Enforcement

ENFORCEMENT

This page is to inform readers about the war on drugs. The war on drugs does work, despite what the naysayers continually say. Below is all about the war on illegal drugs and the great job the DEA does each and every single day, 365 days a year. It is a daunting and dangerous job for the men and women who work for the DEA. I am a big supporter of the DEA. I have no ties whether by family or friends to the DEA. I simply believe in what they are doing and would never consider the legalization of drugs for any reason.

My opinions throughout the rest of my web site don't reflect those of the DEA!!! Their web site (http://www.dea.gov/) will explain what they are charged with by our government. Please go to their web site for a better understanding of what the DEA does for our country. Be informed by being educated!

Enrique S. Camarena Award Criteria

Elks Drug Awareness Program

Enrique S. “Kiki” Camarena was an 11 year veteran agent of the DEA, who was kidnapped, brutally tortured and then murdered in Mexico in 1985. Prior to serving with the DEA, Agent Camarena was a firefighter, a criminal investigator and a narcotics officer. He was a loving husband and a father of three children. His death has inspired millions of Americans to lead a drug-free life and the Elks celebrate his commitment to this effort with an annual award.

October is traditionally Red Ribbon month, a time when people wear red ribbons to commemorate Agent Camarena’s ultimate sacrifice. The millions of Americans who wear these ribbons visibly take a stand that they are opposed to illicit drug use and commemorate all of those who have been tragically affected by the results of use and abuse.

Each year, the BPOE "Elks" present the Enrique S. Camarena Award to a member of law enforcement who best exemplifies the qualities and principals for which Agent Camarena gave his life. Nominees should be involved in their communities in efforts to make them drug-free. Nominees should have the support of their agency and respect of their community.

Nomination should be submitted to the local Elks Lodge by October 15, 2007. National selection will take place in December and the award will be presented in April 2008.

**** It you are a law enforcement officer working in Bartow County or the city of Cartersville and know of a fellow officer who would qualify for this award. You can reach me through the Cartersville Elks Lodge at 770-382-3557 or my cell phone at 678-232-8571. I will be glad to bring you an application or applications. This is a great way for the citizens of our county and city to be aware of the job you do for us. Most of the time all we here is the negative about law enforcement. This is a great way to show the positive work law enforcement does for its citizens. ****

I wanted to also add this tribute from the DEA web site. There are 75 brave men and women on the “Wall of Honor”. I have the movie called “Drug Wars” that tells the story of Special Agent Camerena's life as a DEA agent and his subsequent death. It is worth renting or buying. Its an eye opener to what agents of the DEA and their families risk and sacrifice in their day to day lives.

Enrique S. Camarena

July 26, 1947 to March 5, 1985

Special Agent Enrique S. Camarena, of the Drug Enforcement Administration's Guadalajara, Mexico, Resident Office, was kidnapped and tortured by Mexican drug traffickers on February 7, 1985. It is believed that Special Agent Camerena's death actually occurred on February 9. His body was discovered on March 5, 1985. He was 37 years of age at the time of his death.

Special Agent Camarena joined DEA in June 1974 as an Agent with the Calexico, California District Office. He was assigned to the Fresno District Office in September 1977, and transferred to the Guadalajara Resident Office in July 1981. During his 11 years with DEA, he received two Sustained Superior Performance Awards, a Special Achievement Award and, posthumously, the Administrator's Award of Honor, the highest award granted by DEA.

On the afternoon of his disappearance, Special Agent Camarena was en route to meet his wife for lunch. He was abducted by five assailants as he left the U.S. Consulate, one of whom identified himself as a Mexican law enforcement official. Special Agent Camarena was never seen alive again, and is believed to have been extensively tortured for two days before he died from a crushed skull. Major organized crime figures from Mexico, including Rafael Caro Quintero, Rueben Zuno Arce, Miguel Felix Gallardo, Humberto Alvarez Machain, Mario Verdugo and Ernesto Fonseca Carrillo were arrested for Enrique Camarena's torture and murder. This event had triggered Operation Leyenda, the largest homicide investigation that DEA had ever undertaken.

Prior to joining DEA, Special Agent Camarena served two years in the U.S. Marine Corps. He worked in Calexico as a fireman and then as a police investigator, and was a narcotics investigator for the Imperial County Sheriff Coroner. Special Agent Camarena was survived by his wife, Geneva and three children, Enrique, Daniel and Erik.

Special Agent Camarena's death inspired millions of people around the world to lead drug-free lives. Each October, thousands of schools, communities and state and local drug abuse prevention organizations distribute red ribbons to honor Special Agent Camarena's memory. The millions of Americans who wear these ribbons demonstrate visibly their commitment to this cause. DEA's Miami Division hosts a golf tournament each year in memory of Special Agent Camarena. Proceeds from the tournament benefit the DEA Survivors Benefit Fund.

Reasons to Create the DEA:

According to the final report from the Senate Committee on Government Operations issued on October 16, 1973, the benefits anticipated from the creation of the DEA included:

1. Putting an end to the interagency rivalries that have undermined federal drug law enforcement, especially the rivalry between the BNDD and the U.S. Customs Service;

2. Giving the FBI its first significant role in drug enforcement by requiring that the DEA draw on the FBI's expertise in combatting organized crime's role in the trafficking of illicit drugs;

3. Providing a focal point for coordinating federal drug enforcement efforts with those of state and local authorities, as well as with foreign police forces;

4. Placing a single Administrator in charge of federal drug law enforcement in order to make the new DEA more accountable than its component parts had ever been, thereby safeguarding against corruption and enforcement abuses;

5. Consolidating drug enforcement operations in the DEA and establishing the Narcotics Division in Justice to maximize coordination between federal investigation and prosecution efforts and eliminate rivalries within each sphere; and

6. Establishing the DEA as a super agency to provide the momentum needed to coordinate all federal efforts related to drug enforcement outside the Justice Department, especially the gathering of intelligence on international narcotics smuggling.

