Drug Enforcement Administration

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Drug Enforcement Administration

Since 1973, the DEA has enforced the drug laws in the United States.

Established: 1973
Administrator: Karen Tandy
Deputy administrator: Michele Leonhart
Budget: $2.415 billion (2006)
Employees: 10,891 (2006)
The DEA's enforcement activities may take agents anywhere from distant countries to suburban U.S. homes. Here agents train in Quantico, VA.
The DEA's enforcement activities may take agents anywhere from distant countries to suburban U.S. homes. Here agents train in Quantico, VA.

The Drug Enforcement Administration (DEA) is a United States Department of Justice law enforcement agency, a federal police service tasked with enforcing the Controlled Substances Act of 1970. Not only is the DEA the lead agency for domestic enforcement of federal drug laws (sharing concurrent jurisdiction with the Federal Bureau of Investigation), it also has sole responsibility for coordinating and pursuing U.S. drug investigations abroad.

Contents

The DEA Mobile Enforcement Team initiative (MET) is designed as a support service to help state and local police departments combat violent crime and drug trafficking in their communities.

The METs are tactical, quick-response teams. At the request of a police chief, sheriff, or district attorney, a MET will be deployed to work in concert with local police to dislodge violent drug offenders from the community. In coordination with state and local agencies, a MET will conduct surveillance, collect intelligence, cultivate investigations, obtain indictments and help with arrests, before returning to its base-division.

Mobile Enforcement Team members are not homicide investigators. The MET's mission is to cultivate drug intelligence and investigations against violent offenders, and then share that information with state and local authorities to further their homicide cases and prosecutions.

Those factors are:

Limited Resources:

State and local law enforcement agencies are expected to investigate more crimes with less financial, material, staffing, and technical resources. The MET initiative provides financial and technical support to investigations, as well as a diverse group of Agents whose involvement would minimize risk of exposing local undercover officers.

More violence/fewer police officers: The number of police officers has dropped, while violent crime incidents have surged. In 1990, says the IACP, the nation had fewer than one officer to respond to every three violent crimes.

Increased teen violence: Young peoplethe most violent of all age groupsare committing more random violence and killing strangers more frequently than adult criminals. Police investigations, therefore, are weakened, with fewer ties between victim and offender.

Witness intimidation: Criminal witness intimidation has had a profound negative impact on investigations, prosecutions, and the closure rate. Increased use of intimidation by gangs has undermined numerous investigations and prevented an untold number of potential witnesses from providing crucial testimony.

Violence within the criminal community: Another reason for the declining closure rate is that many homicides and other violent acts are committed within the criminal community, yet still terrorize the innocent. These would include enforcement actions within gangs, reprisals between drug lords, and crimes committed among criminals to obtain money for drugs.

In addition to law enforcement agencies, the METs also reach out for the unique expertise that can be offered by specialized housing agencies. Numerous communities across the country have shown that improvements to public housing, which often serve as gang-havens, can help drive out gang activity and lower crime rates. Such agencies that might be included in this effort are public housing police forces, building inspectors, and city tax and finance departments.

The DEA will give priority attention to certain circumstances when dispatching MET teams to state and local communities. These include:

Areas that are prone to, and have reflected, a high incidence of violent crime that are directly related to street-level drug trafficking;

Areas that are plagued by an extremely high volume of drug trafficking or by blatant drug dealing in public places where little or no regard is shown for authority figures or local law enforcement efforts; and

Complaints of drug distribution in and around schools, playgrounds, and other areas where youths congregate.

Methods of Operation

The DEA began assigning METs to DEA Divisions across the country in early 1995. When contacted by a local counterpart, the DEA Special Agent in Charge will first ensure that the gang or organization to be targeted is known to traffic drugs and engage in violence. The SAC will then dispatch to that city an advance team consisting of two or three Special Agents. Over the following two to three weeks, the advance team, using state-of-the-art equipment, will take surveillance videos and collect intelligence on gang members. Also during this time, the advance team will meet with local counterparts to discuss key issues.

