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DEA Pharmacy Investigations Lawyers

DEA Pharmacy Investigations Lawyers

Our attorneys help with DEA audits and inspections of pharmacies nationwide.

The DEA oversees all matters related to controlled substances in the USA. It regularly conducts investigations that are intended to stop the unlawful distribution of drugs. The DEA looks at pharmacies as major hubs of drug diversion and drug trafficking. It regularly audits pharmacies in order to ensure that procedures are being followed. The DEA will investigate pharmacies based on suspicious activity or reports of unlawful dispensing of controlled substances. Pharmacies and pharmacists are advised to get the help of a DEA defense lawyer who can assist them with their DEA audit, inspection, or investigation.

The Spodek Law Group can help with all types of legal situations you may find yourself in involving DEA registration, professional licensing, audits, and more.

Issues in DEA Pharmacy Inspections

There are many issues that are part of any DEA pharmacy inspection. Before the DEA does an audit or inspection of your pharmacy, it has to receive informed consent from the holder of a DEA certificate of registration – or it has to get an administrative search warrant. Before consenting to an investigation, a registrant should speak to an attorney who can advise them of their rights and make sure they understand what the DEA is allowed and not allowed to do.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
TaĂŻko BeautyTaĂŻko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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DEA investigations will usually be focused on potential violations surrounding the dispensing of controlled substances. Investigations can address things such as:

  • Ordering of controlled substances
  • Inventory management
  • Prescription fraud monitoring
  • Security of the drugs at the pharmacy
  • Transfer and disposal of controlled substances

What to Do When Facing a DEA Investigation

There are a few ways you can respond to a DEA investigation. You can ignore the DEA investigation or comply with their demands. By hiring a DEA defense attorney, you can work to slow down the investigation and also ensure that investigating agents don’t overreach. You can avoid potential pitfalls, with the DEA defense attorney acting as a barrier and preventing any acceleration in the case.

When involved in a DEA investigation, one of the most important things to do is determining the scope of the investigation. DEA investigations can target a broad array of offenses. In order to ensure your pharmacy gets the right defense, it’s important to understand the scope of the inquiry. Our defense lawyers can help you determine why the pharmacy is being targeted:

  • Stark/Anti-Kickback statute violations
  • DEA registration issues
  • DSCSA violations
  • Prescription fraud
  • Inventory/Storage/Disposal recordkeeping violations
  • Medicare/Medicaid billing fraud
  • Money laundering
  • Mail fraud
  • Wire fraud
  • Opioid diversion

It’s important to understand and identify what triggered the investigation. In addition to determining the scope of the investigation, it’s critical to determine what triggered the investigation. Is the DEA doing a routine inspection? Is there a whistleblower who contacted the agent? These are all different situations and they require different strategies.

One of the first things you should consider doing is conducting an internal risk assessment. When the DEA is looking at your pharmacy, you need to know what, if anything, the DEA might find. It’s critical you conduct this audit with your pharmacy’s DEA defense lawyers so that the attorney-client privilege applies to any findings from this audit. After you conduct the audit, you have to look at the results. If there are deficiencies in your compliance efforts, then you need to fill those gaps.

The next step after reviewing the results of your internal pharmacy risk assessment audit is to formulate a strategy. Your defense strategy has to address all the allegations in the investigation. If you are the target of a DEA investigation, you have to be very careful about what you say and do. Your DEA defense attorney is critical in this process because he/she can tell you what to do and not to do. Once you have an understanding of the scope of the DEA’s investigation, you can then understand what potential there is for charges to be filed against you.

Once your pharmacy is in the DEA’s crosshairs, the best thing you can do is hire a DEA defense attorney.

Our DEA Defense Services

As licensed healthcare providers, the stakes are high when it comes to facing investigations and administrative actions from the Drug Enforcement Administration (DEA). At our firm, we understand the gravity of these situations and are dedicated to fiercely representing physicians, pharmacists, dentists, nurses, and other healthcare providers and practices before the DEA.

Our services include expert assistance with:

  • DEA registration applications
  • Representation in DEA investigations, including “inspections” and “site visits”
  • Defending healthcare providers in response to:
    • DEA Orders to Show Cause
    • DEA Suspension Orders
    • DEA Memorandums of Agreement
    • DEA number revocations
    • DEA administrative hearings
    • Cases referred by the DEA to the U.S. Attorney’s office for criminal prosecution

The DEA, through its Office of Diversion Control, zealously prosecutes reported offenses and these tactics result in individuals being stripped of their registrations and licenses before they even have the opportunity to process the fact that they are being investigated. This is part of the psychological aspect of the initial thrust and parry. Although it is difficult to stand up for yourself in the face of such force, it is imperative that you resist the temptation to yield.

At our firm, we believe that the best defense is a good offense. In these matters, the process of investigating your license or DEA registration is the subject of administrative law and, therefore, different than other processes with which you may be familiar. Having an experienced attorney guide you through the steps enables you to find active solutions early.

Even if you are not overwhelmed by the investigatory process and believe that your extensive education, professional knowledge, and medical practice experience empower you to mount a successful defense, please remember that this is a legal investigation with long-range consequences. If there are sanctions, then these are reported to the National Practitioner Data Bank (NPDB) and the state licensing boards for other jurisdictions in which you may be licensed. In addition, the DEA may refer a case to the U.S. Attorney’s office for criminal prosecution.

The steps involved in an administrative legal action involve interviews and appearances with field investigators and licensing boards, followed by written proposals and possible suggested sanctions. At this point, engaging an attorney and starting to defend yourself becomes progressively less effective. The administrative body has made conclusions with regard to your situation. Those decisions have become part of the record and incorporated into the general body of what is known. Challenging these items and beliefs will become tantamount to pushing a boulder uphill. It is far more efficient to seek assistance when the boulder is still a pebble.

After the findings and proposed sanctions have been rendered, you are faced with two possibilities: settle or face an administrative hearing. Neither prospect is particularly appealing. If you do decide to pursue formal administrative action, the process is arduous and confrontational.

Possible forms of administrative sanctions include:

  • Reprimands placed in the public record
  • Suspensions of your license or registration
  • Long-term or permanent restrictions
  • Probationary periods of indeterminate length
  • Complete revocation of your registration and/or license

Any of these results can significantly interfere with your career and, of course, revocation of your license is certainly a death knell for the professional path that you were following as it will impact out-of-state licenses as well as the one that was the subject of the immediate investigation.

If your pharmacy or medical practice is facing a DEA investigation, audit, or any administrative action, contact the experienced DEA defense attorneys at Spodek Law Group today. We will fight aggressively to protect your rights, your livelihood, and your future.

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