Cocaine confiscated and destroyed!!!!!

This is about one of the many drug seizures the DEA made this past year. I think this shows the DEA is winning the war on drugs. Just like the war on terror the drug war has been a long and dangerous war. Many DEA agents have died, but not in vain. (Remember the Kiki Camarena. There was a movie made about him called Drug Wars. Its a very sobering look at what its like to be a DEA agent. On February 7, 1985 Kiki was abducted by Mexican drug traffickers, brutally tortured and then killed.) The sad part about Kiki death was that our government was willing to turn its back on him. All in the name of Free Trade. Selling out the working men and women wasn't enough for the politicians in our country. The DEA took care of its own and found Kiki and returned his body to his family for an honorable burial.

The article and pictures below come from the DEA web site (http://www.dea.gov/). As parents and concerned citizens you should take the time to read the information on the DEA web site. Remember the saying "An ounce of prevention". Talk with you kids, it one of your biggest obligations to your kids and most importantly you do love your kids. Utilize the DARE program in your school system. Drug awareness works, so support you local law enforcement.

Three Islands, $70 Million in Assets Seized in DEA Drug Bust!

‘Operation Twin Oceans’ nets Most-Wanted Kingpin and 52 Tons of Cocaine. Brazil, Colombia, Panama & U.S. Involved in Arrests. These islands, owned by the Rayo-Montano organization, and located off the coast of Panama were seized by the Panama Authorities with the assistance of the DEA.

(WASHINGTON, D.C.) – The Drug Enforcement Administration (DEA) today announced the results of Operation Twin Oceans, a multi-jurisdictional investigation that targeted the Pablo RAYO-Montano drug trafficking organization (DTO), a cocaine ring responsible for smuggling more than 15 tons of cocaine per month from Colombia to the streets of the United States and Europe. An international coalition spearheaded by the Brazilian Federal Police, Panamanian Judicial Police, Colombian National Police, and DEA was responsible for dismantling this international drug cartel. This 3-year long investigation has resulted in over 100 arrests and the seizure of 47,555 kilograms of cocaine or the equivalent of 52 tons of cocaine, and nearly $70 million in assets.

As part of Operation Twin Oceans, three islands off the coast of Panama, personally owned by the RAYO-Montano organization, were seized. Additional seizures included assets such as yachts, fishing trawlers, art galleries, the largest fishing and boating store in Panama, and other commercial properties and businesses owned by the RAYO-Montano Organization.

Submersible used by the Rayo-Montano organization.

"The Rayo-Montano organization had its own private, rogue navy to run a drug business that was nearly as sophisticated as a small nation," said DEA Administrator Karen P. Tandy. "As well-equipped and complex as this enterprise was, it was a matter of time before law enforcement caught on, and now Rayo-Montano’s decadent, drug-funded lifestyle has caught up with him. This morning, his real estate holdings went from three islands to one jail cell."

"Don Pablo" RAYO-Montano was the commander and controller of a 21st Century criminal organization whose Information Technology-literate managers used highly sophisticated methods to coordinate the movement of cocaine north and illegal drug proceeds south. In addition, the organization has been associated with Colombian narco-terrorist organizations such as the Autodefensas Unidas de Colombia (AUC), the Fuerzas Armadas Revolucionarias de Colombia (FARC) and the Norte del Valle Cartel.

U.S. Coast Guard intercepts a go-fast boat which had 744 kilos of cocaine on it.

RAYO-Montano was designated as a Consolidated Priority Organization Target (CPOT) in October 2005. He was arrested by the Sensitive Investigations Unit (SIU) of the Brazilian Federal Police in Sao Paulo, Brazil, at his residence early Tuesday morning. The CPOT program is the cornerstone of the U.S. Department of Justice’s drug enforcement priority targeting strategy. In March 2002, the Office of the Attorney General announced a comprehensive six-part drug enforcement strategy designed to identify and target the world’s most significant drug supply organizations and their related components. The central element of the strategy was the development of the CPOT List, a rogue’s gallery of international kingpins who were responsible for the "command and control" of the most sophisticated and far reaching drug trafficking and money laundering organizations. RAYO-Montano is the 42nd arrest of a CPOT since the inception of the program.

"Operation Twin Oceans sends a strong message from the U.S. Department of Justice to narcotics traffickers: we will seize your ill-gotten property, and we will take away the rewards of your violent trade," said Assistant Attorney General Alice S. Fisher of the Department of Justice Criminal Division.

Seized Sailboat

Operation Twin Oceans revealed a far-reaching cocaine trafficking and money laundering organization based out of Colombia that used a vast array of vessels to smuggle multi-ton loads of cocaine to the United States and Europe. RAYO-Montano started as a simple drug transporter in Buenaventura, Colombia almost two decades ago and evolved into the head of a world-wide criminal cartel. RAYO-Montano masterminded a comprehensive infrastructure that included all aspects of the cocaine trafficking hierarchy, to include production, international transportation/smuggling, wholesale distribution and money laundering. Maritime transshipment originated on both the west and northern coasts of Colombia and utilized fast boats, fishing boats, submersibles, and containerized cargo vessels, hence, the operational name "Twin Oceans."

As a result of outstanding international cooperation, Operation Twin Oceans was able to identify, target and dismantle all levels of criminal activity, from the Colombian source of supply to wholesale distributors in our local communities. Throughout the early morning hours of May 16, 2006, members of the RAYO-Montano organization were awakened with the execution of arrest and search warrants by international, federal, state and local law enforcement officers.

