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IL DEA defense lawyerFor medical providers who prescribe or dispense controlled substances, maintaining a valid DEA registration is a crucial requirement that is necessary to continue providing services to patients. In some cases, these providers may be subject to DEA investigations and enforcement of laws and regulations related to controlled substances. The DEA is aggressive in its efforts to combat the illegal distribution of drugs, and agents will often threaten a provider and state that they could face criminal consequences, but this could be avoided if a person voluntarily surrenders their DEA registration. However, providers should understand that doing so is an irrevocable step that is likely to have a variety of negative effects on their medical license, their practice, and their career.

Consequences of Surrendering Your DEA Registration

Being subject to a DEA investigation can be very intimidating. If a DEA agent presents you with Form 104, “Voluntary Surrender of Controlled Substances Privileges,” and states that if you do not cooperate and turn over your controlled substance registration, you could face criminal prosecution, you may feel that you have no option other than to sign this form. Some DEA agents may even offer reassurances, claiming that agreeing to a voluntary surrender will make things easier for you and that you will be able to reapply for registration in the future.

In reality, voluntarily surrendering your DEA registration will make things easier for the DEA, but it will make things much more difficult for you. If the DEA was to pursue a case against you, they would have to prove that you committed violations such as unlawful prescribing or unlawful dispensing of controlled substances, and you will have the right to defend yourself in a DEA administrative hearing. If you sign Form 104 and turn over your DEA registration, you will be admitting to the DEA’s accusations and giving up your right to a hearing, and the DEA will no longer need to show that you committed any violations.

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