DEA Requests for Surrender of Registration

Defending The Legal Rights Of Healthcare Providers Facing DEA Form 104 Requests

The Drug Enforcement Administration takes allegations of controlled substance violations against healthcare providers seriously, and you need an experienced and respected criminal defense attorney protecting your registration and your rights. Look, I’ll be straight with you – the Drug Enforcement Administration doesn’t mess around with Form 104 surrenders anymore. Fentanyl changed everything. The Department of Justice is pursuing healthcare prosecutions at rates we haven’t seen in years, and the Federal District Court judges are handing down real time now.

An investigation and/or criminal prosecution can threaten a healthcare provider’s professional reputation and freedom. During the investigative stage, an experienced criminal defense attorney can assist the provider by responding to an inquiry from the Drug Enforcement Administration. Last month, I had a client – a pain management doctor from NYU Langone – who thought signing Form 104 would make everything disappear. Three weeks later, federal prosecutors indicted him for distribution. This response may be in writing and/or in person during an investigative interview. With experienced defense counsel, an effective response may result in the investigation closing without a formal filing.

Understanding the Criminal Investigation Process

The financial and emotional costs of a formal criminal filing can be overwhelming, and can tarnish a career given that the filing and charges of the provider’s violations are publicly available because criminal charges are posted to the federal court system, published in the media, and accessible through the online court system. Even if the allegations are later disproven, the damaging effect may linger.

Here’s what they don’t tell you: the moment you sign Form 104, your state medical board gets automatic notification. Your Medicare privileges get flagged. I’ve watched anesthesiologists lose their hospital privileges overnight – all from one signature. It is important to retain an experienced criminal defense attorney early. At Spodek Law Group, we understand the complexities of defending a provider’s freedom. Whether your legal problem arises from a criminal investigation, a filing by the Drug Enforcement Administration, or a federal inquiry we can assist you in protecting your employment and freedom.

Our office is experienced defending healthcare providers facing criminal prosecution(s) due to the following allegations:

• DEA Form 104 Voluntary Surrender Requests (yes, even when they pressure you)
• Controlled Substance Act Violations
• Prescription Fraud Allegations
• Diversion for Personal Use
• Unlawful Distribution (they’ll claim this if you prescribe high MME doses)
• DEA Form 82 Inspection Violations
• Registration Revocation Proceedings
• Criminal Arrests, Charges or Convictions
• 21 USC 841 and/or 846 Violations
• Healthcare Fraud Related to Prescribing
• Medicare/Medicaid Exclusion Proceedings
• Failure to Report as Required by Law

Federal Criminal Reporting Requirements

Healthcare providers are required to cooperate with criminal investigations when served with a court order and/or when contacted by law enforcement according to federal statutes. Any false statement to law enforcement can result in additional criminal charges. A law enforcement investigator will follow-up in writing requesting additional information if necessary and/or may request an interview.

Listen – when DEA Diversion shows up at your door at 6 AM, they’re not there to chat. The Drug Enforcement Administration may become involved in cases involving controlled substance offenses. Investigators from the Drug Enforcement Administration and/or DOJ have authority to investigate violations that may constitute criminal offenses under federal law. They know exactly what to say to get you to sign that Form 104. I’ve seen brilliant people – Johns Hopkins surgeons – talk themselves into handcuffs.

Criminal Defense With A Comprehensive Approach

At Spodek Law Group we evaluate the best course of action for the provider by examining your circumstances and taking a proactive, understanding approach. As experienced criminal defense counsel, we represent healthcare providers at all phases of the Criminal Proceedings including:

• Investigative process (stopping charges before they’re filed)
• Response to law enforcement inquiries
• After an Investigation commences
• After the filing of criminal charges
• During Contested Trials before the Federal District Court
• Petitions for Registration Reinstatement or Appeals

At Spodek Law Group, we also assist providers with Petitions for Alternative Resolutions and/or Administrative Hearings which have been previously denied. We pride ourselves on taking a comprehensive strategy to defend the provider’s freedom. But here’s the reality – with the opioid settlement pressure, those alternative resolutions are harder to get than ever.