Indictments were returned in Operation Twin Oceans by grand juries supervised by the United States Attorney’s Office in the Southern District of Florida and the U.S. Department of Justice, Criminal Division, Narcotic and Dangerous Drug Section in Washington D.C. The charges include money laundering, and conspiracy and possession with intent to distribute cocaine. If convicted, the defendants prosecuted in this investigation will face sentences ranging from a mandatory minimum of 10 years up to life imprisonment.

The law enforcement team in Operation Twin Oceans included an international coalition of investigative agencies spearheaded by DEA offices located in Miami, FL, Tampa, FL, New York, NY, Chicago, IL, Los Angeles, CA, Indianapolis, IN, Cartagena and Bogota, Colombia, Sao Paulo, Brazil, San Jose, Costa Rica, Buenos Aires, Argentina, Guayaquil, Ecuador, Mexico City, Mexico, Panama City, Panama, Caracas, Venezuela, and Madrid, Spain. Critical to the successful conclusion of the operation were the efforts of the Sensitive Investigations Unit (SIU) in Sao Paulo, Brazil, Colombian National Police Antinarcotics Judicial Unit in Cartagena, Colombia, the U.S. Department of Justice, Criminal Division, Narcotic and Dangerous Drug Section (NDDS) and Office of International Affairs (OIA), and our international law enforcement partners located in the countries of Argentina, Costa Rica, Ecuador, Mexico, Spain, the United Kingdom and Venezuela. Strategic intelligence and operational support was provided by the DEA Special Operations Division based in Washington, D.C., the National Drug Intelligence Center in Johnstown, Pennsylvania, and the U.S. Coast Guard and U.S. Navy.

DEA Kick's Butt!!!!!!!

Saving Kids from Dangerous Drugs Act

This bill was signed into law because drug dealers started taking crystal meth and making it taste like candy. There is a type of crystal meth going around that looks like strawberry pop rocks. It smells like strawberry also and it is being handed out to kids in school yards. I'm sure it will make its way around the country if it hasn't already. Kids are ingesting this thinking that it is candy and being rushed off to the E.R. in dire condition.

The Drug Enforcement Administration and the White House’s Office of National Drug Control Policy have issued warnings on the trend of flavored methamphetamine. In San Francisco, police report that since late January they have been arresting teens in possession of meth designed to taste like chocolate.

Currently, federal law enhances the criminal penalties that apply when a person sells drugs to anyone under age 21. When this occurs, the federal penalties are doubled (or tripled for a repeat offense), and a penalty of at least one year must be applied. But this enhancement only applies if actual “distribution” to a minor is proven.

The Saving Kids from Dangerous Drugs Act would apply the current penalty enhancement to anyone who “manufactures, creates, distributes, or possesses with intent to distribute a controlled substance that is flavored, colored, packaged or otherwise altered in a way that is designed to make it more appealing to a person under 21 years of age, or who attempts or conspires to do so.”

Drug Endangered Children Act of 2007

The Drug Endangered Children Act of 2007 would extend a grant program authorized in the USA PATRIOT Reauthorization Act, by reauthorizing it at the same $20 million level previously approved by Congress, for an additional two years (FY2008/2009). These grants assist in the treatment of children who have been endangered by living at a home where methamphetamine has been manufactured or distributed, by allowing States to develop Drug Endangered Children programs, and interagency protocols, to coordinate the efforts of law enforcement, medical services, and child welfare workers, to ensure that children found in these environments receive appropriate attention and care.

DEA expands near the border:

The U.S. Drug Enforcement Administration is tripling the size of its Rio Grande Valley headquarters in McAllen, giving agents space to keep up with an increasing workload along the Texas-Mexico border.

DEA officials plan to move into the new facility on Laurel Avenue near Jackson Road in McAllen sometime this summer, said Will Glaspy, head of the DEA’s Rio Grande Valley district, which extends from Starr County to Corpus Christi.

The building will serve as the agency’s district headquarters. There are also offices in Brownsville and Corpus Christi.

“The facility that we are in, we’ve been here since 1993,” Glaspy said. “We’ve outgrown it and we’re in need of a state-of-the-art facility that will give us the space we need.”

For the previous 15 years, the agency has used a federal building on Austin Avenue, near McAllen’s downtown district. The new building is located just blocks from the FBI’s McAllen office, which was finished in 2002.

There are no immediate plans to increase the number of agents in the McAllen district, Glaspy said. Authorization for an increase would need to come from DEA headquarters in Washington, D.C., and would require approval from the U.S. Department of Justice and the White House, he said.

“There are no immediate plans for an increase,” Glaspy said. “But we couldn’t even have those discussions before we got this building. I’m hopeful it will allow us the opportunity.”

Eventually, the DEA could triple its Valley presence. Glaspy wouldn’t disclose how many agents are currently employed in McAllen.

In all, the four-story building will have about 54,300 square feet of office space and a two-level underground parking garage with capacity for 146 vehicles. There will also be a 14,000-square-foot warehouse.

Virginia-based Harwood and Associates is building the facility; Harwood is then leasing the space to the DEA.

Unoccupied sections of the building will likely be used by other government agencies, Glaspy said, such as the Texas Department of Public Safety’s local narcotics unit.

The link below is to the web site "Snopes.com". The article on the web site shows what drug traffickers in Europe have come up with a way to transport drugs across the water ways of the world. The rubberized boat has 8 - 250Hp outboard engines. One thing is for sure, the drug traffickers are constantly coming up with innovated ways to transport their illegal drugs.

http://www.snopes.com/photos/boats/drugrunner.asp

U.S. Military Officer Gets 17 Years for Smuggling Drugs on Air Force Aircraft

Master Sergeant John Fong of the United States Air National Guard was sentenced on August 31, 2007, to 210 months in prison on federal narcotics charges stemming from his smuggling of Ecstasy onboard a U.S. Air Force plane. The investigation uncovered that Fong and a co-defendant flew from Germany to Stewart Air National Guard Base in Newburgh, New York, aboard a United States Air Force C-5A "Galaxy" cargo aircraft on which they had hidden more than 200,000 Ecstasy pills.

