I.G., is when prescription drugs are used for illegal purposes. Anyone involved in the chain of custody and sale, can be charged and prosecuted for the illegal activities. For example, the doctor who sells Oxycontin pills can face drug diversion criminal penalties, in addition to the drug dealer and the person who purchases the drugs. It’s common for additional charges to be tacked on, in order to get a harsher penalty by the prosecutors.

What to expect in DEA drug diversion cases

dea drug diversion criminal investigations happen often. Often, many law enforcement agencies will observe drug providers before they take action. They’ll conduct an extensive investigation, in order to conduct have as much evidence as possible to make sure their case is strong. They’ll gather substantial evidence, in order to use it in court, and so they can pursue formal charges or setup a sting operation. It’s common for members of law enforcements to pose as drug dealers, or an illicit drug user, so they can conduct an arrest, or seize evidence.

Many states have tried to stop drug diversion by creating state level laws. These statutes are applied in order to secure evidence from suspects who have conducted wrongdoing. For example, the US Center for Disease Control and Prevention states that 23 states have laws that prevent valid patients from getting more than a 30 day supply of medication. Many states also have placed limits on emergency dispensing of such drugs. It’s common for dea/defense-lawyers/dea-drug-diversion-reporting/”>DEA drug diversion investigations to focus on pharmacies and doctors who fulfill orders for medication that they shouldn’t be doing.

Physician Prescription Drug Offense Lawyers

Drug users can also be targeted in a drug diversion case, with other crimes, like doctor shopping, or trying to get multiple prescriptions filled – by going to different doctors. Many people, often don’t know their rights. As a result, they are coerced into making false statements or inaccurate statements to investigations which could put them in a tricky situation. When people are threatened with drug diversion charges, in addition to hearing charges of conspiracy, and drug distribution charges, they may end up accepting plea deals that aren’t favorable. Doctors and nurses, are often targeted under suspicions of drug diversion – and are vulnerable to prosecutorial tactics.

How Our Physician Drug Offense Lawyers can deal with the DEA drug diversion crime accusations

dea Drug diversion is an extremely serious legal problem. Our Physician Drug Trafficking Lawyers highly recommend that you speak to a dea drug diversion attorney, who can help you. Regardless of whether a full blown investigation has started, or not, we encourage you to contact us immediately. You should never discuss your case with the investigators – at risk of incriminating yourself. You should speak to an experienced DREA drug diversion lawyer. Even if you’ve given a police statement, we encourage you to speak to our drug diversion attorneys. Before agreeing to a deal that may not be beneficial, it’s crucial you have an experienced attorney who can help you discover alternative options and help you evaluate your case. It’s crucial that you realize – if the prosecutor can’t prove you did it – then their case is weak/nonexistent. Our New York dea drug diversion lawyers have handled many cases, and can help you.

Federal DEA Drug Diversion Investigations

The DEA office of diversion control was setup to combat cases of drug drug diversion against healthcare providers. The DEA investigates the alleged diversion cases,  and assists the DOJ in order to indict physicians, nurses, pharmacists, and others, involved in a criminal drug diversion case which is a violation of the Controlled Substances Act. After the DEA finishes their DEA drug diversion investigation, the DOJ will determine if Federal prosecution is warranted, or if the state prosecutors and state licensing board should handle the case. Typically, the DEA will handle drug diversion cases by sending undercover officers and patients to the physician/pharmacist – while having everything recorded. After the case is established, the dea will raid the practice/pharmacy, in cooperation with local authorities and/or FBI. During the raid, they’ll try to obtain a statement from the healthcare providers in the practice/pharmacy. We recommend never making a statement to DEA agents without advice from a drug diversion defense lawyer. Generally, in our experience, by the time the practice is raided, both the dea and DOJ have enough evidence to charge the staff, including the doctor/nurses/pharmacists and all other mid-level providers at the practice. It’s typical for an indictment to be already issued, but under seal.  It’s crucial you hire a drug diversion attorney at the first chance you determine you’re under investigation.

Physician Drug Offense Attorneys

Even if you aren’t facing criminal charges, your case will likely be referred to a prosecutor during/after the state licensing proceedings are concluded. Criminal charges resulting from drug diversion / stealing drugs are extremely common, and healthcare providers have to be very cautious when they’re responding to a letter of investigation. Any statement you make, verbally, or orally, to a state investigator can be used against you.

Our dea drug diversion lawyers have represented numerous healthcare providers in a wide array of DEA drug diversion cases, ranging from federal indictments to minor licensing issues. We represent healthcare providers of all size, and caliber, accused of drug diversion. We can help at all stages of the drug diversion case, including representing you when you’re speaking to investigators, defending you at board and administrative hearings, and helping prevent license suspension. Our dea/defense-lawyers/dea-drug-diversion-defense/”>DEA drug diversion attorneys can even help health providers accused of drug diversion by an employer – by negotiating with your employer to resolve the allegations before it’s reported to the board.

[pagelist child_of=”parent” class=”page-list-cols-3″]

 

dea Audit and Investigation Lawyers
While audits and investigations by the Drug Enforcement Administration (DEA) are routine, they can lead to you being criminally prosecuted. Also, you could face administrative action against your dea registration if an audit reveals you violated the Controlled Substances Act (CSA).

