Criminal Defense Lawyers

DEA Surrenders DEA Suspensions and Revocations

Types of Violations That May Lead to a Suspension or Revocation

The DEA may take action against a practitioner’s registration for any number of reasons, including:

• Violating the Controlled Substances Act or related regulations;
• Making false statements on an application for registration;
• Dispensing controlled substances without a legitimate medical purpose; and/or,
• Dispensing controlled substances outside the scope of professional practice.

In addition to taking action against a practitioner’s registration, the DEA may also seek to impose civil monetary penalties or seize assets that are believed to be associated with illegal activity. A practitioner who is facing any type of investigation by the DEA should seek legal assistance as soon as possible. In some cases, it may be possible to avoid having a registration suspended or revoked if issues are addressed quickly and appropriately. However, if there is evidence that a practitioner has committed criminal activity related to controlled substances, they may face charges in addition to losing their ability to prescribe drugs. A lawyer can help you understand your rights and options in this situation and can work with you throughout the process of responding to an investigation by the DEA.

The Consequences of Surrendering Your DEA Registration

When a medical provider surrenders their DEA registration, they are permanently giving up their authority to prescribe controlled substances. This means that they will no longer be able to write prescriptions for drugs such as opioids or other pain medications, which could have a significant impact on their ability to provide care for patients who need these medications. Additionally, surrendering a DEA registration may also result in the following consequences:

Loss of state medical license : In some states, surrendering a DEA registration may trigger an automatic suspension or revocation of the person’s state medical license. In other states, the Board of Medicine may initiate disciplinary proceedings against the provider based on the surrender of their registration. If this occurs, it is likely that the Board will impose significant penalties on the provider that could include suspension or revocation of their license. This would prevent them from practicing medicine in their state and could have devastating effects on their career and livelihood.

What Is Form 104?

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

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.

Taïko Beauty

2024-03-15

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!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Form 104 is a document that the DEA uses when it wants to permanently revoke a healthcare provider’s registration to prescribe controlled substances. This form is used when the DEA believes that there has been a violation of the Controlled Substances Act (CSA) or other federal laws related to controlled substances, such as Medicare fraud or illegal prescribing practices. When presented with Form 104, healthcare providers are given two options: voluntary surrender of their registration or contesting the revocation through an administrative hearing process before an Administrative Law Judge (ALJ).

The decision whether to sign Form 104 should not be taken lightly as it can have serious consequences for your career and livelihood. Once you sign this form, you will no longer be able to prescribe controlled substances and will be permanently barred from reapplying for registration in the future unless you can prove that there was an error in your case or that signing was involuntary on your part due to coercion by law enforcement officials. Therefore, if you are being asked by a DEA agent to sign Form 104, it is important that you seek legal advice from an experienced attorney who can help protect your interests and defend against any allegations against you before taking any action on this form.

What Are Some Reasons Why I Might Be Asked To Sign Form 104?

There are many reasons why a healthcare provider might be asked by the DEA to sign Form 104 and surrender their registration privileges voluntarily rather than going through an administrative hearing process before an ALJ. Some common reasons include:

The provider has already surrendered their license; The provider has had their license suspended; The provider has had their license revoked; The provider has had their license surrendered; The provider is facing criminal charges related to controlled substances; The provider’s state medical board has taken disciplinary action against them; The provider’s state medical board has placed them on probation; The provider’s state medical board has suspended them from practicing medicine; or The provider’s state medical board has revoked them from practicing medicine altogether.

What Happens If I Refuse To Sign Form 104?

If you refuse to sign Form 104, the DEA will begin an administrative hearing process before an ALJ to determine whether your registration should be permanently revoked. This hearing process is similar to a court trial, and you will have the opportunity to present evidence and witnesses on your behalf to contest the allegations against you. You will also be able to cross-examine any witnesses that the DEA presents as part of their case against you. If the ALJ finds that there is enough evidence to support the revocation of your registration, then your registration will be permanently revoked and you will no longer be able to prescribe controlled substances.

What Are Some Possible Outcomes Of An Administrative Hearing?

There are three possible outcomes of an administrative hearing before an ALJ: (1) the DEA’s decision to revoke your registration is upheld; (2) the DEA’s decision to revoke your registration is overturned; or (3) the case is dismissed entirely. If the DEA’s decision to revoke your registration is upheld, then you will lose your registration privileges permanently and will be unable to reapply for registration in the future. If the DEA’s decision to revoke your registration is overturned, then you will be able to keep your registration and will be able to continue prescribing controlled substances. If the case is dismissed entirely, then the DEA will not take any action against you and you will be able to keep your registration and continue prescribing controlled substances.

What Are Some Possible Defenses To Form 104?

There are many possible defenses that can be raised in response to Form 104, and the specific defenses that are available to you will depend on the facts and circumstances of your case. Some common defenses that might be available include:

• The DEA does not have enough evidence to support the allegations against you;
• The DEA did not follow proper procedure in issuing Form 104;
• You did not knowingly and intentionally violate the Controlled Substances Act or DEA regulations; or
• The violation that you are accused of is not serious enough to warrant the revocation of your registration.

Can I Appeal The Outcome Of My Administrative Hearing?

If you are unhappy with the outcome of your administrative hearing, you may be able to file an appeal with the DEA’s Administrative Law Judge Division. This appeal must be filed within 30 days of the date that the ALJ’s decision is issued. The ALJ Division will review the record of your administrative hearing and will issue a final decision upholding, reversing, or modifying the ALJ’s original decision. This final decision by the ALJ Division is binding on both you and the DEA, and there is no further appeal that can be made from this decision.

What Are Some Possible Criminal Charges Related To Form 104?

There are many possible criminal charges that could be filed against you in addition to the administrative hearing process that is started by Form 104. These criminal charges might be filed by the DEA, the U.S. Attorney’s Office, or your state’s Attorney General’s Office. Some of the most common criminal charges that are related to Form 104 include:

• Conspiracy to violate the Controlled Substances Act;
• Possession of a controlled substance with intent to distribute;
• Distribution of a controlled substance; and
• Health care fraud.

These are just some of the possible criminal charges that could be filed against you if you are accused of violating the Controlled Substances Act, and the specific charges that are filed against you will depend on the facts and circumstances of your case. If you are convicted of any of these criminal charges, you could face significant penalties, including imprisonment and large fines.