U.S. DEA Audits and Investigations Attorney

Lawyer Assisting Prescribers and Pharmacies Throughout the United States With DEA Inspections

Medical providers are required to comply with the Federal Controlled Substances Act (CSA) when prescribing or dispensing medications. The Drug Enforcement Administration (DEA) regularly conducts audits of practitioners and pharmacies to ensure that they are in compliance with all regulations, and it may also perform investigations in cases where the unlawful prescribing or unlawful dispensing of controlled substances is suspected. During an audit, inspection, or investigation, providers should be sure to understand their rights and take the correct steps to avoid penalties to their DEA registration or medical licenses.

At The Law Offices of Joseph J. Bogdan, Inc., we understand the serious nature of matters involving the DEA, and we have the knowledge and experience needed to help you protect your license and your business. Whether you are subject to a routine audit or are under investigation for suspected violations of the CSA, we can provide you with the legal help and representation you need.

Notices of Inspection and Administrative Search Warrants

The DEA performs regular audits of practitioners, pharmacies, and others who are registered to process, distribute, or dispense controlled substances. These audits usually take place every three to five years, and the DEA may also perform random inspections to ensure compliance with the CSA. In other cases, the DEA may perform investigations based on reports that a provider has violated the CSA.

The DEA is not required to obtain a search warrant to perform an inspection unless it is performing an investigation of criminal activity alongside other law enforcement agencies. Instead, the DEA will provide a registrant with a Notice of Inspection (DEA Form 82), and the registrant must provide informed consent before the inspection can be performed. Informed consent consists of a written statement in which the registrant voluntarily allows the inspection to proceed with the understanding that they have a constitutional right to refuse an inspection and that information uncovered during an inspection could be used against the registrant in a criminal case.

If a registrant refuses to give informed consent for an inspection, the DEA may apply for an administrative search warrant in federal court. This type of warrant is usually granted by a judge. A registrant will be required to comply with the warrant, and refusal to do so can result in criminal prosecution. In some situations, the DEA will be able to perform an inspection without the need to receive a warrant, including in cases where a business is initially applying for DEA registration or when the DEA believes there is an imminent risk to public safety or health.

During an audit or inspection, the DEA may review records related to a business's inventory of controlled substances, including purchase, sale, shipping, and disposal records. It may also perform a physical inventory of controlled substances and take samples, inspect equipment, and interview a registrant and their employees. If an investigation finds that a registrant is noncompliant with the CSA, the DEA may take administrative action such as the revocation of DEA registration, or the case may be referred to the U.S. Department of Justice for criminal prosecution.

Contact Our U.S. DEA Inspection Attorneys

Because DEA inspections can have such serious consequences, it is crucial to contact an attorney as soon as you become aware that you may be subject to an audit or investigation. The Law Offices of Joseph J. Bogdan, Inc. can help you understand your rights during an inspection, and we will make sure you can provide the right information to show that you are fully compliant with your requirements under the CSA. We can also help you determine your options if you are facing administrative penalties that may affect your DEA registration. Contact us today at 630-310-1267 to arrange a free consultation. We provide legal help to medical providers throughout the United States in matters involving the DEA.