Therefore, the moment you find out a dea-audit-lawyer/”>DEA investigation or audit of your Austin practice is pending, you should immediately contact a lawyer. He or she will advise you of the rights you have in this type of situation. Your lawyer will also discuss the best way to proceed as he or she represents you before and during the audit.

dea Audits and Investigations

Audits and investigations are conducted to determine whether healthcare providers remain compliant with the Controlled Substance Act. There are a variety of reasons that your practice has become the subject of a dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA audit or inspection:

• A patient or pharmacy has expressed concerns with your prescribing practices
• There appears to be deviations in your prescribing patterns when compared to others who prescribe similar medications
• Your practice is one of many random selections to ensure compliance

Generally, practitioners are dea/defense-lawyers/preparing-for-a-dea-inspection/”>inspected by the DEA one time every three years. However, prescribing certain drugs such as buprenorphine may require more frequent inspections. Having a Drug Addiction Treatment Act of 2000 waiver may also spark more inspections.

Warrants and Notices of Inspection (dea Form 82)

The dea/defense-lawyers/preparing-for-a-dea-inspection/”>DEA does not need to obtain a search warrant for the inspection, unlike criminal searches. However, if other agencies are conducting the search for criminal proceedings and the dea is part of the criminal investigation, the agency must get a warrant before searching your practice or clinic.

The audit commences once a Notice of Inspection of Controlled Premises, or dea Form 82, is presented. Alternately, agency representatives may have an administrative inspection warrant to present to you prior to the inspection.

dea diversion investigators, who are part of the DEA’s Diversion Control Program and assigned to various field offices, conduct the inspections across the United States.

Giving Informed Consent for DEA Audits

If the diversion investigator presents a DEA Form 82, you must give informed consent before the inspection can begin. This is not simply a verbal consent that lets them on the premises; you must provide a written voluntary statement consent to the investigation.

Additionally, the statement should include acknowledgment of being informed of your constitutional right to not have the administrative inspection. Finally, the statement must also acknowledge that anything incriminating found during the inspection can be used against you in a criminal prosecution case.

The administrative search warrant is unnecessary if:

• You are applying for an initial DEA registration
• The inspection is for books and records listed on an administrative subpoena
• There is imminent danger to the public’s health or safety and the opportunity to apply for the warrant can take too long

Scope of Inspections

Keep in mind, just because the dea has a search warrant, they do not have the authority to inspect the entire premises. There are limits to what can be inspected. A recent ruling that expands the scope of inspections to patient records, but it is unclear whether this will be allowed under an administrative search warrant.

During the search, the dea may try to interview you or your employees. Any information from those discussions could be used against you during a criminal or administrative proceeding. Therefore, you should speak with a lawyer before speaking with the DEA to ensure the agency does not go beyond the scope of what the search warrant allows.

Audit Reports for Noncompliance

If noncompliance is found during the inspections, the DEA writes an audit report that details the noncompliant issues under the CSA. If noncompliance is found, the matter might be referred to the Department of Justice.

This is where criminal prosecution of what was found is considered. You may also face administrative dea/defense-lawyers/dea-registration-disciplinary-action/”>action against your DEA registration.

Seek Experienced ADEA Audit and Investigation Lawyers

Dea audit and investigation lawyers are experienced in defending our clients against audits, investigations and subsequent actions by the dea. We work with pharmacies, practitioners, distributors and others with a DEA registration.

Not only are we dedicated to protect your DEA registration, but to also protect your professional licenses, career and reputation. Allegations and investigations of noncompliance can cause damage to your professional reputation.

DEA Drug Diversion Reporting

Drug diversion is the illegal distribution/abuse of prescription drugs, or using them in a manner that wasn’t intended by the prescriber. If drugs are deflected from medical sources into the illegal market, this is a form of drug diversion. The diversion of drugs can occur at any point drugs are distributed from the manufacturer to the wholesale distributor, to pharmacies, or to the patient. In addition, members of the medical profession can also be involved in the process of diverting drugs.

The government is taking drug diversion seriously, because it often results in drug addiction, overdoses, drug related ER visits, and even death. There a few common types of drug diversion, which the dea most frequently investigates.

Common Types of Drug Diversion

Selling Prescription drugs: The dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA regularly investigates patients and individuals are who are selling prescription drugs, which are obtained legally.

Doctor Shopping: The dea regularly looks at individuals who are soliciting multiple doctors, under a variety of false pretenses, in order to get prescriptions for controlled medication.

Illegal Internet Pharmacies: The dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA regularly investigates rogue online pharmacies, that pretend that pretend they are legitimate. These pharmacies often try to sell controlled substances to individuals, without prescriptions. They evade state licensing authorities, by operating across international borders.

Drug theft: Robberies are a frequent source of drug diversion in the prescription drug supply chain. Drug theft can occur at any step of the supply chain, ranging from a manufacturer, to a pharmacy, to a patient.

Prescription pad theft: Printing and stealing prescription pads is another popular method of drug diversion.

