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Trusted Federal DEA Defense Attorneys Protecting Health Care Providers Against an Overly Aggressive DEA
Prescription drug abuse is the new American epidemic, and lawmakers are under tremendous pressure to take authoritative action toward stopping it.
Accordingly, federal law enforcement agencies are setting their sights on pill mills and widespread prescription fraud, “cracking down” on doctor’s offices, pharmacies, and health care clinics across the country.
The United States Drug Enforcement Administration (DEA) is among the most vigilant of those forces. Long known for its tough tactics against illicit drug dealers on city streets, the DEA is now adopting an equally aggressive posture against less likely “criminals” medical experts who spend their days helping sick people heal.
Undeniably, prescription fraud is a real concern in this country, and pill mill activity should be condemned. But just as concerning is the DEA’s overaggressive use of investigations for doctors and pharmacies that have not done anything wrong.
Indeed, many of the DEA investigations we’ve seen in recent years have sprung from misunderstandings, trumped-up evidence, or so-called “red flags,” which ascribe sinister motives to innocent behavior without cause.
In their effort to protect the public, the DEA can cast too wide a net, and well-meaning, hard-working health care professionals get snatched up inside. Sadly, even if the DEA ultimately does not take disciplinary action, the impact of a DEA investigation on a doctor or clinic can be destructive.
If you are currently the target of DEA investigations against doctors and pharmacies attorneys, please realize that the DEA is a federal law enforcement agency, and it does not represent your best interests. On the contrary, the DEA can (and will) use any and all evidence it can find against you.
We urge you not to face a DEA investigation on your own. It is all too easy to say the wrong thing, miss a filing deadline, or make a critical error that the Administration and its agents will use against you.
Instead, get an experienced team of DEA defense lawyers on your side. The Criminal Defense Firm is a firm of former federal prosecutors who now fight for the rights of doctors and other health care providers against the DEA and other government agencies.
Let us put our experience on the other side to work on your behalf. Let the DEA know you have representatives who can be just as aggressive and will insist on protecting your rights. Contact 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
Does DEA Investigations Against Pharmacies or Health Care Providers Require a Warrant?
Whether the DEA needs the warrant to search your clinic depends on the nature of the investigation and whether the DEA is acting alone.
If the DEA is working with another law enforcement agency as part of an investigation, then it must secure a probable cause warrant from a federal court before any search or inspection.
Otherwise, the DEA is allowed to proceed without a warrant, as long as it gets your written informed consent first (and provided that its search pertains to potential violations of the Controlled Substances Act or CSA).
If you decline to give written informed consent, the DEA can proceed by getting an administrative warrant, which must still come from a federal court but does not require probable cause (so it is easier to get).
You should talk to an experienced DEA defense lawyer about whether withholding informed consent is a good idea in your case.
What Are the Potential Outcomes of a DEA Investigation?
If the DEA believes you are in violation of the CSA, it might take any of the following actions against you, your pharmacy, or your clinic:
- Assessing monetary fines (including “special assessments”)
- Conducting DEA audits and inspections
- Conducting DEA raids
- Criminal charges or imprisonment (may be a joint effort with other law enforcement agencies)
- Probation
- Requesting voluntary surrender of your DEA Certificate of Registration
- Suspending or revoking your DEA registration
- Suspending your medical license (through your state’s licensing board)
What Might Trigger a DEA Investigation into a Pharmacy or Medical Clinic?
The Drug Enforcement Administration’s “red flags” include:
- Anonymous tips from patients or community members
- Deviations from other doctors prescribing patterns
- Serving a large number of out-of-state patients
- Operating during unusual hours
- Adopting a cash-only payment policy for patients
- Failing to keep adequate records
- Seeing an unusually large number of patients per day
- Any other activity the Administration might identify as unusual
Naturally, there are many perfectly legitimate explanations for many of these things, and they do not always suggest a crime. Nevertheless, once the DEA’s suspicion is aroused, your best interest is served by getting the best available legal defense as quickly as possible.
If You Are Being Investigated, Talk to the Experienced DEA Defense Attorneys at The Criminal Defense Firm Today
If you are currently under an active investigation by the U.S. Drug Enforcement Administration, we urge you to be proactive in protecting your legal interests. The DEA will likely move aggressively, and it may have already been building a case against you for some time. Please contact the dedicated DEA investigations against doctors and pharmacies lawyers of The Criminal Defense Firm as quickly as possible.
We offer free, confidential consultations. To speak with a federal defense lawyer about your DEA matter, please call The Criminal Defense Firm at 866-603-4540 or contact us online today.