Prescription Drug Scam Leads to 15 Arrests in Puerto Rico

15 individuals, including a doctor and several pharmacists, were arrested in San Juan, Puerto Rico on September 6th and charged with conspiracy to possess with intent to distribute and dispense controlled substances. The object of the conspiracy was to write multiple prescriptions for controlled substances under different names then fill these prescriptions at three particular pharmacies throughout Puerto Rico. The indictment alleges that the principal defendant, Dr. Jose Victor Vazquez-Senti, wrote 26,904 or more prescriptions for Oxycodone and approximately 26,000 prescriptions for Alprazolam in less than 36 months. If convicted, the defendants face over 20 years in prison and fines well into the millions of dollars.

DEA Report: Cocaine, Meth Availability Down and Prices Up

Reporting from multiple statistical gathering sources suggest that since March 2007, cocaine availability in the United States has fallen significantly. Analysis of cocaine purchases submitted for forensic examination corroborate this decline in availability as indicated by an increase in the price per pure gram since December 2006 and a corresponding decrease in average purity. Likewise, research shows that the availability of methamphetamine has also declined while the price of the drug has increased by 37% in the first six months of 2007.

A Summer of Sequels: Second Phase of Operation Imperial Emperor Nets 59 Arrests

Operation Imperial Emperor, Phase II, culminated on August 23 with the arrests of 59 individuals and the seizure of $5.1 million, 664 pounds of cocaine, 142 pounds of methamphetamine, 434 pounds of marijuana, and a variety of weapons from a Mexican-based poly-drug trafficking/money laundering organization with cells located throughout Southern California. Over 200 federal, state, and local law enforcement officers took part in the raids throughout the Los Angeles, Riverside, and San Bernardino counties. The estimated value of the drugs seized is in excess of $30 million. Imperial Emperor, Phase II comes on the heels of Phase I, which occurred in February 2007. More than 400 individuals were arrested in California, New York, Illinois, and Arizona during the initial phase.

DEA-Led Operation Puma Cages Southwest Border Drug Ring

Operation Puma, a multi-jurisdictional investigation that targeted an international drug trafficking and money laundering organization resulted in the arrest of 30 individuals in several different Texas counties. The organization was responsible for smuggling over 2,450 kilograms of cocaine and over 33 metric tons of marijuana across the U.S. - Mexico border. Included in the list of defendants charged for their alleged role in the drug trafficking enterprise investigated in Operation Puma is Sergio Maldonado of McKinney, Texas, who was the leader of a Gulf Cartel cell, based in North Texas. DEA teamed up with international, federal, state, and local law enforcement agencies to dismantle the organization, which had distribution cells along the Southwest Border and cities throughout the United States.

High-Ranking Female Member of Colombian FARC Narco-Terrorist Organization among 3 Convicted on U.S. Drug Charges

FEB 20 (WASHINGTON DC) A high-ranking female member of the designated foreign terrorist organization Fuerzas Armadas Revolucionarias de Colombia (FARC) has been convicted with two others in U.S. District Court for the District of Columbia on drug charges, Deputy Attorney General Paul J. McNulty announced today.

The jury in Washington, D.C., deliberated four days before returning the guilty verdicts earlier today. Nayibe Rojas Valderama, a/k/a “Sonia,” was convicted, along with co-defendants Jose Antonio Celis, a/k/a “Calvo,” and Juan Diego Giraldo, a/k/a “Flaco,” of narcotics trafficking. They had been indicted for conspiring to import five kilograms or more of cocaine into the United States and conspiring to manufacture and distribute five kilograms or more of cocaine intending and knowing that the cocaine would be unlawfully imported into the United States. The U.S. government is seeking the forfeiture of all assets derived from the alleged violations.

Rojas Valderama was the finance officer of the 14th Front of the FARC, and is the highest-ranking FARC member to be convicted in the United States. She was extradited from Colombia to the United States in March 2005 to stand trial on the U.S. charges. At sentencing, the defendants face a mandatory minimum of ten years in prison or a term of years as determined by the court. Sentencing is scheduled for May 7, 2007 at 9:30 a.m.

“Today's convictions represent a significant victory against the FARC, one of the most dangerous narco-terrorist organizations operating in Colombia. The convictions were made possible by extraordinary cooperation from the Colombian government, our valued partner in the fight to eradicate narcotics trafficking,” said Deputy Attorney General McNulty. “This case sends a message to major overseas drug trafficking organizations: We will investigate, prosecute, and punish all those who manufacture and distribute illegal drugs for export to the United States. There is no international safe haven for illegal narcotics traffickers.”

“The FARC is a double evil – they poison the blood of our people with their drugs and spill the blood of their own with guns and machetes bought with drug profits,” said Administrator Karen Tandy of the Drug Enforcement Administration. “As a financial officer for the guerilla group, Sonia Valderama was directly responsible for converting drug money to blood money – that is, overseeing the conversion of millions of dollars of cocaine profits from cash to weapons, uniforms and ammunition to arm the most violent terrorists in this hemisphere.”

The evidence produced at trial consisted of the testimony of DEA agents, Colombian law enforcement officials and cooperating witnesses, as well as surveillance evidence of videotapes and tape-recorded conversations. The evidence showed that Rojas Valderama oversaw all aspects of the purchasing and production of cocaine in the 14th Front territory, and collected all of the proceeds from the sale of cocaine for the 14th Front. Jose Antonio Celis was a major drug trafficker who arranged for the purchase of large quantities of cocaine from Rojas Valderama and the 14th Front, and coordinated the transhipment of the cocaine from Colombia to Panama, and from Panama into the United States. Antonio Celis conspired with Rojas Valderama and Juan Diego Giraldo to purchase more than 5,000 kilograms of cocaine for shipment to the United States. Diego Giraldo introduced Calis to the 14th Front for the purpose of purchasing cocaine, worked with Rojas Valderama to purchase and transport cocaine, brought equipment for the 14th Front’s cocaine production operation, and assisted Rojas Valderama in all aspects of cocaine production and sale.

