Understanding DEA Investigations and Your Rights

If You Are Contacted by the DEA

If you are contacted by the DEA, it is important that you immediately contact a DEA defense lawyer. Your lawyer will be able to advise you on how to respond to the investigation and will be able to ensure that your rights are protected. In addition, your lawyer can also help you avoid making any statements that could potentially incriminate yourself or your pharmacy.

What is the DEA?

The Drug Enforcement Administration (DEA) is a federal law enforcement agency that is responsible for enforcing the Controlled Substances Act (CSA). The CSA establishes the schedules of controlled substances and sets forth penalties for violations of the CSA. The DEA's mission is to "enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations, involved in the growing, manufacture, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets." The DEA is responsible for investigating and prosecuting those who violate the federal Controlled Substances Act. The DEA's Office of Diversion Control is tasked with preventing, detecting, and investigating drug diversion. Drug diversion occurs when a practitioner or facility diverts controlled substances from legitimate medical use to illegitimate use.

The DEA's Office of Diversion Control

The DEA's Office of Diversion Control is organized into five divisions: the Office of Diversion Control, the Office of Enforcement Operations, the Office of Forensic Sciences, the Office of Special Intelligence, and the Office of Training and Education.

About the CSA

The DEA is responsible for enforcing the Controlled Substances Act (CSA), which establishes a system of registration and control for persons who manufacture, distribute, or dispense controlled substances. The CSA requires that persons who handle controlled substances obtain a registration issued by the DEA. In addition to the CSA, the DEA also enforces other laws related to controlled substances, including the Federal Food, Drug, and Cosmetic Act (FFDCA) and the Comprehensive Drug Abuse Prevention and Control Act of 1970 (the Controlled Substances Act of 1970). The CSA prohibits the manufacture, distribution, dispensing, or possession of controlled substances except in accordance with a valid prescription or order from a practitioner. The CSA also prohibits the distribution of controlled substances to practitioners who are not registered with the DEA. In addition to these general prohibitions, the CSA imposes specific restrictions on certain classes of controlled substances, including Schedule I and II drugs.

Definition of Practitioner

The CSA defines "practitioner" as a physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in the United States. The term "practitioner" does not include a pharmacy.

Practitioner Registration Requirements

The CSA requires that practitioners who dispense controlled substances obtain a registration issued by the DEA. A practitioner must renew his or her registration every three years. The registration process requires the submission of an application that includes information about the practitioner's professional qualifications and experience. In addition, practitioners must submit fingerprints and undergo a background check. The CSA also requires that practitioners who prescribe controlled substances obtain a separate registration issued by the DEA. A practitioner must renew his or her registration every three years. The registration process requires the submission of an application that includes information about the practitioner's professional qualifications and experience. In addition, practitioners must submit fingerprints and undergo a background check.

How the DEA Investigates Drug Trafficking Organizations

The DEA investigates drug trafficking organizations that are involved in manufacturing, distributing, importing/exporting, transporting, financing/brokering illegal drugs. In addition to investigating drug trafficking organizations that are involved in illegal drug activity, it also investigates individuals who illegally manufacture or distribute controlled substances. In addition to investigating illegal drug activity related to controlled substances listed on Schedule I through V under 21 U.S.C. 812(c), 841(b), 844(a), 846-849 (2010), it also investigates activities related to marijuana as well as synthetic cannabinoids that mimic marijuana's effects on humans but are not marijuana plants themselves. The DEA also investigates illegal activity related to prescription drugs such as opioids that have been abused by patients with legitimate prescriptions as well as individuals who illegally sell these drugs on the street without a prescription.

DEA Investigative Techniques

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The DEA uses various investigative techniques when investigating suspected illegal activity related to controlled substances listed on Schedule I through V under 21 U.S.C. 812(c), 841(b), 844(a), 846–849 including wiretaps, mail intercepts, physical surveillance, undercover operations, consensual monitoring, pen registers, trap & trace devices, telephone toll records, search warrants, grand jury subpoenas, asset forfeiture proceedings, Title III intercept orders, National Security Letters, subpoena duces tecum subpoenas, administrative subpoenas, federal grand jury subpoenas, federal search warrants, state court orders, state grand jury subpoenas, and state search warrants.

What Happens If DEA Agents Visit Your Office?

If you are a registration holder and DEA agents come to your premises, you should request to see their warrant or inspection notice. If they do not have one, you should politely decline to let them enter the premises. You can always ask for a business card and inform the agent that you will contact your attorney or the local DEA office for further guidance. To obtain records from a registration holder, DEA agents usually need either an administrative subpoena or a search warrant. The subpoena must be issued by an Administrative Law Judge (ALJ) after considering arguments from both sides of the case. A search warrant must be issued by a judge after finding probable cause that evidence of criminal activity is located on the premises being searched.

Records the DEA May Seek

The records sought by DEA agents may include: patient files; prescriptions; inventory records; and sales receipts. To obtain information about an individual from his/her doctor, DEA agents usually need either an administrative subpoena or grand jury subpoena. A grand jury subpoena requires approval of a federal prosecutor who has presented evidence of criminal activity before a grand jury panel of 16-23 citizens who find probable cause that evidence of criminal activity is located on the premises being searched. An administrative subpoena does not require such approval but does require compliance with procedural requirements designed to protect against abuse. The information sought by DEA agents may include: medical records; prescriptions; and other information about patients' medical conditions.

DEA Red Flags for Investigation

Some of the DEA red flags that may trigger an investigation include:

• A doctor prescribing controlled substances without a legitimate medical purpose
• A doctor prescribing controlled substances outside the usual course of professional practice
• A doctor prescribing controlled substances to known drug addicts or dealers
• A doctor writing prescriptions for controlled substances in unusually large quantities or for unusually large dosages
• A doctor filling out multiple prescriptions for controlled substances in his or her own name
• A doctor billing insurance companies for services that were never rendered
• A doctor accepting cash payments for services