Why am I receiving a letter from the DEA?
- Why would the Drug Enforcement Administration (DEA) be contacting me directly
- I thought DEA agents work undercover–why would they risk blowing their cover
- What could I be doing that’s so suspicious?
These are common questions from clients as to why they’re receiving a letter from the DEA. Clients have a fear that they did something wrong, and the DEA is going to catch them. If you are receiving a letter from the DEA, you should be worried. Better yet, you should consult with an attorney to best understand your rights and options.
The DEA will typically send a formal written request for records or information if you are the subject of an administrative or criminal investigation. You should assume that the DEA is analyzing your organization for some crime and then you should hire an attorney at your earliest opportunity. This way, the attorney can communicate with the DEA on your behalf and learn about its investigation. Importantly, an attorney can prevent you from saying something wrong or releasing the wrong documents.
Who is the DEA?
The DEA is a powerful agency charged with combating drug and narcotics issues. Their agents have wide jurisdictional authority. They are tasked with uncovering healthcare fraud, drug trafficking, and other drug/narcotics-related crimes. The DEA works with many state and federal law enforcement agencies including law enforcement officers, the Federal Bureau of Investigation (FBI), Central Intelligence Agency (CIA), and others. DEA agents commonly coordinate with the Office of the Inspector General (OIG) which is charged with uncovering and prosecuting Medicare fraud-related crimes. The DEA also works closely with the Food and Drug Administration (FDA) to enforce the Controlled Substances Act (CSA) and violations of the CSA. Lastly, the DEA’s Diversion Control Program assists in investigations of controlled substances and chemicals.
Why does the DEA send these letters?
The DEA is charged with uncovering and prosecuting crimes related to narcotics and drugs, particularly opioids. DEA agents can therefore be after multi-million-dollar criminal organizations as well as healthcare professionals like doctors. Therefore, patients who were issued illegal prescriptions and what happens to those prescriptions is something the DEA routinely investigates.
The government is currently targeting healthcare professionals and healthcare entities in its efforts to reduce opioid use cases. In 2016, there were 216 reported overdose deaths in the United States related to opioid use, and in 2018, the reported number of deaths was 191. While this is an impressive trend, the government is convinced that it still is not enough. Other sources have reported that the number of deaths is in the tens of thousands.
![Should I Respond to a DEA Letter?]()
This is why the DEA is sending these letters. They are convinced that healthcare professionals are at the root cause of many of these illegal prescriptions. Therefore, they have been increasingly investigating the activities of these health professionals to better build their cases of illegal prescribing.
The DEA is also concerned about the diversion of drugs and chemicals into the illicit market. Through its Diversion Control Program, DEA has increased its efforts to detect, investigate, and prevent the diversion of controlled pharmaceuticals and listed chemicals from its legitimate use.
What are these letters?
Federal agencies may issue a letter to persuade an individual or organization to cooperate with an investigation that it is conducting on the individual or organization. Within the scope of the criminal law of the United States, these letters may be issued by most federal agencies. The letter issued to the recipient requires the recipient of the subpoena to produce the specified records or information within the prescribed period unless the recipient reasonably objects to the requirements of the subpoena, in which case the recipient must communicate its objections to the agency within the time period stated in the letter. Sometimes, the DEA will accompany a letter of this nature with a request for interview to learn more about the professional’s prescribing practices.
All U.S. attorneys are authorized under the law to issue investigative letters. These letters are very powerful because they do not require a judge’s signature, nor are they reviewed by any grand or trial jury. Because of this, attorneys can be very aggressive in what documents or information they can request. In addition, these letters often contain a requirement not to disclose them to third parties to prevent public knowledge of an investigation.
Do I need to respond to this letter?
Yes. The recipient of the letter is required by law to promptly respond to the formal written request for records or information. This means that the recipient has a legal obligation to provide those documents and information requested in the latter to the best of the recipient’s ability. Recipients who ignore requests in the letter may be subject to civil or criminal penalties.
There may be a variety of reasons why an individual may have received a letter from the DEA. For one, the DEA may send a receiver a letter to engage in a “fishing expedition,” i.e. a broad-based search for information with the intention of uncovering information that it could use against the receiver to open an investigation or make it more expedient. In other cases, letters may be issued in response to a specific incident. In any event, you should consult with an attorney as soon as you receive a letter from the DEA in order to learn about how you need to protect your interests.
Because these letters may be used as a way for the DEA to obtain critical information that it needs for its pending investigation, you should have legal representation to ensure that the response to these inquiries is crafted in an appropriate manner. Otherwise, you could be the subject of a federal oxycodone, oxycontin, or hydrocodone enforcement or prescribing practices investigation.
What are the legal standards that apply to a letter from the DEA?
To issue such a letter, the DEA must have the following three factors present:
- the investigation must be within the jurisdiction of the DEA
- the document requested in the letter must be relevant to the investigation
- the information sought must not already be in the possession of the DEA
Once the above three requirements have been satisfied, the DEA can issue a letter to obtain the information that it needs to complete its investigation. Unfortunately, the courts have held that there is a presumption that the information that the DEA is seeking is relevant. This is a very low standard and is essentially interpreted as anything that could be potentially relevant at any stage of the investigation. The legal standard for the issuance of a letter is far lower than that which is required for the issuance of a subpoena for use in a criminal case.
The burden of proving that the letter is unreasonable and overly burdensome is on the recipient of the letter.
Is there any way to challenge a letter from the DEA?
Yes. Just because you received a letter from the DEA does not mean that you are without any options to challenge it. In many cases, a recipient can file a motion to quash with the federal court. This motion must be supported by a legal reason such as relevancy or some other compelling legal reason. The law allows the recipient a fair opportunity to present arguments to the DEA before the recipient is required to provide the requested information.
One of the most common arguments used to challenge a letter from the DEA is based on the argument that compliance with the letter would violate the recipient’s Fifth Amendment rights against self-incrimination. However, this argument will not prevail in most cases. The DEA has taken the position that organizations and corporations do not have Fifth Amendment protections and that they are obtainable.
Are you ready to take the next steps?
If you or your organization received a letter from the DEA, you need the advice of a highly experienced and trained team of lawyers who can advise you about your next steps and whether to challenge the full extent of the letter. We have successfully represented several individuals and organizations in responding to these types of letters and can do the same for you. Call us or contact us online today for a free consultation.
