D. Linden Barber is the Director of the firm’s DEA Compliance and Litigation Practice Group in the Health Law Group, and the Managing Partner of the Indianapolis Office. Since joining Quarles & Brady in 2011, Linden has advised and represented a variety of firms and companies registered with the Drug Enforcement Administration (DEA). He counsels clients on a broad range of regulatory compliance and enforcement issues involving the Controlled Substances Act (CSA). He represents and advises manufacturers, wholesale distributors, pharmacies, hospitals and individual practitioners on compliance matters relating to their obligations under CSA and DEA's regulations. He also represents registrants in administrative and civil litigation matters in actions brought under the CSA.
Prior to joining the Firm, Linden served for 11 years in a variety of positions at the Drug Enforcement Administration. He was an attorney in the Diversion Regulatory and Policy Section, the Associate Chief Counsel for the Diversion Litigation Section from 2006-2010, and, most recently, piloted DEA’s Regional Diversion Counsel program as the first DEA attorney assigned to a field office to handle cases involving DEA registrants. He has extensive experience trying cases before DEA's Administrative Law Judges. Prior to joining DEA, Linden was an active duty Army Judge Advocate for eight years culminating in serving as the chief military prosecutor at Fort Belvoir, Virginia.
During his tenure at DEA Linden's accomplishments included the following:
- Initiated combined use of administrative action and civil penalties under the Controlled Substances Act (CSA) to address large volume distribution of controlled substances from wholesale distributors to retailers suspected of diverting controlled substances from legitimate channels leading to record civil penalties under the CSA.
- Developed investigative and litigation strategy to address domestic rogue Internet pharmacies. The strategy was used in three major operations resulting in dozens of administrative cases against distributors, pharmacies and physicians.
- Prepared legal guidance for agents and investigators on forfeiture of listed chemicals that are transshipped through the United States without providing proper notice to DEA resulting in the seizure and forfeiture of tons of listed chemicals worth more than $10 million.
- Served as lead counsel in the hearing on DEA’s proposed rule to schedule carisoprodol, the only hearing of its kind in more than twenty years.
- Conducted consultation meetings with officials from Native American tribes and Native American religious groups regarding the sacramental use of peyote. Developed expertise in the religious use of controlled substances under the CSA and international drug control treaties.
Education and Honors
- University of Notre Dame Law School (J.D., 1989)
- Tennessee Temple University (B.A., 1986)
- Washington D.C.
- Illinois (inactive)
- U.S. Court of Appeals, District of Columbia Circuit, 2016
- U.S. Court of Appeals for the Armed Forces, 1991
- U.S. Army Court of Criminal Appeal, 1991
- U.S. District Court, Northern District of Indiana, 1989
- U.S. District Court, Southern District of Indiana, 1989
Professional and Civic Activities
- Adjunct Professor at Georgetown University (2010)
- Guest Lecturer, American University (2008-2013)
- Guest Lecturer, National Advocacy Center, United States Department of Justice (2008-2010)
- Guest Lecturer, DEA Training Academy (2007-2010)
- Volunteer, Beech Grove "Ask a Lawyer" Program
- Volunteer, Second Helpings (Quarles Cares Indianapolis Partner)
- Bronze Star and Combat Action Badge for service in Operation Iraqi Freedom
- Organized Crime Drug Enforcement Task Force National Award for Outstanding Innovative Pharmaceutical Investigation for Operation WebDrugs (2010)
- DEA Administrator's Award for Group Achievement in Operation Lightning Strike (2009)
- New York City Bar Association Trial Advocacy Award for Army Judge Advocates (1991, 1997)