If you are a pharmacy owner, pharmaceutical manufacturer, physician, or someone who can access controlled prescription medications, you are, hopefully, familiar with the regulatory requirements for safeguarding the drugs under your control and keeping accurate records. The U.S. Department of Justice, under the cloak of the Drug Enforcement Administration, investigates possible cases where prescription drugs are being misused or illegally distributed.
If you have been targeted by the DEA for investigation, you should seek immediate help from a trusted DEA drug diversion defense lawyer who understands how the DEA works and is experienced in defending clients against federal crimes. Your job and your freedom could both be in danger. If the DEA or other federal agents want to talk to you about prescription drugs being misused, don’t face them alone. Call our firm to get help from a knowledgeable DEA drug diversion defense lawyer now.
Understanding Drug Diversion
Legal drugs have to be manufactured using distinctive chemicals. Once a medical practice or licensed physician prescribes them, the script is then filled by a trained chemist. If prescription drugs are taken or sold outside the legal supply chain, it’s considered drug diversion.
The DEA uses whistleblowers, informants, and cutting-edge technology to find indications that drug diversion is taking place. In fact, the DEA has a Diversion Control Division that is committed to the prevention, detection, and investigation of the diversion of any controlled legal substances while still ensuring that a robust supply of pharmaceuticals is available for scientific and medical purposes. A DEA drug diversion defense lawyer can explain what to expect during a diversion investigation and how it can impact your career as a medical professional.
Notification of Investigation
A chemist or medical practitioner usually learns they’re under a diversion investigation when DEA agents arrive with a Notice of Inspection. This “notice” declares the Diversion Control Division’s plan to investigate and process the premises, which the chemist or doctor can refuse. If access is refused, investigators will then reach out to a federal district court judge for an administrative search warrant and, if they have probable cause, a criminal search warrant as well.
Consenting to an inspection means you understand and agree that:
- You have the right to refuse the inspection.
- You are voluntarily allowing investigators to inspect your property.
- You are voluntarily allowing investigators to review your business records.
- Any evidence found during the inspection can be used against you.
Before you consent to a DEA inspection, contact a DEA drug diversion defense lawyer to defend your rights.
What DEA Investigators Look for During a Diversion Investigation
Investigators are looking for any proof that an employee or target has diverted prescription medications. They will ask for procedure manuals and compliance policies, access logs for drug storage areas, copies of prescriptions written for patients, prescription pads, and they will physically inspect any storage areas. They may also study video surveillance, do stock takes, and ask employees how they dispose of medications. Insurance billing records will come into play if DEA investigators suspect Medicaid or Medicare fraud.
Inspectors will also conduct inquiries with your employees, particularly if your pharmaceutical records do not offer a viable explanation for any missing opioids or other prescription medicines.
The DEA Diversion Investigators’ Report
When investigators finish their inspection, they write a report about what they found. Most of the time, it outlines policy or recordkeeping problems. If they uncover evidence of drug diversion, they can suspend or revoke your DEA registration, or send the report to the Department of Justice to consider criminal charges under federal drug laws. A skilled DEA drug diversion defense lawyer can help you understand your options and work to protect your license and career.
Contact Aaron L. Wiley Law, P.C., Today
Once the DEA begins investigating you, it is important to have an experienced lawyer who will defend you from the start. The Department of Justice may decide to press charges after reviewing the DEA’s findings, leading to more searches and inspections. A DEA drug diversion defense lawyer from Aaron L. Wiley Law, P.C., can help protect you and your career. Call now at (254) 566-3860 or fill out our online form to take the first step toward protecting your future.