These issues include: the handling of evidence and defendants, seized assets, warrants, press releases and publicity, expenditures, actual or potential informants, funding the investigation, processing defendants, and follow-up procedures.

Afterwards, the advance team will return to its base-division, where it will review the surveillance intelligence with the other team members and then collectively draft an action plan. The entire team, consisting of 10-12 Agents, will then return to the target city outfitted with the latest surveillance and raid-planning equipment. At that point, in cooperation with local agencies, the team will raid the targeted gang-havens and make arrests.

Following a MET-assisted operation, DEA officials will meet with representatives of the requesting agency to evaluate the long-term success of the operation. Measures of effectiveness of the operation include: visible drug sales and use reduction, the stability of the target area, community reaction and involvement, resource development, resource implementation, media coverage, and a comprehensive assessment by the requesting agency.

Significantly, the DEA will not involve itself in any way with the press, neither making press releases nor issuing public announcements regarding these operations. All media relations and press announcements concerning the progress and outcome of the investigations will reside solely with the requesting agency.

Division of Responsibilities

Identifying the targets and goals of the MET operation will be the responsibility of the requesting agency;

Methods of investigation and surveillance will be the responsibility of DEA-MET personnel;

Media events and press releases will be at the discretion and sole responsibility of the local law enforcement executive, not the DEA; and

Upon completion of its assignment, the MET will then turn over all cases to the requesting agency for further development.

Structure, Staffing, Training

DEA allocated $3 million in FY-95 to train, equip, and support 19 Mobile Enforcement Teams based in as many DEA offices across the country. Approximately 200 DEA Special Agents are assigned to the MET Initiative.

In 1973, President Richard Nixon's Reorganization Plan Number Two proposed the creation of a single federal agency to enforce federal drug laws and Congress accepted the proposal, as they were concerned with the growing availability of drugs.[1] As a result, on July 1, 1973, the Bureau of Narcotics and Dangerous Drugs (BNDD) and the Office of Drug Abuse Law Enforcement (ODALE) merged together to create the DEA.[2]

In 1999, the DEA opened the Drug Enforcement Administration Museum in Arlington, Virginia. In February 2003, the DEA established a Digital Evidence Laboratory within its Office of Forensic Sciences.[3]

The DEA is headed by an Administrator of Drug Enforcement appointed by the President of the United States and confirmed by the US Senate. The Administrator reports to the Attorney General through the Deputy Attorney General.[4] The Administrator is assisted by a Deputy Administrator, the Chief of Operations, the Chief Inspector, Assistant Administrators for the Operations Support Division, Intelligence Division, and Human Resources Division. Other senior staff include the Chief Financial Officer and the Chief Counsel. The Administrator and Deputy Administrator are the only Presidentially-appointed personnel in the DEA; all other DEA officials are career government employees. DEA's headquarters is located in Arlington, Virginia across from the Pentagon. It maintains its own DEA Academy located on the United States Marine Corps base at Quantico, Virginia along with the FBI Academy. It maintains 21 domestic field divisions with 237 field offices and 80 foreign offices in 58 countries. With a budget over 42.0 billion dollars it employs over 10,800 people to include over 5,500 Special Agents.

Job applicants who have a history of hard drug use are excluded from consideration. Investigation usually includes a polygraph test for special agent, diversion investigator, and intelligence research specialist positions.

Applicants who are found, through investigation or personal admission, to have experimented with or used narcotics or dangerous drugs, except those medically prescribed, will not be considered for employment with the Drug Enforcement Administration (DEA). Exceptions to this policy may be made for applicants who admit to limited youthful and experimental use of marijuana. Such applicants may be considered for employment if there is no evidence of regular, confirmed usage and the full-field background investigation and results of the other steps in the process are otherwise favorable.[5]

The DEA's relatively firm stance on this issue is in contrast to that of the Federal Bureau of Investigation, which is considering relaxing its hiring policy on drug use.