The FARC, a violent narco-terrorist guerrilla group operating in Colombia, controls large portions of Colombia and finances its violent conflict with the Colombian government by engaging in drug trafficking, augmented by other means including kidnapping and extortion. Drug trafficking is the lifeblood of the FARC because it enables the FARC to acquire weapons, ammunition and equipment necessary to carry on its violent attacks. DEA estimates that the FARC controls approximately 70 percent of the Colombian cocaine trade, and approximately 80 to 90 percent of the cocaine shipped to the United States comes from Colombia. The FARC produces and distributes thousands of kilograms per month for export to the United States and other countries.

A number of FARC members and criminal associates have been charged with terrorism and drug-related crimes in U.S. indictments. In addition to narcotics trafficking and other crimes, the indictments charge the FARC and its members with the kidnapping and murder of U.S. citizens.

Below is a speech that I thought was interesting and something we should all be aware of as concerned citizens.

Written Statement of Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control Drug Enforcement Administration, United States Department of Justice, May 16, 2007

Introduction

Chairman Leahy, Ranking Member Specter, and distinguished Members of the Judiciary Committee, on behalf of the men and women of the Drug Enforcement Administration, I want to thank you for the opportunity to discuss the problem of prescription drug abuse, and in particular, the illegal distribution of controlled substance pharmaceuticals via the Internet. Non-medical use of addictive prescription drugs has been increasing throughout the United States at alarming rates. In 2005, an estimated 6.4 million Americans age 12 and older reported past month use of prescription drugs for non-medical purposes.1 Of these, 4.7 million used pain relievers non-medically. Nationally, the misuse of prescription drugs was second only to marijuana in CY 2005.

Part of this increase in abuse is fueled by the perception among many that prescription drugs are relatively safe when compared to what some might consider more conventional “street” drugs such as heroin or cocaine. There is relatively little stigma associated with prescription drugs. Because they are manufactured for a legitimate medical purpose, many take these drugs without the anxiety of thinking they will be ostracized for their habit. Perhaps even more alarming is the false sense of security associated with the abuse of these substances. Many feel as though if a doctor can prescribe it, the drug can’t be as harmful to your health. According to the 2005 Partnership Attitude Tracking Study, 40% believe that prescription medicines are “much safer” to use than illegal drugs. Furthermore, the same study concluded that 31% believe there’s “nothing wrong” with using prescription medicines without a prescription “once in awhile.” The truth of the matter is, these controlled substances are not just highly dangerous, but they can prove lethal.

This study also found that teens believe a key reason for abusing prescription pain relievers is their widespread availability and easy access. This ease of access, which teens indicate is provided by parent's medicine cabinets, friend's prescriptions, and by the Internet, coupled with the lack of medical supervision and lack of quality control associated with illegal pharmacies, is a dangerous combination which has led to tragic consequences.

Prescription drugs can be illegally acquired through a variety of means, depending on the type of drug. While DEA and other law enforcement investigations have shown that OxyContin® and other schedule II drugs are most commonly obtained illegally through “doctor shopping” or other, more traditional methods of illegally acquiring controlled pharmaceutical substances, this has not been the case for schedule III or schedule IV substances. Schedule III and schedule IV drugs3 (e.g., anti-anxiety medications, hydrocodone combination products, and anabolic steroids), on the other hand, are increasingly accessible and often illegally purchased through the Internet. And unlike someone stealing a few pills out of the medicine cabinet from someone else’s prescription, large, high-potency sales of 100 or more pills occur hundreds of times everyday over the Internet.

The Internet as a Method of Diversion

The Internet has become one of the fastest methods used today to divert huge quantities of controlled pharmaceuticals. Certainly there are benefits to allowing individuals with a valid prescription to get their prescriptions over the Internet, ranging from simple convenience to providing individuals in remote areas or with limited mobility with access to needed medications they may not otherwise obtain. As with many other products, the Internet affords businesses access to a customer base not possible for a traditional “brick and mortar” location. The convenience appeals to consumers as well. Legitimate pharmacies operate everyday providing services over the Internet and operate well within the bounds of both the law and sound medical practice. In support of these legitimate efforts, the National Association of Boards of Pharmacy (NABP) has established a registry of pharmacies that operate online and meet certain criteria, including compliance with licensing and inspection requirements of their state and each state to which they dispense pharmaceuticals.

Unfortunately, other so-called ‘pharmacy’ sites on the Internet today illegally sell controlled substance pharmaceuticals. These rogue Internet sites are not there to benefit the public, but to generate millions in illegal sales. To the uninformed individual these sites may seem convenient, cost-effective and safe, but to the investigator and the drug seeking individual there are indicators on the rogue sites which should serve as a warning that the site is operating beyond the bounds of what’s safe and legal.

A consumer will notice a level of authorization and accountability with legitimate sites that is very rare to find with a “rogue” site. Before you even access its main page, an illicit site will draw you in by advertising powerful prescription medicines. The drugs and their cost (often designed to convey the sense that the consumer is saving money, when in actuality, they’re frequently spending far more via “rogue” sites) are the first pieces of information these sites typically publish in order to get the customer’s attention. More often than not, a “rogue” site will also validate and process prescriptions based on the completion of a cursory questionnaire. This process is designed to elicit what drug the customer wants and what the method of payment will be, rather than diagnosing a health problem and establishing a sound course of medical treatment.

