Handling DEA Action Part VII: How Should Registrants Manage Encounters with Bad Diversion Investigators?
- Hunter DeKoninck
- Oct 31
- 4 min read
By Hunter DeKoninck & Scott Brinks
Most DEA Diversion Investigators (“DIs”) are professional, knowledgeable, and committed to ensuring compliance in a collaborative way. However, every now and then, a registrant encounters a DI who may not only be misinformed about the regulations but is also condescending or unprofessional in how they conduct their investigation or interact with registrants and their employees.
How you handle a difficult DI depends, in part, on the reason for their visit. I would suggest reading our prior post “Handling DEA Action PART II: How To Handle Routine Cyclic Inspections?” This article outlined how to handle DEA inspections conducted under three legal authorities: Notice of Inspection (NOI), Administrative Inspection Warrant (AIW), and Criminal Search Warrant. It emphasized the importance of knowing your rights, maintaining professionalism, and limiting the scope of access granted to investigators. For NOI and AIW inspections, you can control the inspection environment, restrict access, and even revoke consent under an NOI. In all cases, close coordination with DeKo Law and Brinks DEA Consulting is critical to protecting your business.
With that said, should you find yourself dealing with a difficult DI, below are some strategies registrants can consider to help them stay in control, protect their business, and maintain their professionalism.
1. Stay Calm and Professional
No matter how rude or incorrect the DI may be, your demeanor should remain calm, respectful, and composed. Reacting emotionally or defensively can escalate the situation and potentially be used against you in a report.
2. Document Everything
Keep detailed notes during the inspection. Record what was said, what documents were requested, and any statements that seemed inaccurate or inappropriate. Always, have a second staff member present to witness the interaction.
3. Know the Regulations Better Than They Do
Unfortunately, not every DI is fully up to date on DEA policy, regulations, or interpretations. This is where your preparation pays off. Have your documentation, SOPs, and records in order. If the investigator makes a claim that contradicts the regulations, politely ask for clarification and request that they cite the specific regulation or policy.
Example: “I appreciate your input. Could you point me to the specific CFR section or DEA guidance that supports that interpretation?”
If a DI is onsite and you disagree with their interpretation of the regulations, you have the right to excuse yourself from the room and your attorney (e.g. DeKo Law) or DEA consultant (e.g. Brinks Consulting) who can provide real-time assistant while the inspection is ongoing.
4. Don’t Argue—Ask Questions
Rather than challenging the DI directly, frame your responses as questions. This keeps the tone neutral and invites a more constructive dialogue.
Instead of: “That’s not correct.”
Try: “That’s interesting—I’ve seen it interpreted differently. Could we review the guidance together?”
5. Request a Supervisor if Necessary
If the DI’s behavior becomes unprofessional or their demands are clearly outside the scope of DEA authority, it’s appropriate to request to speak with their supervisor. Do this respectfully and document the request.
6. You Can Withdraw Consent Under a Notice of Inspection
If the DI is conducting the inspection under a DEA Form 82 (Notice of Inspection), you are within your rights to withdraw your consent at any time. If the situation becomes unmanageable or you feel the inspection is being conducted improperly, you can politely inform the DI that you are withdrawing your permission for the inspection and ask them to leave the premises.
7. Follow Up in Writing
After the inspection, send a follow-up email summarizing the visit, including any points of disagreement or concern. This creates a paper trail and gives you an opportunity to clarify your position in writing.
8. Engage a Consultant or Legal Counsel
If you’re unsure how to respond to a particular demand or if the inspection seems to be going off the rails, don’t hesitate to bring in Brinks DEA Consulting or an Attorney at Deko Law. Having an expert advocate on your side can make a significant difference.
Final Thoughts
Dealing with a difficult DI can be frustrating, but it’s also an opportunity to demonstrate your professionalism and commitment to compliance. By staying calm, informed, and strategic, you can navigate even the most challenging inspections with confidence.
If you’ve had a similar experience or need help preparing for an inspection, feel free to reach out.
Brinks DEA Consulting - Brinks DEA Consulting stands apart as the premier authority in controlled substance compliance and diversion prevention, led by Scott Brinks—a former DEA Section Chief with over 28 years of federal law enforcement and regulatory experience. Unlike other firms, our expertise is rooted in firsthand leadership of DEA policy, rulemaking, and high-impact investigations, including landmark cases and national regulatory reforms. We offer clients unmatched insight into DEA operations, having authored major federal regulations and built diversion prevention programs for healthcare systems. Our tailored audits, training, and strategic guidance are informed by decades of operational excellence, making Brinks DEA Consulting the definitive choice for organizations seeking elite-level compliance and risk mitigation.
DeKo Law - DeKo Law LLC, founded by Hunter DeKoninck in 2025, is a boutique law firm specializing in DEA compliance and litigation under the Controlled Substances Act (CSA). With over a decade of experience, including a 10-year tenure at Quarles & Brady, Hunter has built a reputation as a leading expert in advising pharmaceutical industry stakeholders—ranging from wholesale distributors to pharmacies and hospitals—on regulatory compliance and legal defense. The firm offers comprehensive services including policy development, DEA registration guidance, suspicious order monitoring advice, and representation in civil and administrative actions brought by the DEA and DOJ. DeKo Law is distinguished not only by its technical expertise but also by Hunter's personal commitment to integrity and service, rooted in his Christian faith and dedication to his family.