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Determined Legal Defense and Trusted Advice for Protecting Your Best Interests in DEA Inspections
The U.S. Drug Enforcement Administration (DEA) is one of the most powerful agencies in the country, so when they coming knocking on the front door of your clinic, you want to take the situation seriously and proceed with caution.
While the DEA is best known for its work in busting big street dealers and smugglers who sneak illicit drugs into the country, the agency has another major focus that doesn’t always get as much attention: busting doctors, pharmacists, nurse practitioners, and medical business executives who they believe might be involved in issuing prescriptions or medications unlawfully.
Make no mistake about it: the DEA’s agents can be every bit as plotting and ruthless against well-educated, white-collar medical professionals as they are against rough street criminals. So aggressive, in fact, that they often cast an overly wide net, and innocent health care providers get caught up inside.
In most cases, it all begins with a DEA audit or inspection. Agents might arrive at your clinic with very little warning, and their mission is to look for any potential evidence of a crime (violations of the Controlled Substances Act, or CSA, in particular).
If you are currently facing a DEA audit or inspection, do not panic. Most of these inspections are routine in nature. They generally occur once every three years or so, and do not indicate that you are under any suspicion of having committed a crime.
Even in routine inspections, though, health care providers need to proceed most carefully. Saying the wrong thing, or revealing a small and altogether accidental error, can have frightening, lifelong repercussions.
You must remember that the DEA is a federal law enforcement agency. It can and will use any evidence it finds against you. Even if you have not done anything wrong, the DEA might still look for what it calls “suspicious patterns” or behaviors in your practice’s prescribing history. These “red flags” can lead to real trouble in otherwise innocent situations.
That’s why it is in your best interest to get an experienced DEA audits and inspections attorney on your side as quickly as possible. A lawyer can guide you through DEA audits and inspections, advise you on how to respond (or not to respond) to the Administrations’s requests or recommendations, and can defend you against any potential enforcement actions.
The Criminal Defense Firm is a law firm comprised of former federal prosecutors who now represent doctors and health care providers all across the United States. With decades of experience on both sides of these cases, we’re often able to guide our clients to total success in the face of the DEA.
Don’t risk the future of your practice or the vitality of your career on the chance of a DEA audit or inspection going the wrong way. Call The Criminal Defense Firm today.
Put our highly experienced team on your side
Brian J. Kuester
Former U.S. Attorney
Former DA
Amanda Marshall
Former U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney
& Former District Attorney
Local Counsel
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Linda Julin McNamara
Former Chief, DOJ Appeals
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Kevin M. Sheridan
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Dennis A. Wichern
Former Special Agent-in-Charge (DEA)
Frequently Asked Questions
What Triggers a DEA Audit or Inspection?
There are a few reasons the Drug Enforcement Agency might initiate an audit or inspection of your practice. These can include the following.
- Deviations in the way your practice issues prescriptions as compared to other medical practices
- Unusual business activities in your practice (e.g., staying open later, having a small support staff, serving a large number of patients from a different state)
- Tips or reports from patients, doctors, pharmacists, insurers, or other organizations that could cast suspicion on you or your practice
- Random or routine inspections to ensure compliance with the Controlled Substances Act
Of course, deviations in your prescription practices or business manner do not necessarily indicate a crime. You might simply have a different business strategy, or perhaps your office happens to serve a unique market. These things should not trigger undue scrutiny, but unfortunately, that has been the case for far too many practices in the past.
Once the DEA’s suspicion is aroused, its agents might begin to scrutinize your practice’s patterns and records through a distorted lens. That’s why it is so important to have a deeply experienced and passionate DEA audits and inspections attorney to protect you and defend your interests ideally, as soon as the process begins.
Can the DEA Conduct an Audit or Inspection Without a Warrant?
Generally speaking, the DEA does not need a warrant for audits and inspections, provided that:
- They are investigating potential violations of the CSA, and
- They are not working with another law enforcement agency as part of a criminal investigation, and
- They receive your written informed consent
If you refuse informed consent, the DEA will need to get either a formal search warrant (which requires probable cause) or a more limited administrative inspection warrant (for which probable cause is not required, meaning the warrant is much simpler for the DEA to secure). Your DEA audits and inspections lawyer can help you decide whether to refuse consent in your case.
If the DEA is working with another agency in a criminal investigation, then it will need to demonstrate probable cause to a federal court and secure a formal criminal search warrant prior to any audit, inspection, or raid.
Otherwise, the DEA can proceed without a warrant. This surprises many doctors and other providers, who are hardworking and widely respected professionals in their fields and never dreamed they would be under a federal microscope.
When acting without a warrant, the DEA will file a Form 82 (Notice of Inspection of Controlled Premises) and can then proceed with audits and inspections.
Whether a warrant is involved or not, it is a good idea to talk with a DEA audits and inspections lawyer about the most effective strategies for navigating the inspection process as soon as possible.
Contact the DEA Audits and Inspections Defense Lawyers at The Criminal Defense Firm
If you are currently facing a DEA audit or inspection, we encourage you to contact our office right away. Remember: the federal government takes these cases very seriously and proceeds aggressively. You should too. In fact, by the time you find out that you are under investigation, the government may already be building a case toward revoking your DEA registration or filing criminal charges.
We offer free, confidential consultations. To speak with a DEA health care defense attorney about your investigation, please call The Criminal Defense Firm at 866-603-4540 or contact us online today.