I Got a Letter From the DEA About an Online Pharmacy – What Do I Do Now?

The Drug Enforcement Administration (DEA) sometimes contacts patients or professionals suspected of being involved with unauthorized or improperly regulated pharmacies, especially those operating online. With the rapid expansion of online sales of controlled substances, federal agencies have turned their attention to patients and professionals involved in the prescription, sale, or distribution of drugs online.

If you have received a DEA letter about an online pharmacy, or if the DEA has asked to interview you regarding a mail-order prescription purchased online, email or call us immediately. The earlier you engage an experienced DEA defense attorney, the better your chances of avoiding prosecution, seizure of your property, or other penalties. Spodek Law Group P.C. handles federal controlled substance matters across the entire country.

What a DEA Letter Means

Receiving a letter from the DEA about an online pharmacy indicates you may be under federal scrutiny for potential violations of the Controlled Substances Act (CSA), 21 U.S.C. Sections 801-904, or other federal statutes. Federal investigations in this area are active, ongoing, and expanding.

Most DEA investigatory letters fall into the following categories:

Requests for Information or Interviews – letters like this often indicate the government wants to collect statements, documents, or other evidence and may indicate the recipient is being considered as a witness against another person. However, they can also serve as a prelude to targeting the recipient. If you receive a letter or phone call from federal agents requesting information, never respond alone.

Administrative Subpoenas Under the CSA – administrative subpoenas pursuant to 21 U.S.C. Section 876 are available to federal agents and can force the production of documents, such as correspondence, prescription records, prescription coupons, business documents, license numbers, billing information, and any other related records.

Suspension, Revocation, or Denial of Registration – if you receive a “Notice of Immediate Suspension of Registration” form (DEA Form 4103) or a similar communication from the DEA stating that your Rx registration is suspended or revoked, it is important that you speak with an attorney immediately.

DEA Investigation of Online Pharmacies: Key Points

• The DEA has jurisdiction to investigate potential violations of the Controlled Substances Act across the United States, even when drugs are shipped across state lines or internationally.
• The DEA often collaborates with other federal agencies, including the Department of Justice (DOJ), the Office of Inspector General (OIG), the Federal Bureau of Investigation (FBI), and Medicaid/Medicare teams.
• In addition to looking for violations of Title 21 (the Controlled Substances Act and its implementing regulations), DEA agents also look for evidence of false statements to federal agents (a felony under 18 U.S.C. Section 1001), wire fraud, identity theft, and healthcare fraud.

Federal Penalties for Controlled Substance Violations

The penalties for violating the Controlled Substances Act are severe:

21 U.S.C. Section 841: Illegal Distribution or Possession – this offense carries a penalty of up to 20 years in federal prison, a term of supervised release, and a large fine. The penalty can be enhanced to life imprisonment when death or serious bodily injury results.

21 U.S.C. Section 843: Controlled Substance Violations Involving Mail, Computer Services, or Fraudulent Records – this statute imposes a penalty of up to 4 years in federal prison for obtaining any controlled substance by fraud, misrepresentation, forgery, or deception.

18 U.S.C. Section 1001: False Statements to Federal Agents – making false statements, even during a brief voluntary conversation with federal agents, subjects individuals to up to 5 years in federal prison for each false statement.

21 U.S.C. Section 846: Conspiracy to Commit Controlled Substances Crimes – conspiring to commit a drug-related offense subjects alleged co-conspirators to the same level of penalties as if they had successfully committed the completed offense themselves.

What to Do if You Receive a Letter from the DEA

Contact a Federal Law Firm – a major mistake people often make is believing a letter from the DEA is merely probing for information, and they wait too long to contact an attorney.

Don’t Delay Once You Receive an Enforcement Correspondence – if you believe the DEA is targeting you or your practice for investigation, contact an attorney right away.

Do Not Speak to DEA Agents on Your Own – another mistake people make is providing information to federal agents because they are worried that silence can seem suspicious. It is important to know that you are not obligated to speak with federal agents unless you have received a grand jury subpoena.

If you have received a letter from the DEA related to an online pharmacy or about prescriptions you purchased online, contacting a qualified defense lawyer should be your first step. The attorneys at Spodek Law Group P.C. have a national reputation in federal healthcare and regulatory defense.