In investigating suspected drug diversion, the DEA will often send undercover investigators or special agents to the practitioner’s office. These undercover investigators routinely surreptitiously record what occurs during these office visits. Investigations often result in the DEA executing a search warrant at the practice/pharmacy, in cooperation with local authorities and/or the FBI. During the search, they’ll try to obtain statements from the healthcare providers and employees in the practice/pharmacy. TJF recommends never making a statement to DEA agents without advice from a drug diversion defense lawyer. Additionally, DEA agents routinely try to get practitioners to sign a Voluntary Surrender of Controlled Substances Privileges form (DEA Form 104). A practitioner should never use this form to surrender their DEA controlled substances Certificate of Registration because the Form 104 contains inculpatory language, and because use of the Form 104 is not required by the relevant federal regulations governing license surrender. Generally, by the time the practice is searched, both the DEA and DOJ have enough evidence to charge the staff, including the doctor/nurses/pharmacists and all other mid-level providers at the practice. It is not uncommon for an indictment to be already issued but under seal. It’s crucial you hire a drug diversion attorney at the first moment you suspect that you’re under investigation.