Facing an investigation by the Drug Enforcement Administration (DEA) is a serious matter. Whether you’re a doctor, pharmacist, or business owner, accusations related to drug distribution, prescription fraud, or illegal handling of controlled substances can lead to consequences like criminal charges, hefty fines, loss of professional licenses, and even prison time.
If the DEA is investigating you or your business, acting quickly is the best way to protect your future. At ZMO Law PLLC in New York, we have the experience and knowledge needed to defend professionals and businesses facing DEA scrutiny. Attorney Tess Cohen spent years as a prosecutor directing DEA investigations of prescription drug crimes. Defense attorney Zachary Margulis-Ohnuma has fought for people investigated by the DEA for decades. With experienced legal guidance, you can fight back against unfair accusations, challenge evidence, and work toward a favorable outcome.
When You Should Hire a DEA Defense Attorney
If you are under DEA investigation, you should not wait to get advice from an experienced criminal defense lawyer. The government has already started gathering evidence before you know you’re a target. The sooner you have legal representation, the better your chances of avoiding criminal charges or harsher penalties. Here are some signs you need a DEA defense attorney immediately:
You’ve Received a DEA Subpoena, Audit Notice, or Search Warrant
If the DEA has demanded your records through a subpoena, an audit request, or a search warrant, it means they are already investigating your medical practice. Ignoring or mishandling these legal requests can make the investigation harder to defend or even lead to criminal obstruction charges. Hiring a criminal lawyer as soon as you learn that there is an investigation can:
- Ensure you protect yourself to the extent possible while complying with lawful requests.
- Challenge overly broad or unlawful subpoenas.
- Prevent the DEA from seizing more than legally allowed.
You’re Being Questioned by DEA Agents or Federal Prosecutors
If DEA agents or federal prosecutors contact you for an interview, they are looking for incriminating statements to build their case. Do NOT answer questions without a criminal defense attorney present. Even if you think you have nothing to hide, anything you say can be twisted against you. Your lawyer will assess the situation and manage communications with law enforcement agencies to prevent you from making statements that could hurt you later.
There is Increased Scrutiny of Your Prescribing or Dispensing Practices
If your medical practice, pharmacy, or business has recently experienced a DEA audit, increased insurance reviews, or heightened oversight from regulators, those could be signs that an active investigation is underway. Warning signs include:
- Insurance companies denying payments due to prescription patterns.
- Medical boards asking for additional documentation on prescribing history.
- Patients reporting unusual DEA visits to pharmacies asking about their prescriptions.
Receiving Complaints from Patients, Insurers, or Medical Boards
A single patient complaint, insurance fraud claim, or regulatory violation report can trigger a DEA investigation. Different agencies often work together, meaning that a medical board complaint could escalate into a DEA investigation. You should not assume a minor complaint will go away on its own; it’s always better to address potential DEA complaints with a legal consultation.
Consequences of a Drug Diversion Charge
A DEA investigation can put your career, reputation, and future at risk. Even if the accusations are based on misunderstandings or minor regulatory violations, penalties can be severe. Depending on the circumstances, potential outcomes may include:
Criminal Prosecution
Drug diversion is a federal drug offense, and the potential penalties for those convicted can be life altering. The Controlled Substances Act (CSA) allows the DEA to pursue charges that may lead to:
- Felony convictions with permanent criminal records
- Long federal prison sentences, especially for cases involving opioids, fentanyl, or large quantities of controlled substances
- Heavy fines that can financially cripple individuals and businesses
- Mandatory supervised release or probation restrictions that affect future employment opportunities
Federal prosecutors can be relentless in these cases. Hiring a lawyer early in the process is an important step to mitigating the potential harm to you, your profession, and your family.
