What Typically Triggers a DEA Investigation?
If You Are Contacted by the DEA
If you are contacted by the DEA, it is important that you immediately contact a DEA defense lawyer. Your lawyer will be able to advise you on how to respond to the investigation and will be able to ensure that your rights are protected. In addition, your lawyer can also help you avoid making any statements that could potentially incriminate yourself or your pharmacy.
The DEA is responsible for investigating and prosecuting those who violate the federal Controlled Substances Act. The DEA‘s Office of Diversion Control is tasked with preventing, detecting, and investigating drug diversion. Drug diversion occurs when a practitioner or facility diverts controlled substances from legitimate medical use to illegitimate use.
The DEA‘s Office of Diversion Control is organized into five divisions: the Office of Diversion Control, the Office of Enforcement Operations, the Office of Forensic Sciences, the Office of Special Intelligence, and the Office of Training and Education.
About the CSA
The DEA is responsible for enforcing the Controlled Substances Act (CSA), which establishes a system of registration and control for persons who manufacture, distribute, or dispense controlled substances. The CSA requires that persons who handle controlled substances obtain a registration issued by the DEA. In addition to the CSA, the DEA also enforces other laws related to controlled substances, including the Federal Food, Drug, and Cosmetic Act (FFDCA) and the Comprehensive Drug Abuse Prevention and Control Act of 1970 (the Controlled Substances Act of 1970).
The CSA prohibits the manufacture, distribution, dispensing, or possession of controlled substances except in accordance with a valid prescription or order from a practitioner. The CSA also prohibits the distribution of controlled substances to practitioners who are not registered with the DEA. In addition to these general prohibitions, the CSA imposes specific restrictions on certain classes of controlled substances, including Schedule I and II drugs.
The CSA defines “practitioner” as a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in the United States. The term “practitioner” does not include a pharmacy.
The CSA requires that practitioners who dispense controlled substances obtain a registration issued by the DEA. A practitioner must renew his or her registration every three years. The registration process requires the submission of an application that includes information about the practitioner‘s professional qualifications and experience. In addition, practitioners must submit fingerprints and undergo a background check.
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(212) 300-5196The CSA also requires that practitioners who prescribe controlled substances obtain a separate registration issued by the DEA. A practitioner must renew his or her registration every three years. The registration process requires the submission of an application that includes information about the practitioner‘s professional qualifications and experience. In addition, practitioners must submit fingerprints and undergo a background check.
What Happens if DEA Agents Visit Your Office?
If you are a registration holder and DEA agents come to your premises, you should request to see their warrant or inspection notice. If they do not have one, you should politely decline to let them enter the premises.
You can always ask for a business card and inform the agent that you will contact your attorney or the local DEA office for further guidance.
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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
If you are a registration holder and DEA agents come to your premises, you should request to see their warrant or inspection notice. If they do not have one, you should politely decline to let them enter the premises. You can always ask for a business card and inform the agent that you will contact your attorney or the local DEA office for further guidance. To obtain records from a registration holder, DEA agents usually need either an administrative subpoena or a search warrant. The subpoena must be issued by an Administrative Law Judge (ALJ) after considering arguments from both sides of the case. A search warrant must be issued by a judge after finding probable cause that evidence of criminal activity is located on the premises being searched.
Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.
Can they take patient records without patient consent?
A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.
This is general information only. Contact us for advice specific to your situation.
The records sought by DEA agents may include: patient files; prescriptions; inventory records; and sales receipts. To obtain information about an individual from his/her doctor, DEA agents usually need either an administrative subpoena or grand jury subpoena. A grand jury subpoena requires approval of a federal prosecutor who has presented evidence of criminal activity before a grand jury panel of 16-23 citizens who find probable cause that evidence of criminal activity is located on the premises being searched. An administrative subpoena does not require such approval but does require compliance with procedural requirements designed to protect against abuse.
The information sought by DEA agents may include: medical records; prescriptions; and other information about patients’ medical conditions.
