DEA Investigations Against Doctors and Pharmacies DEA Letter of Admonition
Consequences of a DEA Audit: Why You Should Know Your Rights
If you run a pharmacy or medical practice that handles controlled substances, you could be at risk of being audited by the Drug Enforcement Administration (DEA). Facing a DEA audit can be an incredibly frightening experience, and knowing your rights and how to protect yourself is crucial. In this article, we’ll explore the potential consequences of a DEA audit and provide some tips for what to do if you face one.
Potential Consequences of a DEA Audit
When facing a DEA audit, there are three significant potential consequences that you should be aware of:
1. The DEA will scrutinize your records
The first consequence of facing a DEA audit is that the agency will take an in-depth look at your records. They may ask to see everything from your inventory to your sales records, and they may even request customer lists. If they find anything suspicious, they have the authority to confiscate it – including drugs and cash. If you have significant amounts of cash on hand, it could even be seized as evidence.
2. Your pharmacy might get shut down
One drastic consequence could be that the DEA shuts down your medical practice or pharmacy altogether. This typically occurs when the agency suspects that you’re selling drugs illegally or not maintaining proper documentation. If this happens, then there’s no possibility for you to sell any more drugs until the agency agrees.
3. Criminal charges may follow
Finally, an outcome in which criminal charges arise is possible should the DEA determine that your actions were unlawful. Jail time and substantial fines are realistic possibilities in these instances.
Steps You Can Take When Facing a DEA Audit
If faced with federal agents knocking on their door, individuals should know their rights and what steps they can take to protect themselves during an audit by following these five tips:
1. Refuse entry without official authorization
Upon meeting with a squad from the DEA demand identification alongside required documents that give them the power to inspect your property. Only permit entrance if they have a valid warrant or subpoena at hand or paperwork articulating their authority.
2. Don’t talk without a lawyer
It’s critical to highlight that you’re firmly exercising your rights upfront and won’t say anything without an attorney present. This is because anything you say then could be utilized against you in the trial.
3. Ask for documentation
If agents show up with a warrant or subpoena, request they provide copies of it so that your attorney can conduct its review to ensure the proper procedure is being followed during the investigation.
4. Deny entry without warrant & give them limitations
Lastly, You must not allow officials to search your workplace without a warrant., If agents come in with an authorized search warrant or subpoena handed personally, request them to remain outside while you phone your attorney immediately. Your counsel will review the court order type while providing guidance on further activities concerning seizure actions such as requesting soft copies of electronic documents.
5. Refuse record seizure without proper approval
Consistent with precedents held under federal law, Persons should never relinquish physical/digital files upon demand by DEA officers unless presented with formal subpoenas that they had authored before seizure attempts began.
Conclusion
In conclusion, facing a DEA audit can have far-reaching consequences when left unchecked by appropriate certification agencies and legal counsel knowledgeable about applicable laws in favor of such entities overall mission objectives. The tips given above hopefully provide necessary tools both pharmacological professionals and business owners need to protect themselves from any legal repercussions after auditors scrutinize financial/stock records accompanying controlled substances dealings more effectively. Critical steps include not giving into official pressure and ensuring all required documentation needs adherence when subsequently appearing at their premises during inspection arrivals by officers of governing authorities who lack proper authorization orders!
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS