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DEA Immediate Suspensions Lawyers
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Understanding DEA Investigations and Enforcement Actions
The Drug Enforcement Administration (DEA) is the primary federal agency tasked with enforcing the Controlled Substances Act (CSA) and other laws related to the use and abuse of controlled substances. The CSA establishes the legal classification of all drugs, outlines the restrictions on how those drugs can be manufactured, possessed, and dispensed, and establishes the penalties for violating those restrictions.
The DEA itself was established under the CSA in 1973. The agency is responsible for investigating drug-related crimes, coordinating law enforcement efforts, conducting drug research, and working with the public and other agencies to prevent drug abuse.
DEA’s Authority Over the Medical Profession
The DEA does not have authority over the medical profession. The medical profession is overseen by state medical boards and the U.S. Department of Health and Human Services (HHS) — not the DEA. However, the DEA does have authority over the distribution of controlled substances, so any physician who prescribes controlled substances or a pharmacy that dispenses controlled substances can be subject to DEA investigation and enforcement action.
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.
The Power of the DEA
The DEA has a lot of power. If the DEA believes that someone has violated the CSA or any other laws related to controlled substances, the agency can take steps to suspend or revoke the individual’s or the business’s DEA registration. That registration is required for anyone who wants to manufacture, possess, distribute, or dispense controlled substances.
The DEA can also seek to have a court issue an injunction against anyone who is violating the CSA, which would block the individual or business from continuing to manufacture, possess, distribute, or dispense controlled substances.
The DEA can also refer cases to the U.S. Department of Justice (DOJ) for prosecution. These cases can lead to fines and prison sentences in addition to the revocation or suspension of the individual’s or business’s DEA registration.
The DEA’s Suspension and Revocation Process
The DEA does have a formal process for revoking and suspending DEA registrations. That process is set forth in the Code of Federal Regulations (CFR) and begins with a DEA investigation.
During the investigation, the DEA will gather evidence, question witnesses, and ultimately decide whether there is enough evidence to support the revocation or suspension of the individual’s or business’s DEA registration. If the DEA decides to move forward, the agency will notify the individual or business of the intended revocation or suspension and give the individual or business a chance to respond.
The individual or business will be given a revocation or suspension hearing before an Administrative Law Judge, who will hear both sides of the story, review the evidence and the law, and issue a formal decision. If the DEA decides to move forward after the hearing, the individual or business will be given another chance to respond in writing.
The DEA can then issue a final order revoking or suspending the individual’s or business’s DEA registration. The individual or business can then appeal the DEA’s decision to the U.S. Court of Appeals for the District of Columbia Circuit.
The DEA’s Process Is Complicated
The DEA’s process for revoking and suspending DEA registrations is complicated. It involves multiple steps, technical rules and deadlines, and a wide range of potential outcomes. Any healthcare provider who is under investigation by the DEA or who is facing a DEE revocation or suspension should seek the help of an experienced healthcare attorney.
Frequently Asked Questions
How Can the DEA Suspend or Revoke My Registration?
The DEA can take steps to suspend or revoke an individual’s or business’s DEA registration for a wide range of reasons. For example, the DEA may take action if it believes that the individual or business has failed to comply with state laws governing the prescribing, dispensing, and distribution of controlled substances, or if it believes that the individual or business has been convicted of a felony related to controlled substances.
What is a Notice of Proposed Suspension?
A Notice of Proposed Suspension is a notice that advises you that the DEA is considering suspending or revoking your registration as a federal controlled substance registrant or denying your application for registration. You are required to submit a written response within 30 days.
If I get a Notice of Proposed Suspension, what should I do?
If you receive a Notice of Proposed Suspension, it is important to respond in writing within the required 30 days and you should contact an experienced Controlled Substances Attorney. The response will be the only opportunity you will have to convince the DEA to not suspend your registration.
Can I appeal a Notice of Proposed Suspension?
Yes. An appeal can be filed with the DEA Administrator, who will review the DEA’s decision and either affirm, reverse, or modify it.
Can I lose my registration if I am convicted of a crime?
Yes, you can lose your registration if you are convicted of a crime. After you are convicted of a crime, you must notify the DEA of the conviction, and the DEA will determine if the crime is a controlled substance offense. The DEA may suspend or revoke your registration based on your conviction even if the crime is not a controlled substance offense.
How long will it take the DEA to investigate me?
The time it takes the DEA to investigate you will depend on the nature of the investigation and the amount of evidence the DEA has against you. The DEA has 24 months from when the illegal act occurred to bring an enforcement action against you.
What should I do if I am under investigation by the DEA?
If you are under investigation by the DEA, you must retain an experienced controlled substances attorney. If you do not have an attorney, the DEA will try to use your statements against you to build a case against you.
Can I get my registration back if I am suspended?
Yes, you can get your registration back if you are suspended. The DEA may reinstated your registration if it finds that the “imminent danger” to the public health and safety has been removed.
What if I am not a doctor, but I am still being investigated?
If you are not a doctor, you are still subject to the same rules and regulations as a doctor. This means that you can still be prosecuted for controlled substance offenses, and the DEA can still suspend or revoke your registration.
If you are facing a DEA investigation or enforcement action, it is important to seek the help of an experienced healthcare attorney. The attorneys at Spodek Law Group have extensive experience representing healthcare providers in DEA matters and can help protect your rights and your livelihood.