Loss of Professional Licenses
A DEA investigation doesn’t just put you at risk of criminal penalties: it can also jeopardize your ability to work in healthcare or the pharmaceutical industry. Depending on the severity of the allegations, you may face:
- Revocation of your DEA registration, preventing you from prescribing or dispensing controlled substances
- Suspension or loss of your medical or pharmacy license, effectively ending your career
- Disciplinary action by state medical boards, which can make it impossible to regain licensure
- Termination of employment, since hospitals, pharmacies, and clinics cannot legally employ someone without proper licensing
Even if charges are dropped, a DEA inquiry alone can trigger professional board investigations that result in penalties affecting your long-term career.
Civil Lawsuits
In addition to criminal charges, drug diversion cases often lead to lawsuits filed by:
- Patients who claim they were harmed by improper prescriptions or fraudulent medical practices
- Insurance companies seeking damages for fraudulent claims linked to regular and electronic prescription fraud
- Regulatory agencies demanding financial restitution for violations of federal healthcare laws
A civil lawsuit can result in money judgments, making it difficult to recover financially even if you avoid jail time.
Asset Seizures and Financial Penalties
The government has the authority to seize bank accounts, property, and business assets if they believe a person or company has profited from drug diversion. Under federal forfeiture laws, individuals accused of drug-related crimes may face:
- Frozen bank accounts, preventing access to funds needed for legal defense
- Confiscation of homes, vehicles, or business property linked to alleged illegal activity
- Multimillion-dollar fines for violations of federal and state drug laws
These penalties can destroy financial stability and leave individuals and business owners unable to recover from an investigation.
What Should You Do When You’re Facing a DEA Investigation?
DEA investigators are trained to gather evidence that supports their case, not yours. Even if you believe you’ve done nothing wrong, an investigation can quickly escalate into criminal charges if handled improperly. As soon as you’ve received notice that you are under investigation, take the following steps:
Remain Calm and Avoid Talking to Investigators Without a Lawyer
If DEA agents contact you, show up at your practice, or request an interview, it’s natural to feel pressured to cooperate. However, anything you say – even casual or offhand remarks – can be twisted and used against you. Never speak to DEA agents or law enforcement officers without a criminal attorney present and do not sign any documents, answer questions, or provide explanations without legal guidance.
Do Not Alter or Destroy Records
If you suspect you are under investigation, resist the urge to change files, discard documents, or delete emails. Destroying, hiding, or altering records can lead to obstruction of justice charges, which carry severe penalties. Even innocent mistakes can be seen as an attempt to conceal evidence, so let your criminal lawyer review your business and financial records before any action is taken.
Consult a New York DEA Defense Attorney Immediately
Time is not on your side. The sooner you have legal representation, the better your chances of protecting your license, assets, and reputation. A DEA defense attorney can:
- Assess the seriousness of the investigation and determine if you are a witness, target, or suspect.
- Advise you on your rights and obligations, including how to respond to subpoenas and search warrants.
- Prevent costly mistakes that could escalate the case.
- Negotiate with federal agents and prosecutors to seek a favorable resolution.
Waiting too long to hire a criminal lawyer can limit your options. If the DEA is investigating you, get experienced counsel immediately.
What Are Examples of DEA Defense Strategies?
A DEA investigation can lead to criminal charges, civil penalties, or administrative actions that put your career and business at risk. The experienced DEA defense attorneys at ZMO Law use a range of legal strategies to expose weaknesses in the investigation and challenge improper law enforcement tactics. Here are some potential defenses used in DEA cases:
- Challenging Search and Seizure Procedures: DEA agents must follow strict legal guidelines when conducting searches, seizing property, or obtaining evidence. If they violate Fourth Amendment protections against illegal searches and seizures, evidence collected during the raid may be suppressed in court.
- Proving Compliance with Drug Laws: One of the strongest defenses against DEA allegations is demonstrating full compliance with controlled substance regulations. If your medical practice, pharmacy, or business followed all federal and state guidelines, the DEA’s case may fall apart.
- Exposing Flawed Evidence: DEA investigations often rely on informants, whistleblowers, or patient complaints, but these sources can be biased, unreliable, or outright dishonest. A skilled attorney will carefully examine whether patient statements are exaggerated or inconsistent or whether the DEA relied on an informant with a history of false claims or personal motives.
