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DEA License Surrender Defense Lawyers

April 1, 2022 DEA Defense Lawyers

DEA Mistakes Are Costly, Contact Experienced Lawyers
Surrendering a DEA registration is a mistake that is made frequently by healthcare providers who lack experience in this matter. This is the most prescient reason to contact an experienced lawyer immediately. The act of surrendering the registration is a mistake, and this can be avoided by becoming aware of the legal ramifications.

There is a great deal of advice circulating on the Internet about DEA surrenders, and it’s easy to be misled. The healthcare provider is often unaware of intricate issues that often surround this issue. Healthcare professionals tend to restrict their focus on medicine, business management and other aspects of running the office. This focus too often excludes issues related regulation and governance.

Legal Support for DEA Encounters

Legal advice can be critical when dealing with intimidating federal agencies, like the U.S, Drug Enforcement Administration. Legal support is essential for any healthcare provider facing federal agents. The agency is not operating in an impartial manner. The DEA agent might start asking questions about the prescriptions onsite, for example. There are many ways that the DEA agent may operate in aggressive terms that seek to uncover the worst in your organization. Mishandling this encounter could potentially undermine your business.

Examples of DEA Avarice

There are many examples of DEA agents acting in an aggressive and provocative manner against the organization they are charged with investigating. This includes demanding access to sensitive files and documents, for example. They may seek to extract statements that can be used against you later. They are known for taking simple misstatements and exaggerating the worst possible interpretation of this encounter. This is also the reason that gaining access to a legal team is a central concern.

Preparing for a DEA Investigation

There are steps that should be taken in order to mitigate the effects of a DEA investigation. This is a serious matter, and the procedure should be handled as if it were a potentially criminal case. There is no reason to go up against a hostile power like the DEA without legal representation. The outcome of the DEA investigation could amount to a loss of the professional license, a ruined reputation and loss of future earnings from a halted career. Protect your career and reputation by obtaining legal advice as soon as you become aware that your organization is being scrutinized by the DEA.

Avoid Voluntary Surrender of DEA Registration

Avoid giving away your protection when facing the aggressive moves of DEA agents. These federal agents understand how to intimidate inexperienced adversaries, and they are more than willing to take advantage of any situation offered to them at the time of your encounter. Don’t make mistakes that can cost you so much down the road.

This includes the act of surrendering the DEA registration voluntarily. This is one of the most common mistakes that are made; it actually helps the federal agents to increase their prosecution against your organization. Don’t volunteer any documents, and avoid eroding the legal protections that are already in place. Instead of participating in a self-defeating DEA surrender, contact a qualified attorney instead.

Handling DEA Agents Under Pressure

The DEA agent often exerts pressure on the healthcare organization in order to convince a member of the group to surrender their registration. This is presented as the safest course of action, but this is a deliberately false framing of the situation. The best course of action is to contact and hire a team of experienced DEA lawyers to mount an effective defense strategy. Let the legal team deal with the DEA agents; this is the safest way to protect your business and professional reputation.

Reasons for Performing DEA Surrender

It may come as a surprise that so many healthcare organizations and doctors agree to the suggestion made by the DEA agent. The act of surrendering the registration should be avoided. However, this decision is often driven by fear or a misunderstanding of the situation. The federal agents are often quick to sense and manipulate this fear or lack of understanding to their benefit. Legal advisors can assist your organization in navigating this difficult situation. Contact our experienced law firm the moment you become aware that your healthcare organization is under investigation.

Federal agencies usually cannot just intimidate individuals and businesses into relinquishing their rights or licenses. These may only be stripped through formal proceedings. Our nation does not make some special exception for suspensions and revocations by the Drug Enforcement Administration.

Still, overzealous DEA agents may seek to hastily retract your rights and privileges. They believe they must aggressively perform their duties, but that stance often makes them pursue healthcare providers too vigorously.

Without your DEA registration, your career will be irrevocably damaged. Fortunately, you don’t have to simply surrender it at the DEA’s demand. With the right legal team, suspension or revocation attempts can often be defeated.

It is almost never wise to voluntarily surrender your DEA registration. Your refusal to surrender forces the DEA’s hand. Normally, they will decide to formally pursue suspension or revocation, so you need our former federal prosecutors on your side throughout the process.

Our team will expertly negotiate a resolution that can keep you in good standing in your career. Expect us to dedicate ourselves toward helping you maintain your licenses and DEA registration.

Doctors, medical professionals, practices and other healthcare entities wisely look to our firm. We fight relentlessly for our clients, so put us in your corner when your career is under attack.

Reasons the DEA Can Suspend or Revoke Registrations

Despite its substantial power, the DEA must provide specific reasons for removing your registration. Typical reasons include

  • Falsified registration information
  • Official exclusion from Medicare or Medicaid
  • Felony conviction involving a controlled substance
  • Denial, revocation or suspension of a license in any state
  • Engagement in behavior against the public interest
  • Immediate danger to public health
  • Voluntary surrender of your registration

The DEA cannot take your registration due to an allegation alone. They must follow a formal adjudication process. Excluding cases concerning the public’s imminent danger, you’ll be allowed to continue practicing throughout that process.

How to Respond to a DEA Show Cause Order

To indicate its intent to suspend or revoke your registration, the DEA must formally serve you with an Order to Show Cause. This legal document gives you the DEA’s summary of the facts and relevant law regarding your situation.

You are required to respond to this order, and your response can significantly impact your career’s future. Enhance your potential for an optimal result by hiring experts who have worked the other side of these cases.

Importantly, if an Order to Show Cause comes with an Immediate Suspension Order, you must comply.

What to Expect from a DEA Show Cause Hearing

After you receive your Order to Show Cause, you will have 30 days to request a hearing. Your request must be effective, so leave it to professionals.

At your hearing, each side presents its case before an administrative law judge. This federal judge, the ALJ, presides over arguments, evidence and witnesses.

The DEA must demonstrate the need for suspension or revocation of your registration via a preponderance of the evidence. Importantly, this legal standard is lower than the one used in criminal court. The DEA must simply show that it’s likelier than not that a violation happened.

If the ALJ finds in your favor, the case ends. Otherwise, the ALJ may formally recommend your registration’s suspension or removal.

Next, the recommendation will proceed to a DEA administrator. They will weigh it against objections or exceptions submitted by your defense team or the DEA.

These factors may impact the administrator’s decision:

  • Your compliance with all applicable laws
  • Any previous convictions involving controlled substances
  • Your effectiveness at keeping controlled substances from being trafficked
  • Your professional experience with controlled substances
  • Anything regarding your actions’ impact on public health or safety

After full consideration, the DEA administrator will rule via a written decision that can modify, reject or accept the recommendation from the ALJ.

Schedule Your Free Consultation Now

If the DEA has served you with an order or pushed you to surrender your registration, contact us for a free, confidential consultation today.

We’ve got federal prosecutors on our team, and we defend clients nationwide.

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