Illicit Prescribing: The dea looks for this type of behavior when it examines providers. If the dea sees unnecessary prescriptions, or large quantity prescribing of tablets/capsules, then it’ll investigate the provider for running a pill mill.

Ways to prevent drug diversion

Below are some precautions prescribers can take to avoid a potential dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA investigation.

  • Exercise caution when patients use/request a combination of layered drugs for additional effects.
  • Document heavily when you choose to prescribe narcotics. Write information about the patient to support your prescription. If you choose not to, also have extensive documentation.
  • Protect access to your prescription pads.
  • Keep your dea and license number confidential.
  • Ensure that prescriptions are written legibly and clearly, in order to prevent forgery.
  • Move to electronic prescribing to avoid paper forgery.
  • Adhere to refill policies and educating office staff.
  • Request patients bring unused narcotics.
  • Use PDMP’s to monitor patient prescribing, before you refill or add new medications.
  • Refer patients with extensive pain management needs to specialized practices.
  • Communicate with pharmacists, and providers, in order to report suspicious behavior and in order to prevent distribution.

Penalties for Drug Diversion

New health care reform initiatives have resulted in many changes to healthcare programs. These changes have resulted in more stringent penalties for the submission of false statements/claims and any illegal activities related to prescription drugs. The Affordable Care Act requires state medicaid agencies to suspend payments to physicians who have committed committed fraud, or who may have committed it. In addition, providers terminated for Medicare or Medicaid, are also terminated by Medicaid and the CHIP in all states.

In addition, attempting to divert drugs by misrepresentation, fraud, deception, or forgery, is a felony in most states and is punished by prison and/or fines. In the US Department of Health and Human Services, there are a range of law enforcement tools which can be used in order to impose sanctions and actions on healthcare providers, ranging from recoupment and restitution, to suspension of provider license, exclusion from participation in health care programs, and imprisonment.

How should drug diversion by reported

If a prescriber believes there is drug diversion occurring, then the activity should be documented, and then reported. Local law enforcement agencies should be notified. The dea should be reported when it involves theft/loss of controlled substances.

DEA Drug Diversion Investigations

Raiser & Kenniff, PC, has immense experience helping healthcare providers facing dea/defense-lawyers/dea-drug-diversion-defense/”>DEA drug diversion investigations, get justice and legal help. We help physicians, physician assistants, pharmacists, and others, with all legal issues related to dea drug diversion. We represent clients accused by the dea/defense-lawyers/dea-drug-diversion-defense/”>DEA of drug diversion in administrative, criminal investigations, and prosecutions.

The reasons used to validate and justify law enforcement actions taken by the dea/defense-lawyers/dea-drug-diversion-lawyers/”>DEA on suspected drug diversion takes all types of shapes and sizes. Drug diversion is a very common charge, which can result in a wide array of penalties. Drug diversion is when prescription drugs are improperly used for illegal purposes. Anyone involved in the chain of custody/sale/possession can be charged with dea/defense-lawyers/dea-drug-diversion-lawyers/”>DEA drug diversion activities. For example, a doctor who sells pills can be charged with drug diversion related penalties, in addition to the drug dealer, and the person who purchases the drugs. Often, charges are combined together by prosecutors in order to push for harsher penalties – both civil and criminal.

dea drug diversion investigations vary widely. Many involve participation from law enforcement agencies, and other local officials. Typically, a joint task force will collect as much evidence as possible before taking actions. After gathering the evidence, they’ll pursue formal charges, and setup sting operations in an attempt to pose as drug dealers, so they can catch the healthcare provider in the act of drug diversion – in order to justify an arrest, or seizure of evidence.

Many states have attempted to stop drug diversion with their own laws. Most states have statutes which are applied to secure evidence of wrongdoing. For example, the US Center for Disease Control and Prevention notes that over 23 states have laws which prevent patients from getting more than 30 day supply of medication. Most states also have limits on the emergency dispensing of medicine. dea drug diversion investigations often focus on healthcare providers who fulfill orders they shouldn’t.

Statements Made to dea/defense-lawyers/dea-drug-diversion-lawyers/”>DEA Investigators Regarding DEA Drug Diversion Activities

Depending on the severity of your case, you may face criminal charges. Even if you don’t face criminal charges, your case might be referred to a prosecutor, in addition to state licensing authorities. Criminal charges stemming from alleged dea/defense-lawyers/dea-drug-diversion-lawyers/”>DEA drug diversion is very common among nurses, physicians, pharmacists. As a result, you have to be cautious when responding to state letters of investigation pertaining to dea/defense-lawyers/dea-drug-diversion-lawyers/”>DEA drug diversion allegations. Any statements you make to a state licensing investigator, can, and will, be used against you in both criminal and civil charges. Our firm works with all types of healthcare providers, in all stages of the investigation process. Whether it be a multiple count federal indictment, to a minor licensing issue. Our dea drug diversion lawyers have experience representing doctors, nurses, pharmacists, and all other healthcare professionals who are accused of drug diversion.

[pagelist child_of=”parent” class=”page-list-cols-3″]

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