Last Updated on: 28th July 2023, 07:21 pm

When The DEA Knocks On Your Door: Todd Spodek’s Guide

Caught in the DEA’s Crosshairs? Here’s What You Need to Know

Alright, so the U.S. Drug Enforcement Administration (DEA) is snooping around your pharmacy. Sounds scary, doesn’t it? They’re checking everything from Anti-Kickback Statute violations to opioid diversions. Time to buckle up, my friend. This is where Todd Spodek and the Spodek Law Group steps in.

Todd Spodek, the lead of our DEA Investigation Team, is a seasoned veteran in these matters. If the DEA has your pharmacy under the microscope, the reasons could be plenty. What happens next is a mix of what they’re searching for and how you handle their questions.

Since there’s quite a bit at stake here, you’ve got to get yourself some top-notch federal defense. As soon as your pharmacy lands in the DEA’s spotlight, Todd and his team are ready to step in and play hardball on your behalf.

Todd Spodek’s Ten-Step Action Plan in the Face of a DEA Investigation

Hey, is your pharmacy under the DEA’s lens? Here’s Todd Spodek’s 10-step action plan to navigate the storm:

1. Get Proactive with the Investigation

When the DEA is on your tail, there are three things you can do: ignore it, play along, or, get proactive. By getting Todd and his team to step in, you slow things down. It keeps the DEA on their toes and helps avoid any unnecessary info leak that might complicate things. At Spodek Law Group, we step in fast, use our experience, and find the best way forward.

2. Scope It Out

DEA investigations can be broad. To defend your pharmacy, we first need to figure out what they’re really after. By intervening, we figure out whether it’s about:

Anti-Kickback Statute violations
DEA registration violations
Drug Supply Chain Security Act (DSCSA) violations
Electronic prescription fraud
Inventory, storage, disposal, or recordkeeping violations
Medicare, Medicaid, or Tricare billing fraud
Money laundering, mail fraud, or wire fraud
Private insurance billing fraud
Opioid diversion
Specialty or compound pharmacy fraud

3. Uncover the Trigger

Besides figuring out what they’re investigating, it’s equally important to find out why. Did a patient or employee raise a flag? Or, is it just a routine inspection? Your defense strategy will differ based on this.

4. Conduct an Internal Risk Assessment

When the DEA is investigating you, knowing what they might find is crucial. You need this info as early as possible. So, your pharmacy’s DEA defense counsel, i.e., us, will conduct a swift and thorough risk assessment.

5. Evaluate the Assessment Results

Once the assessment is done, you need to promptly evaluate the results. Does your pharmacy have its compliance in order? Or are there gaping holes? Depending on the findings, your defense strategy would differ.

6. Plan Your Defense

Based on the assessment, your defense strategy is crafted. It must be laser-focused on the allegations but also flexible enough to not reveal unnecessary information.

7. Learn What To Do (and What Not To Do) During the Investigation

Now, it’s essential that you tread carefully. As we guide you through this, it’s paramount you follow our advice to the tee.

8. Defend Your Pharmacy Against Allegations

With a clear idea of the DEA’s focus, what could lead to charges, and your defense plan, it’s time to fight back. Rely on us to communicate with the DEA agents, deal with the prosecutors, and try to avoid charges.

9. Aim for a Favorable Pre-Charge Result

The best outcome? Wrapping this investigation up without any charges. Whether it’s avoiding liability or negotiating a settlement, we at Spodek Law Group aim for this in every DEA investigation.

10. Prepare for a Federal Grand Jury if Required

If we can’t avoid charges, it’s time to brace yourself for a federal grand jury. Remember, pharmacy investigations can lead to civil or criminal charges, and the DEA can be ruthless with their indictment.

Common Violations Unearthed During DEA Audits

Keeping those who aren’t prescribed controlled substances from getting their hands on them is what drives the DEA. They’re the main feds keeping pharmacies in check, ensuring they toe the federal law line. Here are some rules they often check:

21 CFR 1304.03 – Persons Required to Keep Records and File Reports: This law mandates pharmacists to maintain records of certain controlled substances. Compliance is a must, but exemptions exist. If they only prescribe these substances or dispense/administer them occasionally, they’re off the hook. As § 1304.03 says, “The intent of the [DEA] is to permit the registrant to keep one set of records which are adapted by the registrant to account for controlled substances used in any activity.”