Defense Strategy Components

Depending on the provider’s circumstance, the defense strategy may include:

Requesting a meeting with the Drug Enforcement Administration to present evidence to either refute the allegation that violations occurred or mitigate the degree of charges;

Retaining appropriate experts in the issues at hand. I work with a former DEA Diversion Chief who knows every trick they use during Form 82 inspections;

Retaining a defense investigator to interview any witnesses, issue subpoenas of relevant records, secure prescribing data, and/or evaluate the scene or evidence;

Developing a constitutional defense if Fourth Amendment violations are at issue. This may include documentation showing illegal searches and/or reasonable expectations of privacy; or if necessary recommend negotiating a limited resolution to address any criminal liability under Drug Enforcement Administration guidelines. You’d be amazed how often DEA exceeds their administrative inspection authority;

Creating a mitigation strategy for sentencing. Sometimes in our lives healthcare providers suffer personal hardships, substance abuse issues, situational stress, or even just go through an extended period of difficulty. In these instances, a provider is not in need of criminal prosecution by the government; they need understanding and context;

Assisting the provider with gathering the necessary mitigation documents to support a defense package and/or prepare for trial with the Federal District Court.

Potential Criminal Outcomes From The Drug Enforcement Administration

DEA Registration Defense FAQs

How to Surrender DEA Registration?

You can voluntarily surrender your registration to the Drug Enforcement Administration using Form 104. However, doing so is rarely in your best interests. Under federal law, you have a right to be represented by an attorney throughout the investigation and criminal process according to federal regulations.

I watched a pharmacist last week try to “cooperate” with DEA. Smart guy – owned three successful pharmacies in Brooklyn. The investigator asked him to sign Form 104 “to make things easier.” He signed. Lost his registration, his pharmacies closed, and then got indicted anyway. Criminal investigations are a formal process that often culminates in criminal charges, which may include being put on probation or having your freedom taken by imprisonment. In some cases, an investigation may even lead to substantial time in custody. Legal representation can be crucial to protecting your freedom and your future.

The mission of the Drug Enforcement Administration, in part, is to prosecute controlled substance offenses. While members of the prosecution team may be professionals, they are not your friends. During investigations and/or criminal proceedings, their goals generally do not align with yours.

What is the DEA Form 82 Used For?

Form 82 is the Notice of Inspection that the Drug Enforcement Administration uses when conducting administrative inspections. If an investigator from the Drug Enforcement Administration and/or federal prosecutors shows up with Form 82, you should politely request time to have your attorney present during the inspection.

Here’s my cell: 212-300-5196. Program it now. Because when they knock on your door with Form 82, you won’t have time to Google “best DEA defense lawyer near me.” As tempting as it may be, do not provide records beyond what’s required or volunteer information to the Drug Enforcement Administration. Anything that you say or provide to law enforcement could be used against you in a criminal prosecution and/or a civil proceeding.

What is the Difference Between DEA Form 224 and 224a?

Form 224 is for new DEA registration applications, while 224a is for renewals. If you’re facing surrender requests, these forms become irrelevant – once you sign Form 104, you must wait 18-24 months minimum before reapplying. This deadline cannot be shortened according to federal regulations.

Investigation timelines vary. Initial review typically requires substantial time. Complex investigations may add additional months. Serious cases can extend beyond one year. But here’s what matters – every day you wait is a day the Drug Enforcement Administration is building their case.

The Drug Enforcement Administration’s enforcement is described as aggressive and ongoing.

Why Federal Cases Require Specialized Defense

Federal courts and the Drug Enforcement Administration present unique challenges. The judges who preside over these matters in federal court have extensive experience with healthcare cases. Judge Broderick in SDNY? Tough but fair. Judge Kaplan in EDNY? Don’t expect sympathy.

The Drug Enforcement Administration maintains coordination with DOJ and other law enforcement agencies. Criminal prosecutions often proceed simultaneously with administrative actions.

Healthcare providers in the United States face prosecution in multiple venues including the Federal District Court and various administrative locations throughout the country. Criminal charges can end careers in this regulated market.

Contact Spodek Law Group

Todd Spodek has represented healthcare providers and professionals for over a decade. I’m not going to BS you – this is scary stuff. Your whole life can change with one bad decision, one wrong word to an investigator, one moment of panic. The firm understands the complexities of federal criminal law and sentencing procedures.

Criminal investigations require immediate attention. Most matters have strict deadlines that cannot be extended. Early intervention often produces better outcomes.