What To Do if Your Practice Is Under Investigation by the DEA

 Posted on August 05, 2026 in DEA

If your practice is under investigation by the DEA, the most important thing you can do is contact a lawyer before responding to any request, subpoena, or audit. A DEA investigation can threaten your ability to prescribe controlled substances, your professional license, and even your freedom. This depends on what investigators believe they've found.

If you've received notice of an investigation in 2026, our Cook County, IL DEA audit and investigations lawyer can help you understand what's happening and fight to protect your practice. Attorney Joseph Bogdan brings over 20 years of experience to every practice he represents. He can put that knowledge to work for you.

Why Would the DEA Investigate a Medical Practice?

The DEA investigates practices for a variety of reasons. Not every investigation means serious wrongdoing has occurred. Investigations can be triggered by unusual prescribing patterns, complaints from patients or pharmacies, or discrepancies in controlled substance recordkeeping. Random compliance audits can also trigger an investigation.

Under the federal Controlled Substances Act, 21 U.S.C. Section 823, practitioners who prescribe or dispense controlled substances must register with the DEA. They must also follow strict recordkeeping and prescribing rules. Even small recordkeeping errors can draw attention if they appear frequently or involve high volumes of controlled substances.

What Does a DEA Audit Typically Look For?

A DEA audit usually focuses on how controlled substances are ordered, stored, prescribed, and documented. Investigators often compare prescription records against actual inventory to look for discrepancies. They may also review whether prescriptions were issued for a legitimate medical purpose. This is a key legal standard under federal law.

What Are the Warning Signs of a DEA Investigation for a Medical Practice?

Many practices don't realize they're under investigation until it's already well underway. Common signs include a formal request for records, an unannounced visit from DEA agents, or a subpoena for patient files. A notice of inspection under the DEA's administrative inspection authority is another common sign.

Sometimes the first sign is more subtle. A pharmacy might call to verify unusual prescriptions, or a patient might mention that they were questioned by investigators. If you notice any of these signs, it's wise to speak with an attorney right away, even before you receive formal paperwork.

Should You Talk to DEA Investigators Without a Lawyer?

It's tempting to think that being cooperative and answering questions will help resolve the matter quickly. However, anything you say to investigators can be used against you later. Investigators are building a case, and even innocent explanations can be misunderstood or taken out of context.

This doesn't mean you should refuse to comply with a lawful subpoena or audit request. It means a lawyer should review the request first and guide your response. This is better than answering questions or handing over records without understanding the full picture.

What Steps Should You Take if You're Notified of a DEA Investigation Into Your Practice?

Acting quickly and carefully can make a significant difference in how an investigation unfolds. In addition to contacting a lawyer, helpful steps include:

• Preserving all relevant records rather than altering or deleting anything
• Avoiding any changes to prescribing practices that could look like an attempt to cover something up
• Documenting all contact with DEA agents, including dates and what was discussed
• Notifying your malpractice or professional liability insurer, since some policies cover legal defense costs

Taking these steps early can help protect both your license and your practice while the investigation moves forward.

What Are the Possible Consequences of a DEA Investigation Into a Medical Practice?

The consequences of a DEA investigation can range from a warning letter to the loss of your DEA registration. Losing your registration would prevent you from prescribing controlled substances altogether. In more serious cases, investigations can lead to criminal charges under the Controlled Substances Act. This is especially true if investigators believe prescriptions were issued outside the scope of legitimate medical practice.

A finding against you can also trigger separate action from your state medical or pharmacy board. A DEA action often leads to a parallel licensing investigation. This means a single investigation can threaten your ability to practice from multiple directions at once.

Contact Our Illinois DEA Enforcement Attorney for a Free Consultation

Attorney Bogdan is both a registered pharmacist and an attorney. This gives him a rare combination of clinical and legal knowledge when it comes to controlled substance cases. He also serves as an expert witness in numerous pharmaceutical cases, including those involving controlled substances.

Contact The Law Offices of Joseph J. Bogdan, Inc. at 630-310-1267 to talk to our Cook County, IL DEA audit and investigations lawyer today.