DEA Form 104: Why You Should Never Sign Without Legal Counsel

Federal Defense Insight from Almonte Law, DEA Defense Attorney

Picture this: you’re in the middle of a busy day at your medical practice, pharmacy, or clinic when unexpected visitors arrive. Two individuals step inside—one introduces himself as a Drug Enforcement Administration (DEA) Diversion Investigator, the other as a DEA Special Agent. They may appear calm, professional, and even courteous. They inform you they are conducting an audit, inspection, or investigation. After a brief review of your records or prescribing history, they present you with a form: DEA Form 104.

They tell you it’s a “voluntary surrender” of your DEA registration, suggesting it will “make things easier” or “avoid complications.” The pressure is immediate. Signing feels like the simplest way out of a stressful situation.

But in reality, signing DEA Form 104 is one of the most damaging decisions a healthcare professional can make without legal counsel.

DO NOT SIGN without counsel.

What Is DEA Form 104?

DEA Form 104 is officially titled the “Surrender for Cause of DEA Certificate of Registration.”

By signing it, you voluntarily surrender your DEA registration—the federal license that authorizes you to prescribe, administer, or dispense controlled substances. Once signed, your authority ends immediately. There is no hearing, no appeal, and no quick path to reinstatement.

*Excerpt from DEA Form 104.

DEA Diversion Control Program: Investigators vs. Special Agents

The DEA’s Diversion Control Program oversees the regulation of controlled substances in healthcare. Two types of DEA personnel typically conduct these investigations:

• Diversion Investigators (DIs):
  • Focus on audits, compliance, and recordkeeping
  • Do not carry weapons or make arrests
  • Often present DEA Form 104 during inspections
• DEA Special Agents:
  • Federal law enforcement officers who investigate crimes
  • Carry firearms, execute search warrants, and conduct undercover operations
  • Involvement usually means the case may lead to criminal prosecution

If both a Diversion Investigator and a Special Agent arrive at your door, your situation is far more serious than a simple audit.

Why the DEA Uses Form 104

DEA personnel often present Form 104 during:

• DEA audits or inspections
• Investigations into alleged prescribing or dispensing violations
• Joint operations with state boards or federal agencies
• Surprise visits involving subpoenas or search warrants

The form may be described as “voluntary.” In practice, signing often waives critical rights and gives the government leverage for administrative and criminal action.

The Dangers of Signing DEA Form 104

Signing DEA Form 104 can trigger:

• Immediate loss of DEA registration
• Loss of prescribing/dispensing authority
• Evidence of wrongdoing used in future proceedings
• Professional discipline from medical or pharmacy boards
• Medicare/Medicaid exclusion
• Permanent harm to your career and reputation

What To Do If DEA Presents Form 104

If Diversion Investigators or Special Agents present DEA Form 104:

1. Stay calm and professional. Do not resist or argue.
2. Do not sign anything. Signing under pressure almost always harms your case.
3. Seek legal counsel immediately.
4. Contact Almonte Law right away. Fast legal intervention can save your registration and protect your career.

How Almonte Law Protects You

At Almonte Law, led by former federal prosecutor Robert Almonte, we know how the DEA operates—and how to fight back. We represent healthcare professionals nationwide in DEA investigations and enforcement actions.

We help clients:

• Prevent or rescind DEA Form 104 surrenders
• Defend DEA registrations in administrative hearings
• Negotiate with the DEA to protect professional authority
• Fight parallel criminal investigations
• Safeguard state medical and pharmacy licenses
• Minimize collateral consequences with Medicare/Medicaid

Don’t Sign Away Your Career

DEA Form 104 is not routine paperwork. It is a legally binding surrender that can destroy your career and expose you to criminal prosecution.

Before you sign anything—call Almonte Law.

Contact Almonte Law today for a confidential consultation.
Your rights won’t protect themselves. We will.

Healthcare Professionals We Defend:

• Physicians
• Pharmacists
• Pain Management Clinics
• Nurse Practitioners
• Behavioral Health Providers
• Addiction Treatment Centers

Nationwide DEA Defense
Based in San Antonio, Texas, Almonte Law defends clients in DEA investigations, administrative hearings, and federal criminal cases across the United States.