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Los Angeles DEA Audit and Investigation Lawyers

It is common for a healthcare provider in California to experience a Drug Enforcement Agency (DEA ) audit and investigation. Should any serious violations of the Controlled Substances Act (CSA) be detected, a healthcare prover could face everything from administrative actions to criminal prosecution. Many healthcare providers will want legal assistance during such an audit. An experienced attorney will know how to properly handle the process and provide important legal guidance.

Compliance
The audits and investigations conducted on healthcare providers are to confirm compliance with the CSA. These audits occur for a number of reasons. The dea may have received a tip by a patient or pharmacy concerning a particular healthcare provider’s practices with regards to prescriptions. They may have detected a significant change in a healthcare provider’s pattern for writing prescriptions when compared to similar providers. It is also possible the DEA wants to conduct a random audit and investigation to ensure CSA compliance.

Warrants and Notices of Inspection
The DEA has no legal obligation to provide a search warrant when it comes to a healthcare provider’s location in order to conduct an audit. A search warrant will be required if the dea is part of a criminal investigation conducted by other government agencies. The DEA audit starts with providing a Notice of Inspection of Controlled Premises. This notice is known as dea form 82. This form must be given to the subject prior to starting the audit process.

Informed Consent
Once the dea presents Form 82, it is up to the subject of the audit to give its informed consent prior to the audit taking place. This informed consent is done with a written statement. The subject of the audit must write that they’ve been informed of their constitutional rights concerning the audit. They must also acknowledge if something of a criminal nature is discovered as a result of the audit, it can be used against them for criminal prosecution. They must also include a statement of their voluntary consent.

Refusing Informed Consent
There are many reasons the subject of a DEA audit may refuse to provide their informed consent. They realize their refusal will usually cause the dea to obtain an administrative search warrant. It is recommended the subject of a DEA audit and investigation immediately obtain legal counsel when presented with DEA form 82. A healthcare provider may want to reschedule because of seeing a high level of clients combined with lower then necessary staff levels. The individuals responsible for dealing with audits and investigations may not be immediately available. The provider may want to review their operation and make certain they’re as organized as necessary to show compliance with the CSA.

Administrative Search Warrants
Should the dea be refused informed consent, they will try to obtain an administrative search warrant form a U.S. Federal District Court. This is not like obtaining a regular search warrant. In this case, the dea does not have to provide evidence of probable cause. It is only required to provide reasons for the nature and extent of their inspection. The dea/defense-lawyers/preparing-for-a-dea-inspection/” >DEA is also required to provide the scope of their inspection as well as any type of items they intend to seize. Courts commonly grant such dea administrative warrants. Once the subject of a DEA audit is presented with an administrative search warrant, they must comply. If this does not happen, those involved could be subject to arrest and criminal prosecution.

Extent of Audit And Investigation
When the subject of an audit and investigation by the DEA is given an administrative warrant, it’s important to know it doesn’t give the dea authority to audit or investigate everything. There are limits to what the dea is able to inspect. A recent court decision did include patient records as part of an investigation and audit process. The dea can interview a healthcare provider as well as staff. Any information obtained during the audit and investigation can be used in a criminal or administrative proceedings if necessary.

Consequences
If the dea believes there have been laws broken in regards to the CSA, they can make a referral to the U.S. Attorneys Office. This could lead to a fine or criminal prosecution. If found guilty, it’s possible to the guilty party could receive a $100,000 fine as well as a year in prison. Those who are found to be simply negligent could be fined up to $10,000 for each occurrence.


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Charle Butler
2021-03-12
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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
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debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
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Mike Moroff
2021-02-26
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I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
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Josh Katz
2021-02-24
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Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
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L.C.
2021-02-24
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I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
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I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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