Types of DEA Matters We Handle
Audits and Inspections
DEA audits and inspections are a routine part of the healthcare industry, particularly in certain sectors, but that doesn’t mean providers can afford to take them lightly. If you or an employee has received a DEA Form 82 (Notice of Inspection of Controlled Premises) or an administrative inspection warrant, it is crucial to consult with an experienced defense attorney or a top DEA compliance consultant before granting access or providing any information. In most cases—when presented with a DEA Form 82—providers have the right to informed consent for DEA audits. It is essential to understand your rights and evaluate whether consenting is in your best interest.
During an audit or inspection, DEA agents may request patient and billing records, interview employees, and employ various methods to gather information. Given the potential risk that any disclosed information could be interpreted as evidence of a federal healthcare law violation or criminal offense, it is vital to make informed decisions from the outset of the audit or inspection process.
Criminal Enforcement
DEA audits, inspections, and investigations can lead to criminal charges under a wide range of federal statutes, including:
- Healthcare-specific laws, such as the Anti-Kickback Statute.
- General anti-fraud laws, such as the False Claims Act.
- General criminal statutes, including those prohibiting mail fraud, wire fraud, and the unlawful sale or distribution of controlled substances under the Controlled Substances Act.
In many cases, a DEA investigation can be either civil or criminal in nature. If federal prosecutors have not yet filed criminal charges, our top priority is to keep the matter civil. However, if criminal charges—and the risk of federal imprisonment—become unavoidable, we act swiftly and strategically to mitigate the consequences of your DEA investigation. Whenever possible, we work to secure a favorable resolution before trial.
Registration and Renewal Denials
Our attorneys have extensive experience assisting clients with DEA registration and renewal, ensuring compliance with the requirements for submitting a successful DEA Form 224 (initial registration) or DEA Form 224a (renewal registration). While the process is expected to take four to six weeks, delays are common, and many providers go months without a response—only to later learn that their applications have been denied.
When the DEA denies a registration application, it must issue a show cause order, outlining the reasons for denial, which may include:
- Providing false information on the application
- A felony conviction
- Suspension, revocation, or denial of a state license or registration
- Exclusion from Medicare or Medicaid
- Actions deemed “inconsistent with the public interest”
If you receive a show cause order, you have the right to request a hearing and challenge the denial of your DEA registration. Given the complexities and serious consequences involved, securing skilled federal defense representation is strongly recommended to protect your ability to practice or operate your business.
Requests for Surrender of Registration
If the DEA has requested that you voluntarily surrender your registration, it is crucial to fully understand your legal rights. Most importantly, you are not required to surrender your registration at any point during a DEA audit or investigation.
Before making any decisions, you should also consider the potential consequences of voluntary surrender, which may include:
- Immediate loss of your ability to practice
- Disciplinary action from state licensing and regulatory boards
- Ineligibility for future DEA registration
If a DEA agent has asked you to surrender your registration, we strongly recommend seeking legal guidance before taking any action. Contact us for a free and confidential consultation to discuss your options and protect your rights.
Suspensions and Revocations
DEA registration suspensions and revocations can arise from various factors, making it essential for registrants to take informed and strategic action when facing a DEA inquiry. Our attorneys have extensive knowledge of what does—and does not—constitute grounds for suspension or revocation. If the DEA is attempting to suspend or revoke your registration, we can provide the legal guidance and defense necessary to protect your right to practice or operate your business.