What Does the DEA Potential Witness Letter Mean for Me?

If you have received a letter from the U.S. Department of Justice under the heading, “Notice of Identification as a Potential Witness,” you cannot afford to ignore it or assume it is fraud. The DEA has been sending these letters in large numbers to individuals and business owners who have been identified as possible potential witnesses in federal drug investigations.

Rather than serve as notification of a federal investigation or subpoena, the letter serves as a warning. But, even though the letter may seem like no more than a warning of a potential investigation, you must approach with caution.

This is especially true given the current environment for healthcare providers, physicians, and private citizens nationwide. If you are a health care provider, pharmacist, or private citizen, you need to take your obligations as a potential witness very seriously.

About the U.S. Department of Justice’s “Potential Witness” Letters

While you should remain alert about the possibility of being targeted in a healthcare fraud or DEA investigation, you also need to consider the possibility that the letter is a scam. If the letter is a scam, you neither want to provide the scammer with any information nor want to be held liable for fraud.

Do not panic if you become aware of a federal investigation or if you are served with a subpoena. While receiving a subpoena is a sign of an investigation into your conduct, receiving a “potential witness” letter is not necessarily a sign that you are under DEA investigation.

1. The DEA’s “Potential Witness” Letter Is Real and Legitimate.

Similar to a target letter, a Notice of Identification as a Potential Witness letter is real. If you are not familiar with the way federal agencies and prosecutors communicate with citizens, it can be hard to distinguish between a scam and real correspondence with officials.

If you notice any of the following, you may have a legitimate Notice of Identification as a Potential Witness letter in your hands:

• The letter is written on U.S. Department of Justice letterhead
• The letter is signed in writing by an Assistant United States Attorney assigned to the U.S. Attorney’s Office
• The letter references a federal grand jury indictment
• The letter discusses your potential role as a witness in the investigation
• The letter references the U.S. Department of Justice, the U.S. Attorney General, and/or the Federal Bureau of Investigation
• The letter states that you have no legal responsibility to speak with federal agents or prosecutors. However, the letter also reiterates that you are under a potential obligation to do so.

If you check any of the above boxes, you have received a legitimate Warning Letter. If so, you may be a potential witness in a federal investigation. If you are a potential witness in a federal investigation, our team can advise you on the following steps to take to ensure that you are not charged with a federal offense.

2. You Cannot Ignore the Letter.

Do not underestimate the potential severity of what receiving this letter could mean. Be sure to take the necessary steps to protect all of your legal rights. Do not ignore the notice.

3. You Cannot Ignore the Federal Investigation.

In addition to taking these warnings to heart, you must also be conscientious about avoiding the potential legal implications of the letter. As a potential witness, you will want to speak with a lawyer about your obligations. Which federal law enforcement agency or agencies are involved in the investigation? What type of information does this agency need during the inquiry? To protect yourself, you must answer these questions as soon as you receive the letter.

4. You Must Know Your Rights.

As a potential federal witness, you have certain legal rights. You have the right to consult with an attorney. In certain circumstances, you have a legal right to be protected from criminal prosecution. You even have certain constitutional protections.

5. Now is the Time to Contact Us

If you have received a Notice of Identification as a Potential Witness, you need to take urgent remedial action. As such, the time to contact an attorney is now. Your attorney will be able to protect you and provide you with the guidance you need to avoid risk and criminal penalties.