In contrast, a legitimate site will never authorize a prescription based merely on this criterion. There will be an expectation in working with a legitimate on-line pharmacy that a customer will have a prescription from a doctor before visiting the site—just as a customer would when visiting a brick and mortar drug store. While DEA does not certify websites or the legitimacy of Internet pharmaceutical sales, if an Internet pharmacy follows all rules applicable to their brick and mortar counterparts (including, but not limited to, ensuring a patient’s right to privacy, authenticating and securing prescription orders, and adhering to a recognized quality assurance policy), then the Internet pharmacy is acting in compliance with existing law.

Rogue sites, on the other hand, may provide bogus pictures of individuals wearing white lab coats designed to imply a level of trustworthiness, but these sites have structured themselves to avoid accountability for the products they sell. DEA believes a majority of the rogue sites operating today are based in the United States and work in concert with unscrupulous doctors and pharmacies. The fact that all of these individuals are complicit in this operation defeats the important checks and balances that have been established in the legitimate process of supplying controlled substance prescriptions to patients in need. While DEA has had some law enforcement successes against these organizations, the criminals promoting this activity are becoming more sophisticated. Their business model takes advantage of the anonymity of the Internet, the ease with which new web sites can be created, and the trust of the American people in the safety and efficacy of pharmaceutical products.

While this business model has evolved significantly over time (and we expect it to keep doing so), there are three primary players that facilitate these web sites: the doctor, the pharmacy, and the Internet facilitator. These three players collaborate in an almost seamless fashion.

Illegal pharmaceutical sales are promoted by Internet facilitators who have no medical training and are not DEA registrants. These facilitators start by targeting doctors who may be carrying a significant debt, such as a young doctor fresh out of medical school, or those who have retired and are looking for some extra income. The facilitator convinces these doctors that it’s OK to approve the prescriptions because they will be provided with some ‘medical history’ (submitted by the “patient” through a web site). Increasingly common is for the facilitator to provide an opportunity for the doctor to have a telephone conversation with the “patient” or for the “patient” to fax or email ‘medical’ information to the doctor. The doctor then approves a prescription for a schedule III or schedule IV substance with the mistaken belief or “justification” that these substances are not as “dangerous” as those in schedule II. (Note: The criminal penalties for violations involving schedule II substances can be significantly higher than for those involving a schedule III or IV substance.) This poorly constructed veil of medical evaluation is designed to provide added justification for the requested medicine. And for every prescription the doctor authorizes, the Internet facilitator will pay the doctor ten to twenty-five dollars. Law enforcement has discovered website-affiliated doctors who authorize hundreds of prescriptions a day.

The Internet facilitators will also recruit pharmacies into their scheme. They often target small, independent pharmacies struggling to make ends meet. The Internet facilitator will tell the pharmacist that all they have to do is fill and ship these prescriptions to customers. The prescriptions have all been approved by a doctor, and they are only for schedule III or schedule IV substances. In addition to paying the pharmacy for the cost of the medicine, the Internet facilitator will also pay the pharmacy an agreed upon amount that may reach into the millions of dollars. DEA has seen pharmacies close their doors completely to walk-in customers and convert their entire business to filling these orders.

The Internet facilitator generates the web sites that draw customers into this scheme. Web sites used by Internet facilitators often mislead the public by advertising themselves as pharmacies, but they do not operate in the same manner as brick-and-mortar pharmacies. These rogue sites offer only a few pharmaceutical products for sale, and are typically limited to only controlled substance and life-style drugs. Advertising typically emphasizes the ability to acquire controlled substances without a prescription or an appropriate examination, and none include a face-to-face medical examination from a licensed physician. They provide the customer with a wide-variety of quick and easy payment methods, ranging from cash-on-delivery to credit ‘gift’ cards. Various steps of the ordering process will link and shift the buyer to different web sites, making it difficult to connect payments, products, and web providers together. Rarely is there any identifying information on the web site about where the Internet pharmacy is located or who owns or operates the web site.

Frequently, and as mentioned in previous paragraphs, these web sites offer, at best, abbreviated medical interaction. This brief interlude is not meant to elicit meaningful health information; and is generally done by way of a questionnaire filled out by the customer without meaningful interaction between the doctor and the “patient”. All too often the questionnaire is a ruse constructed in a manner solely for the purpose of identifying exactly just what type of controlled substance the customer is looking to purchase. In some cases, we have seen web site questionnaires that will not allow the customer to continue unless the ‘right’ information is entered to “justify” the drugs being requested. For example, if someone wanted a weight-loss drug, but filled out the questionnaire saying they were five feet tall and weighed ninety pounds, the questionnaire would not allow the customer to advance until the provided height and weight were more conducive to someone needing a weight-loss drug.

The Effects of Rogue Internet Pharmacies

In calendar year 2006, thirty-four known or suspected rogue Internet pharmacies dispensed 98,566,711 dosage units of hydrocodone combination-products.4 To put this in perspective, controlled substances account for 11 percent of dosages at legitimate “brick and mortar” pharmacies in the United States versus 95 percent at these rogue Internet pharmacies. These thirty-four pharmacies alone dispensed enough hydrocodone combination-products to supply over 410,000 actual patients with a one-month supply at the maximum amount recommended per prescription.

Controlled pharmaceuticals in the United States are legitimately prescribed and dispensed within a closed system of distribution. Importers and manufacturers of controlled substances as well as physicians who dispense or prescribe them and pharmacies that fill controlled substance prescriptions are all DEA registrants subject to the Controlled Substance Act and the Code of Federal Regulations. As a closed system there are built-in checks and balances. Each registrant has a corresponding liability to keep the integrity of the closed system intact. However, with rogue Internet pharmacies there is complicity amongst all of the participants, effectively eliminating all of the normal checks and balances. Even some major corporations may turn a blind eye to obvious warning signs when supplying these rogue pharmacies.

Common methods of drug diversion, by their nature, provide some constraints on the amount of controlled substances individuals can acquire over a given period of time. These methods place the “patient” at a greater risk of being caught by law enforcement because the DEA registrant is frequently not complicit in the scheme and will report the suspicious behavior.

