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We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



DEA Voluntary Registration Surrenders Lawyers

If you’re facing a DEA investigation, the best thing you can do is to consult with an experienced healthcare attorney who has handled these cases before. The sooner you get legal help, the better your chances of avoiding a DEA surrender.

In this article, we’ll talk about what happens when you surrender your DEA registration and how to avoid making this mistake.

What is a DEA Surrender?

When the DEA completes an investigation into your prescribing practices and determines that your registration should be suspended or revoked, they will issue a Notice of Opportunity for Hearing (NOOH). This notice gives you the opportunity to request a hearing before an Administrative Law Judge (ALJ) at the Office of Administrative Law Judges (OALJ).

If you decide not to request a hearing or if the ALJ finds that your registration should be suspended or revoked, then you will receive an Order to Show Cause (OSC) from the DEA. The OSC gives you 30 days to show why your registration should not be suspended or revoked. If you do not respond within 30 days, then your registration will automatically be surrendered and suspended or revoked by operation of law.

A voluntary surrender is different from an automatic surrender in that it occurs when you sign and return a “Voluntary Surrender Agreement” form provided by the DEA in response to their OSC. You may also choose to voluntarily surrender if they have already issued an order suspending or revoking your registration but have not yet begun proceedings against it.

Why You Should Avoid Voluntarily Surrendering Your Registration

There are several reasons why voluntarily surrendering your registration is generally considered bad advice:

  1. You’ll lose your license to prescribe controlled substances.
  2. You’ll have to notify your state licensing board that you surrendered your registration, which could lead to disciplinary action against your state license.
  3. You’ll have to notify the Centers for Medicare and Medicaid Services (CMS) of the surrender, which could lead to a loss of participation in Medicare and Medicaid programs.
  4. You may be required to surrender your DEA registration if you are convicted of a felony related to controlled substances, but this is not the same as voluntarily surrendering it in response to an OSC or other administrative proceeding.
  5. Voluntarily surrendering your registration does not prevent you from being prosecuted criminally for any offenses related to controlled substances that the DEA is investigating.
  6. Voluntarily surrendering your registration does not prevent you from being sued civilly for any offenses related to controlled substances that the DEA is investigating, such as civil forfeiture or medical malpractice claims by patients who were injured by prescriptions they received from you while you were under investigation by the DEA.
  7. Voluntarily surrendering your registration does not prevent the DEA from investigating you for any offenses related to controlled substances that they are not already investigating.
  8. Voluntarily surrendering your registration does not prevent the DEA from investigating any other persons or entities that they believe were involved in any offenses related to controlled substances that you are being investigated for, such as employees, employers, or patients.
  9. Voluntarily surrendering your registration does not prevent the DEA from revoking your state license to prescribe controlled substances if they determine that you should have your registration suspended or revoked.
  10. Voluntarily surrendering your registration does not prevent the DEA from referring your case to state or federal prosecutors for criminal prosecution if they determine that you should have your registration suspended or revoked.
  11. Voluntarily surrendering your registration does not prevent the DEA from referring your case to state licensing boards for disciplinary action if they determine that you should have your registration suspended or revoked.
  12. Voluntarily surrendering your registration does not prevent the DEA from referring your case to CMS for disciplinary action if they determine that you should have your registration suspended or revoked, which could lead to a loss of participation in Medicare and Medicaid programs.

You have rights

When you’re under the gun, it’s easy to forget your rights. It’s easy to feel like you have no choice but to answer their questions. But that’s not true. You have the right to remain silent, and you should exercise that right immediately.

The Fifth Amendment of the U.S. Constitution protects citizens from self-incrimination by guaranteeing them the right to remain silent when questioned by law enforcement officers about a crime they may or may not have committed. The Fifth Amendment also protects citizens from being forced to surrender evidence against themselves through self-incrimination.

The Fifth Amendment applies in civil cases as well as criminal cases, and it applies even if you are not a suspect in a criminal investigation—which is often the case when DEA agents come knocking on your door or call you on the phone asking questions about your practice and prescribing habits.

In many cases, physicians and healthcare organizations will voluntarily surrender their registration after being questioned by DEA agents because they fear that if they don’t, they will be arrested or otherwise penalized for exercising their Fifth Amendment rights and refusing to answer questions without an attorney present. This is simply not true—the Fifth Amendment does not protect citizens from arrest or penalty for exercising their constitutional rights; it only protects them from self-incrimination through forced testimony or evidence production against themselves in criminal proceedings (or civil proceedings with criminal consequences).

Of course, there are exceptions to this rule: If you are placed under arrest, you can be compelled to provide information related to your identity (such as your name) without violating your Fifth Amendment rights; if you are placed under oath in a deposition or trial setting, you can be compelled to testify about matters related directly to those proceedings; if federal investigators have probable cause that a crime has been committed and believe that information contained on your computer may help them solve that crime (e.g., child pornography), they can search your computer without violating your Fourth Amendment rights against unreasonable searches and seizures; etc., etc., etc…

But these exceptions do not apply in most situations where DEA agents come knocking on doors or calling offices asking questions about prescribing habits—in those situations, physicians are absolutely entitled by law (and protected by the Constitution) from answering any questions without an attorney present who can protect their interests and ensure that any information provided is done so accurately and completely so as not to create any misunderstandings or justifications for further investigation down the road…and yes, this includes whether or not they hold a valid registration with DEA!

The bottom line is that you have the right to remain silent when questioned by DEA agents about your prescribing habits. You have the right to have an attorney present when answering questions. You have the right to refuse to answer questions or surrender evidence against yourself. And you should exercise those rights immediately, without hesitation, and without fear of arrest or penalty for doing so.

If you are contacted by DEA agents asking questions about your prescribing habits, do not answer any questions without first consulting with an experienced healthcare attorney who can protect your interests and ensure that any information provided is done so accurately and completely so as not to create any misunderstandings or justifications for further investigation down the road.

 

 


Charle Butler
Charle Butler
2021-03-12
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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