- Showing Lack of Criminal Intent: Not all mistakes are crimes. Many DEA investigations involve prescribing or dispensing errors, record-keeping inconsistencies, or misunderstandings of regulatory guidelines. Prosecutors must prove that any violation was intentional, not accidental. If they cannot establish criminal intent, it may result in reduced charges, dismissal of the case, or an administrative penalty rather than a criminal conviction.
- Negotiating a Civil Resolution: In some cases, the best legal strategy is to negotiate a resolution outside of criminal court. DEA investigations can lead to civil fines or license probation instead of criminal charges. In some cases, a criminal defense attorney can negotiate with federal authorities to avoid severe penalties, protect your professional license, and resolve the case without going to trial.
What Is Drug Diversion?
Drug diversion occurs when controlled substances are distributed, prescribed, or used in ways that violate federal or state laws. The Drug Enforcement Administration (DEA) aggressively investigates these cases: even minor discrepancies in record-keeping or prescription patterns can trigger enforcement actions, making it critical for anyone in the healthcare or pharmaceutical industry to understand the risks.
Common Examples of Drug Diversion
Drug diversion cases usually involve allegations of fraud, misuse, or illegal distribution. Below are some of the most frequent ways drug diversion occurs.
Doctors Prescribing Opioids Without Medical Necessity
Physicians who prescribe opioids, stimulants, or other controlled substances outside of accepted medical guidelines may face allegations of drug diversion. The DEA often investigates doctors accused of:
- Writing prescriptions for patients without proper evaluations
- Providing large quantities of highly addictive medications
- Continuing prescriptions despite signs of substance abuse, addiction, or that patients are selling their medications on the black market
- Issuing prescriptions in exchange for cash or favors
Even if a doctor believes she was acting in good faith, improper documentation or deviations from standard medical practice can lead to an investigation.
Pharmacists Filling Fraudulent Prescriptions
Pharmacies play a key role in preventing drug diversion and they can also become targets of DEA enforcement if investigators suspect wrongdoing. Common accusations against pharmacists include:
- Filling prescriptions for patients with clear signs of misuse
- Failing to verify prescriptions from high-risk prescribers
- Dispensing medications in unusual quantities or frequencies
- Ignoring red flags such as multiple patients filling identical prescriptions from the same doctor
Even if the pharmacist was unaware of fraudulent activity, failure to follow regulatory guidelines can result in serious legal consequences.
Employees Stealing Controlled Substances from Medical Facilities
Hospitals, nursing homes, and clinics store large quantities of narcotics, sedatives, and other controlled drugs, making them frequent targets for diversion. Employees may attempt to:
- Falsify records to cover up missing medications
- Tamper with vials, syringes, or pill bottles to remove or dilute substances
- Steal drugs for personal use or resale on the black market
- Alter patient prescriptions to divert extra medication
Healthcare organizations are required to maintain strict inventory controls to prevent drug diversion. When discrepancies arise, the DEA may launch an investigation that targets both individual employees and facility management.
Businesses Distributing Drugs Without Proper Authorization
Pharmaceutical manufacturers, wholesalers, and distributors must comply with DEA regulations governing controlled substances. If a company is accused of any of the following, it can face federal charges, civil penalties, and loss of business licenses:
- Shipping excessive quantities of opioids or other prescription drugs to certain locations
- Failing to monitor suspicious orders
- Providing medications to unauthorized buyers
- Ignoring DEA reporting requirements
Even if the violation was unintentional, companies must demonstrate full compliance with DEA rules to avoid legal action.
How ZMO Law PLLC Can Help
A DEA investigation is not something to take lightly. If you are under scrutiny, your license, reputation, and freedom could be at risk. ZMO Law has a track record of providing aggressive, strategic defense for clients facing DEA enforcement actions, so please call (212) 685-0999 or fill out our online form to schedule an initial consultation.