Vigil for Lost Promise

In June of 2006, DEA hosted the Candlelight Vigil for Lost Promise, in remembrance of those who have died from drug use. Several hundred parents and family members joined together to share their tragic stories of loss in an effort to raise awareness of the dangers of substance abuse and in hope that through awareness other families could avoid the loss they have suffered.

The sheer volume of controlled substances being dispensed anonymously over the Internet contributes significantly to other downstream methods of diversion, (e.g. children and young adults getting controlled substances from the medicine cabinet or family and friends). While studies such as National Survey on Drug Use and Health indicate that only a small percentage of youth get controlled pharmaceuticals via the Internet (the majority obtaining them from family and friends), it’s important to remember that when these individuals obtain these substances they generally acquire only a few pills at a time. In contrast, individuals ordering via the Internet frequently receive 100-120 pills at a time, making it a potentially much higher-volume source than friends or the family medicine cabinet.

But the consequences to those individuals who seek controlled prescription drugs illegally over the Internet can be just as dangerous and deadly as the consequences of those abusing more traditional substances, such as cocaine or heroin. Many parents of young people who died from the misuse of prescription drugs have told us that they were unaware of the source of the pills which killed their sons and daughters. However, in some cases, parents such as Francine Haight and others discovered that their children were using the Internet as the source for pharmaceuticals.

Linda Surks, mother of Jason Surks, testified before Congress last year about the tragedy which befell her family when they discovered that Jason had overdosed on prescription drugs at the age of 19. A pre-pharmacy major as an undergraduate, he had an academic curiosity about prescription drug formulas and combinations.

What they didn’t know was that Jason had been drawn in by the Internet facilitators who made it far too easy to order dangerous controlled substance pharmaceuticals from illicit online sites. A search of his computer after he died revealed that he had visited multiple Internet pharmacies. One in particular had automatically renewed his order regardless of whether or not Jason had actually placed it himself, even after he died. The drugs just kept coming.

Enforcement Challenges

As this threat has grown, DEA has also increased its effort to go after these cyber drug dealers. There no longer needs to be a direct interaction between these modern criminals and the drug seeker, they have the ability to reach directly into every computer on the Internet. Whether temptation in the form of a cleverly worded “spam” email or someone actively seeking to acquire narcotics without seeing a doctor, the Internet has created a whole new delivery and sales system for drug traffickers.

While Internet investigations do offer the advantage of having an extensive paper trail, the amount of information generated by one web transaction is so voluminous it becomes difficult to separate the important investigative information from the routine. The methods and structures of these online organizations continue to evolve, and we are watching some organizations adjust and shift operating methods in response to law enforcement initiatives.

In short, the Internet has provided drug trafficking organizations with the perfect medium. It connects individuals from anywhere in the globe at any time; it provides anonymity, and it can be deployed from almost anywhere with very little formal training. All of these features allow for a more rapid means of diverting larger and larger quantities of controlled substances. The proliferation of rogue Internet pharmacies has also brought new legal challenges

DEA’s Response

Operation Cyber Chase

In 2005, the dismantlement of the Brij Bansal Internet trafficking organization resulted in the arrest of over 20 individuals distributing drugs worldwide via Internet pharmacies. Arrests were made in the U.S., India, Costa Rica, Austria, and Hungary. Despite these challenges, DEA has been successfully using the tools that we have to counter this growing threat. We are using all current regulatory tools possible to identify and shut down those that choose to operate outside of the Controlled Substance Act. DEA is using the Automation of Reports and Consolidated Orders System (ARCOS) to identify high or excessive volume purchases and determine which retail pharmacies and practitioners are likely to be involved in the illicit distribution of controlled substances via the Internet. Typically, a traditional independent brick and mortar pharmacy will sell about 180 prescriptions per day. Of these sales, only 11 percent will involve controlled substances. Conversely, the typical ‘cyber’ pharmacy will sell around 450 prescriptions each day—425 of these, or 95 percent, will involve controlled substances.

Both manufacturers and distributors are only required to provide information electronically to the ARCOS data base about any sale of narcotic substances. Although this data is limited to narcotics, DEA is able to develop leads and augment investigations from this information.

In addition to trying to identify the retail pharmacies that are involved in the illegal sale of controlled substances over the Internet, DEA has also begun educating and, when appropriate, taking legal action against, the distributors who are providing these pharmacies with the huge

Operation Click4Drugs

In 2006, the dismantlement of this drug trafficking organization that used over 300 websites (one pharmacy filled over 2000 Internet prescriptions per day) and passed $25 million through six bank accounts per month, resulted in 27 arrests and the seizure of $17 million in assets (including currency) quantities of pharmaceuticals being sold. In 2006, DEA began an Internet Distributor Initiative designed to focus on the more than 800 DEA registered distributors of controlled substances. DEA has focused on these distributors because, for any transaction involving controlled substances, whether from the manufacturer to the distributor, from the distributor to the pharmacy, or from the pharmacist to the patient, the seller has a legal obligation to ensure the substances transferred are not destined for diversion. In other words, the seller may not facilitate, or otherwise contribute to, the diversion of the substances sold. DEA’s educational presentation to these distributors provides wholesalers some examples of domestic Internet pharmacies, their purchase patterns, and methods of operation. The presentation is designed to emphasize to wholesalers their obligation not to sell where diversion appears to be occurring or face the loss of their DEA registration or judicial sanctions. While these educational efforts were successful in some situations, DEA has had to initiate appropriate administrative, civil, or criminal sanctions against some distributors.

