NYC DEA Defense Lawyers
A DEA investigation into a medical practice is a serious matter. If you're reading this, you may have just learned that you're under investigation - either through agent contact, a subpoena, or word from a colleague. This article explains how DEA investigations of physicians work, what makes them different from other federal investigations, and what you need to know about defending against them.
How DEA Investigations of Physicians Work
DEA investigations of physicians typically begin with data analysis, not complaints. The DEA uses the Prescription Drug Monitoring Program (PDMP) to analyze prescribing patterns across all physicians. Their analytics system uses over 150 risk factors to identify statistical outliers.
These risk factors include:
- Schedule II prescription volume compared to peers in your specialty
- Patient travel distances (patients coming from far away)
- Percentage of cash-paying patients
- Refill patterns and prescription quantities
- Combinations of controlled substances prescribed
The important thing to understand is that the investigation timeline is different from what most people expect. DEA investigations typically run 24 to 32 months before the target becomes aware. During this period, the DEA is:
- Pulling PDMP data and analyzing prescribing patterns
- Issuing subpoenas for patient records
- Cultivating cooperating witnesses
- Conducting surveillance
- Building the evidentiary case
This means that by the time you learn about the investigation, much of the case has already been assembled. In Operation Profit Over Patients (July 2025), 51 physicians were arrested. Every one of those investigations began with PDMP data analysis, not patient complaints.
The Dual-Track System: Criminal and Administrative
One aspect of DEA physician investigations that many attorneys don't explain clearly is that there are two simultaneous investigations with different rules.
The Criminal Track
The criminal investigation follows standard federal prosecution rules:
- Burden of proof: Beyond reasonable doubt
- Constitutional protections apply
- Right to jury trial
- Timeline: Can take 2-4 years from indictment to trial
The Administrative Track
The administrative investigation operates under different rules:
- Burden of proof: Preponderance of evidence (51%)
- Conducted by DEA Administrative Law Judges
- Can result in revocation of DEA registration
- Timeline: Moves faster than criminal proceedings
This matters because the administrative track can end your ability to prescribe controlled substances based on a much lower evidentiary standard. In Operation Profit Over Patients, the 51 arrested physicians faced 93 administrative cases simultaneously. Some lost their DEA registrations before their criminal cases went to trial.
These are separate proceedings. Surrendering your DEA license does not stop a criminal prosecution.
Common Mistakes in DEA Investigations
There are several responses that physicians often consider that can make the situation worse.
Explaining Yourself to Investigators
When agents make contact, the natural instinct is to explain your prescribing practices. The problem is that anything you say becomes part of the evidentiary record. Prosecutors will analyze your statements for admissions or inconsistencies. It is generally advisable to decline to speak with investigators until you have legal representation.
Relying on Your Documentation
Many physicians believe their thorough documentation will protect them. In practice, your medical records become the government's primary evidence. Each prescription, each patient note, each refill authorization can become a count in an indictment. Good documentation is important, but it does not immunize you from prosecution.
Cooperating Without Strategy
"Cooperation" in federal investigations has a specific meaning. It typically means providing information about other individuals - colleagues, pharmacies, patients. If you are a solo practitioner with no information to provide about others, cooperation may have limited value. Additionally, if the investigation has been running for 24+ months, the government may already have the evidence they need.
Cooperation can be valuable, but it should be a strategic decision made with your attorney after assessing what the government has and what you can offer.
The Ruan v. United States Defense
In 2022, the Supreme Court decided Ruan v. United States, which changed the legal standard for prosecuting physicians under the Controlled Substances Act.
Before Ruan, prosecutors could obtain convictions by showing that a physician's prescribing deviated from objective medical standards - essentially, that the prescriptions looked wrong compared to what other doctors would do.
After Ruan, prosecutors must prove that the physician subjectively knew they were acting outside the bounds of legitimate medical practice. This is a significant shift. If you genuinely believed your prescriptions were for legitimate medical purposes, that belief is now relevant to your defense - even if other physicians would have prescribed differently.
This defense requires building an evidentiary record about your state of mind, your clinical decision-making process, and your relationships with patients. It needs to be raised early and developed properly.
What Spodek Law Group Does
Spodek Law Group represents physicians facing DEA investigations in Manhattan and Brooklyn. We handle both the criminal and administrative tracks of these cases.
Our approach includes:
- Assessing what evidence the government has already gathered
- Developing defense strategies for both criminal and administrative proceedings
- Preparing clients for potential grand jury testimony decisions
- Building Ruan-based defenses where applicable
- Negotiating with prosecutors when appropriate
In the NBA healthcare fraud case, our client received time served while the scheme's organizer received 10 years. The difference was early strategic intervention and understanding how the investigation had developed.
If you have received contact from DEA agents, been served with a subpoena, or learned you may be under investigation, you should speak with an attorney before responding. The decisions you make in the early stages of an investigation can significantly affect the outcome.
Contact Spodek Law Group at 212-300-5196.
