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DEA Audits and DEA Inspections Lawyers
The Drug Enforcement Agency and Pharmacy Audits: What You Need to Know
The Drug Enforcement Agency is tasked with ensuring compliance of the Controlled Substances Act and a variety of other laws. Your pharmacy is subject to an audit or inspection at any time to ensure compliance. An audit or inspection can understandably be a stressful time for a pharmacist. Concerns about facing civil or criminal penalties related to errors, the possible revocation of your subscription and other matters are common. What should you know about DEA audits?
The DEA’s Primary Focus
The United States is in the midst of an opioid epidemic, so curbing the epidemic is a top priority of the DEA. As a result, the typical DEA pharmacy audit will involve close examination of related controlled substances. Some of these are hydrocodone, oxycodone, clonazepam, codeine, morphine, lorazepam and others. While these controlled substances will receive ample attention from the DEA, they are not the only focal point of a DEA audit. In fact, these are a few of the leading issues that are identified during a pharmacy audit.
Intentional or negligent non-compliance with Schedule II controlled substances like methadone, fentanyl, methamphetamine and others
Intentional or negligent non-compliance with Schedule III controlled substances like ketamine, Vicodin, anabolic steroids and others
Intentional or negligent non-compliance with Schedule IV controlled substances like triazolam, clonazepam, midazolam and others
Suspicious dispensing patterns related to statistics for new patients, patients with frequent refills, chronic pain patients, cash-paying patients and others.
Relationships with physicians who are suspected of violating regulations related to controlled substances.
The pharmacy’s business practices related to why patients fill their prescriptions there, how far they travel and who their referring physicians are
Poor compliance controls for drug ordering, packaging and transferring controlled substances, keeping records, preventing theft, dispensing and more
Best Practices During a DEA Pharmacy Audit
The Drug Enforcement Agency has extensive power and reach, and they have the right to audit any pharmacy at any time. Generally, these audits are routine, but the DEA will actively look for red flags that signal the need for a deeper investigation. One of the best steps that you can take to protect your business and yourself is to consult with an experienced legal team. Without representation, individuals may make innocent mistakes that can lead to large investigations and allegations that have far-reaching consequences. With this in mind, the best time to consult with a lawyer is as soon as an audit begins.
The Need for Representation for Routine Audits
If you believe that you have done nothing wrong, you may not see the reason for hiring an attorney. However, even something as simple as a clerical error or a misstatement from one of your staff members could trigger a much more in-depth investigation and the potential for serious allegations. A minor mistake could have significant consequences, and you want to have full legal representation before issues arise. In some situations, legal representation may actually help you to avoid significant issues from developing at all.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
A Search Without a Warrant
While other law enforcement agencies are required to obtain a search warrant before proceeding with an investigation in your place of business, this is not the case with the DEA. The DEA is only required to obtain a search warrant if it is participating with other law enforcement agencies. For a general or routine audit, a warrant is not needed. However, this does not mean that the DEA will not find evidence of criminal activity. If a warrant is not obtained, the DEA will use a Form 82, which is a Notice of Inspection of Controlled Premises. Without a warrant, the DEA will need to obtain your informed consent. With this in mind, receipt of notification is the time to consult with an attorney.
Schedule a Legal Consultation Today
Whether you have received a Form 82 or a search warrant has been issued, the time to request legal counsel is now. Contact our law firm today to learn more about your rights and to obtain the representation that you need
