If a medical provider’s DEA registration expires, the provider will no longer be able to prescribe or dispense controlled substances. This could have a major impact on the provider’s ability to treat patients, as well as the patients’ access to care.
if you are facing a DEA investigation, you should not sign this form without first consulting with an experienced DEA defense attorney. You have the right to defend yourself against the allegations against you, and signing this form may be detrimental to your case.
What is Form 104?
Form 104 is a voluntary surrender of your controlled substance registration. When you sign this form, you are agreeing to surrender your registration with the DEA and your authority to handle controlled substances. You will also be required to surrender any controlled substances that you currently have in your possession. This includes any drugs that are currently in stock at your business or any drugs that are being shipped to you. Once you sign Form 104, it cannot be undone.
The DEA will use Form 104 as evidence against you if there is a criminal prosecution related to the investigation against you. This means that even if there is no criminal prosecution related to the investigation, the DEA can still use Form 104 as evidence against you in future investigations or prosecutions for other offenses. This could limit your ability to defend yourself in future cases and make it more difficult for you to obtain a controlled substance registration in the future.
What Are Your Options?
If a DEA agent asks for your cooperation during an investigation, they may try to convince you that signing Form 104 is in your interest and will make things easier for everyone involved. However, if they do not have enough evidence against you for criminal charges at this time, signing Form 104 may prevent them from gathering enough evidence for charges later on down the road. It may also prevent them from uncovering other illegal activity that they were not aware of when they started their investigation into your business or practice. If there is enough evidence against you for criminal charges after an investigation has been completed, signing Form 104 will not prevent these charges from being filed against you by state or federal prosecutors – it will only make it more difficult for your attorney to defend yourself against these charges because it can be used as evidence by prosecutors during trial proceedings and sentencing hearings after conviction has been obtained on these charges. Therefore, it is important that before making any decisions about cooperating with investigators or signing documents like Form 104 during an active investigation into possible illegal activity involving controlled substances within your business or practice, that all options are discussed with an experienced attorney who specializes in defending clients who are under investigation by federal law enforcement agencies like the Drug Enforcement Administration (DEA).
The DEA will also not be required to show that your actions were done knowingly and intentionally. You may have a good defense to the accusations against you, but if you sign Form 104, you will not be able to present that defense. You will also lose your right to appeal the DEA’s decision.
You should also be aware that if you voluntarily surrender your DEA registration, the DEA may share information about your surrender with state licensing boards and other federal agencies. This could result in state disciplinary action against your license or even federal criminal charges being filed against you.
If you are contacted by the DEA about possible disciplinary action against your registration, it is important that you seek legal advice from an experienced attorney who has handled these types of cases before. The attorney can help you understand what is happening and how to protect yourself and your career.
Contact a DEA Defense Attorney Today
If you are facing a DEA investigation, it is important to consult with an experienced attorney as soon as possible. At Spodek Law Group P.C., our team of former federal prosecutors and experienced defense attorneys has represented clients in thousands of federal criminal cases, including many complex drug cases involving controlled substances. We understand the strategies that federal prosecutors use to obtain convictions in these cases and we know how to defend against these strategies. To learn more about your rights and options if you are facing a DEA investigation, contact us today for a free consultation.