Main article: Illegal drug trade

In 2005, the DEA seized a reported $1.4 billion in drug trade related assets and $420 million worth of drugs.[6] However, according to the White House's Office of Drug Control Policy, the total value of all of the drugs sold in the US is as much as $64 billion a year[7], making the DEA's efforts to intercept the flow of drugs into and within the US less than 1% effective. Defenders of the agency's performance record argue that the DEA has had a positive effect beyond their relatively small annual seizures by placing pressure on traffickers, raising prices for consumers which, it is hoped, may reduce the affordability of drugs. Why Critics of this theory (including the Nobel Prize winning economist Milton Friedman) point out that demand for illegal drugs shows little price sensitivity; the people who are buying drugs will continue to buy them with little regard to price, often turning to crime to support expensive drug habits when the drug prices rise. One recent study published in the The Atlantic lending credence to the criticism shows that in every major US city, from New York to Los Angeles, the price of street cocaine has dropped.

Supporters of drug law enforcement, however, argue that if no efforts were done to stem the flow of illegal narcotics into the country the number of drug users would be out of control causing many more problems in addition to rampant crime. A historical example of this are the Opium Wars fought between China and the West. There is no benefit to the country in increased illegal narcotics trade, whereas there are many serious detriments in not reducing it. It would not be realistic to stop the drug trade 100%, but implementing stronger enforcement does make it more difficult for illegal narcotics to penetrate into the country thereby also reducing both potential sellers and users who would not appear in any estimates. However effective this may be, the fact cannot be ignored that the DEA is only 1% effective in seizing drugs smuggled into the U.S.

Others advocate legalization of certain controlled substances, pointing out that it will reduce illegal trade & associated crime and yield a valuable tax-source. Experience with drug legalization raises some doubt about this belief. For example, marijuana is now available as a palliative agent, in Canada, with a medical prescription. Yet 86% of Canadians with HIV/AIDS, eligible for a prescription, continue to obtain marijuana illegally (AIDS Care. 2007 Apr;19(4):500-6.) However, this could be due to the availability of illegal cannabis compared to the procedural hoops a patient has to jump through when receiving it from the government. If dispensaries were set up in convenient locations, then the illegal purchases may very well drop.

The DEA has a registration system in place which authorizes medical professionals, researchers and manufacturers access to "Schedule I" drugs. Authorized registrants receive a "DEA number" that is to be solely used for tracking controlled substances. The DEA number, however, is often used by the industry as a general "prescriber" number as a unique identifier for anyone who can prescribe medication.

Many problems associated with drug abuse are the result of legitimately-manufactured controlled substances being diverted from their lawful purpose into the illicit drug traffic. Many of the narcotics, depressants and stimulants manufactured for legitimate medical use are subject to abuse, and have therefore been brought under legal control. The goal of controls is to ensure that these "controlled substances" are readily available for medical use, while preventing their distribution for illicit sale and abuse.

Under federal law, all businesses which manufacture or distribute controlled drugs, all health professionals entitled to dispense, administer or prescribe them, and all pharmacies entitled to fill prescriptions must register with the DEA. Registrants must comply with a series of regulatory requirements relating to drug security, records accountability, and adherence to standards.

All of these investigations are conducted by Diversion Investigators.

The DEA has been criticized for placing highly restrictive schedules on a few narcotics which researchers in the fields of pharmacology and medicine regard as having medical uses. Critics of varying political and personal agendas assert that some such decisions are motivated primarily by political factors stemming from the US government's War on Drugs, and that many benefits of such substances remain unrecognized due to the difficulty of conducting scientific research.

The DEA is also criticized for allegedly focusing only on the operations from which it can seize the most money[citation needed], namely the organized cross-border trafficking of heroin and cocaine. Some individuals contemplating the nature of the DEA's charter advise that, based on order of popularity or numbers of persons addicted, the DEA should be most focused on marijuana or, based on order of danger, the DEA should be most focused on locally freebased "crack". Others suggest that, based on opiate popularity, the DEA should focus much more on prescription opiates used recreationally, which critics contend is far more widespread than heroin use. Some scheduled substances are extremely rare, with no clear reason behind the scheduling of 4-Methyl-aminorex or bufotenine.

