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. §§ 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 (“You may have seen or heard about something . . .”)—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. Contact our experienced federal lawyers as soon as possible.
- Administrative Subpoenas Under the CSA—administrative subpoenas pursuant to 21 U.S.C. § 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. If you or your business receives a DEA subpoena, contact us immediately. Do not respond until our attorneys have reviewed your options.
- 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. Having your DEA registration revoked or suspended can end your career, and knowing how to respond is critical. You have a limited period of time to contest DEA suspension or revocation, often as little as 20 days.
Our client service starts with an immediate free and confidential consultation. We help clients understand whether the DEA letter is an inquiry for information, an investigatory subpoena, or a notice of a potential enforcement action. With the right approach, many federal investigations can be contained or resolved without criminal or civil charges.
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. § 1001), wire fraud, identity theft, and healthcare fraud.
According to DOJ and DEA press releases, recent investigations of online pharmacies involving prescriptions for anabolic steroids, opioids, benzodiazepines, and other medications have led to prosecutions for conspiracy to distribute controlled substances, healthcare fraud, theft of government healthcare benefits, and wire fraud.
Patients who have purchased controlled substances online can also become targets of federal investigations if authorities suspect they have accessed medications through “pill mill” websites, “rogue pharmacies,” or other unauthorized channels.
Federal Penalties for Controlled Substance Violations
The penalties for violating the Controlled Substances Act are severe. The law criminalizes the possession, manufacture, distribution, or dispensing of any controlled substance without the necessary authorization or prescription.
Examples of specific penalties under federal law include :
- 21 U.S.C. § 841: Illegal Distribution or Possession [With Intent to Distribute]—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 from the drug activity.
- 21 U.S.C. § 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, or through the use of the mails or interstate commerce. The crime can also be enhanced to 20 years if death or serious bodily injury occurs, or if the person has a prior felony drug conviction.
- 18 U.S.C. § 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. § 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.
Depending on the circumstances, federal investigations can expand quickly. This is another reason why receiving a DEA letter about an online pharmacy is such a serious matter and why you should never respond on your own without an experienced federal defense attorney.
What to Do if You Receive a Policy or Warning 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. Oberheiden P.C. offers immediate consultations for all urgent or apparent federal law enforcement interactions. Our federal defense team is available for emergency situations and can be reached on the weekends. Get the personal cell phone of our senior attorney today.
- 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. Engaging the right attorney after a DEA search or seizure order, or after a DEA subpoena is served, may sometimes mean the difference between civil and criminal charges.
- 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 (or certain other compulsory legal process that has not already expired). If you choose to speak with them, it is strongly recommended that you consult with an attorney before you do so.
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, offering a team of senior attorneys with former federal prosecutors and experienced investigators.
In an investigation where criminal charges are threatened, working proactively to reduce those charges or reach a favorable settlement is far more effective than simply responding to the government’s letter without professional legal guidance.