Others, such as the Cato Institute[8] and the Drug Policy Alliance[9] criticize the very existence of the DEA and the War on Drugs as inimical to the concept of civil liberties by arguing that anybody should be free to put any substance they choose into their own bodies for any reason, particularly when legal drugs such as alcohol, tobacco and prescription drugs are also open to abuse, and that any harm caused by a drug user or addict is covered under existing law, just as it is for a non-user. Recurrently, billions are spent yearly, focusing largely on criminal law and demand reduction campaigns, which has only resulted in millions of US citizens imprisoned. Demand for recreational drugs is somewhat static as the market for most illegal drugs has been saturated, forcing the cartels to expand their market to Europe and other areas than the United States. The DEA currently spends $4 billion a year on arresting and prosecuting marijuana related crimes (which is particularly amazing considering that DEA's yearly total budget for all operations is only 2.5 billion dollars a year according to the Office of Congressional Affairs).[10] United States federal law currently registers cannabis as a Schedule I drug Yet it is common for illicit drugs to be widely available in most urban, suburban, and even rural areas in the United States, which leads drug legalization proponents to claim that drug laws, like most other laws, have little effect on those who choose not to obey them, and that the resources spent enforcing drug laws, as well as many other laws, are wasted. As it relates to the DEA specifically, the vast majority of individual arrests stemming from illegal drug possession and distribution are narrow and more local in scope and are made by local law enforcement officers, while the DEA tends to focus on larger, interstate and international distribution networks and the higher ranking members of such organizations in addition to operating in conjunction with other local, state, and federal law enforcement agencies along US borders[citation needed].

DEA was accused in 2005 by the Venezuelan government of collaborating with drug traffickers, after which Hugo Chávez decided to cut off any collaboration with the agency. In 2007, after the State Department criticized Venezuela in its annual report on drug trafficking, the Venezuelan Minister of Justice reiterated the accusations: "A large quantity of drug shipments left the country through that organization,...[]..We were in the presence of a new drug cartel."[11]

In the Netherlands both the Dutch government and the DEA have been criticized for violations of Dutch sovereignty in drug investigations. According to Peter R. de Vries, a Dutch journalist present at the 2005 trial of Henk Orlando Rommy, the DEA has admitted to activities on Dutch soil. Earlier, then minister of justice Piet Hein Donner, had denied to the Dutch parliament that he had given permission to the DEA for any such activities, which would have been a requirement by Dutch law in order to allow foreign agents to act within the territory [12].

  1. ^ History of the DEA: 1970 - 1975. www.deamuseum.org. Retrieved on 2007-04-30.
  2. ^ Marijuana Timeline. Public Broadcasting Service. Retrieved on 2007-04-23.
  3. ^ 1999-2003. DEA. Retrieved on 2007-06-03.
  4. ^ Title 28, C.F.R., Part 0.102. Department of Justice. Retrieved on 2007-04-28.
  5. ^ Drug Questionnaire. U.S. Drug Enforcement Administration. Retrieved on 2007-04-28.
  6. ^ Drug Enforcement Administration Highlights Year’s Accomplishments. dea.gov (December 28, 2005). Retrieved on 2007-04-28.
  7. ^ What America's Users Spend on Illegal Drugs 1988–1998. Office of National Drug Control Policy (December 2000). Retrieved on 2007-04-28.
  8. ^ The war on drugs. Cato Handbook on Policy (August 12, 2004). Retrieved on 2007-05-03.
  9. ^ Mission and Vision. Drug Policy Alliances. Retrieved on 2007-05-03.
  10. ^ Greenberg, Gary. "Respectable Reefer", Mother Jones, 2005-11-01. Retrieved on 2007-04-03. 
  11. ^ Christopher Toothaker. Venezuela rejects U.S. drug report, accuses DEA of collaborating with traffickers. New County Times. Retrieved on 2007-03-02.
  12. ^ DOSSIER: 'DE ZWARTE COBRA'. (Dutch)Peter R de Vries, misdaadverslaggever (October 2, 2005). Retrieved on 2007-05-12.

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