Operation CybeRX

The Johar Saran drug trafficking organization was responsible for the illegal distribution of approximately 3.5 million dosage units of Schedule III-IV controlled substances per month which resulted in a gross income of approximately 2.7 million in that same period. Saran and his associated were indicted on over 200 counts. Seizures included approximately $17 million in cash, bank accounts, and property. In addition to working with DEA registrants, DEA has also developed a productive relationship with other businesses that are affected or inadvertently used to facilitate these Internet pharmacies. Since 2003, DEA has been working with Internet-related businesses regarding the diversion of controlled pharmaceuticals. DEA’s Internet Industry Initiative was established to exploit the weaknesses inherent to the schemes used by Internet traffickers who rely extensively on the commercial services of three principal legitimate business sectors: Internet service providers7; express package delivery companies; and financial services companies, including major credit card companies and third party payment service providers. And in 2004, DEA became part of a federal interagency task force (with FDA, FBI, CBP, ICE) established to combat the increasing diversion of pharmaceuticals over the Internet.

In FY 2004, DEA established a specialized section within its Special Operations Division

(SOD) to coordinate multi-jurisdictional Title III investigations involving the diversion of pharmaceuticals and chemicals over the Internet. During FY 2006, SOD has coordinated over 90 Internet investigations, resulting in the arrest of approximately 64 individuals and the seizure of approximately 14 million dosage units of controlled substances and approximately $30.9 million in U.S. currency. In FY 2006, 14.7 percent of Diversion Control Program case work hours were dedicated to diversion cases involving the Internet. This was an increase of approximately 27 percent from FY 2005 when Internet cases represented 11.3 percent of the investigative work hours and an increase of 50 percent from FY 2004 when 8.8 percent of investigative work hours were for Internet cases.

Conclusion

Drug traffickers continue to exploit the Internet and threaten the health and safety of Americans. Nevertheless, the DEA has refined its methods by which we identify, pursue, and ultimately dismantle these groups and we remain committed to bringing to bear all of the resources at our disposal to fight this growing problem while simultaneously ensuring an uninterrupted supply of controlled pharmaceuticals for legitimate demands. DEA’s core mission of disrupting and dismantling drug trafficking organizations, including those who seek to illegally distribute licit drugs, is an integral component to the 2006 Synthetic Drug Control Strategy and we will continue to implement this aspect of the Strategy with our inter-agency partners to combat controlled substance pharmaceutical diversion.

The DEA takes down a couple of the big time drug traffickers in Mexico.

APR 27 -- Federal law enforcement officials today announced that Ismael Higuera-Guerrero and his brother, Gilberto Higuera-Guerrero have pled guilty in federal court in San Diego to federal racketeering charges arising from their participation in the Arellano-Felix Drug Trafficking Organization (AFO). According to court documents unsealed today, Ismael Higuera-Guerrero entered his plea in a sealed court proceeding on March 16, 2007, before United States District Judge Larry A. Burns. Gilberto Higuera-Guerrero’s plea was entered in an open court hearing earlier today before Judge Burns.

“The Higuera-Guerrero brothers were leaders in what was once the towering Arellano Felix drug cartel that laid claim to and terrorized the Tijuana corridor leading into the United States,” said DEA Administrator Karen P. Tandy. “These pleas, along with the arrests of six other top lieutenants of this Tijuana cartel, are breaking the back of this once-terrifying network.”

In connection with his plea, Ismael Higuera-Guerrero admitted that from about 1988 to his arrest in May 2000, he was the AFO’s top lieutenant, acting at the direction of the AFO’s principal leaders, the Arellano-Felix Brothers. As admitted in his plea, Ismael Higuera-Guerrero supervised other upper-echelon AFO lieutenants, including his brother, Gilberto, and oversaw the AFO’s day-to-day operations. Ismael Higuera-Guerrero admitted that those operations included receiving multi-ton shipments of cocaine and marijuana in Mexico, transporting those drugs to the Tijuana/Mexicali area, and shipping those drugs across the border into the United States. Ismael Higuera-Guerrero also admitted supervising the collection of millions of dollars in drug proceeds in the U.S., the transportation of those proceeds back to Mexico, and the transmittal of payments to Colombian sources of supply. Higuera-Guerrero further admitted arranging for the regular payment of bribes to corrupt government and law enforcement officials, and that he oversaw the AFO’s “policing” of the Tijuana and Mexicali “plazas,” which included the kidnapping, torture, and murder of AFO “enemies.” These enemies included rival traffickers, uncooperative government and law enforcement officials and AFO members suspected of betraying the cartel in one form or another, including cooperation with law enforcement.

Today, Gilberto Higuera-Guerrero pled guilty to a two-count Superseding Information charging him with a Racketeering offense and with the Commission of a Violent Act in Aid of Racketeering -- both charges relating to his role in the AFO. In connection with his plea, Gilberto Higuera-Guerrero admitted that he was an AFO lieutenant and that he worked closely with Manuel Aguirre-Galindo, on behalf of the Arellano-Felix brothers, coordinating the receipt of multi-ton cocaine shipments in Mexico, and the importation of that cocaine into the United States. Gilberto, like Ismael, also admitted to involvement in the collection of AFO drug trafficking proceeds, and the “policing” of the Tijuana/Mexicali “plazas,” including the kidnapping and murder of AFO “enemies.”

In December 2003, a seventh Superseding Indictment was filed in the Southern District of California charging 11 individuals, including both Ismael and Gilberto Higuera-Guerrero, with racketeering, drug trafficking, and money laundering offenses. The 11 defendants allegedly constituted the AFO’s top hierarchy. On January 19, 2007, the Higuera-Guerrero brothers were among two of 15 major drug defendants and other criminals extradited to the United States from Mexico, in what Attorney General Alberto Gonzales described as an “unprecedented” and “bold” stance by “President Felipe Calderon and his government in targeting the drug-related violence and corruption that affects both our nations." The Higuera-Guerrero brothers were extradited to face the charges in the seventh Superseding Indictment. That indictment was specifically structured to comply with decisions by Mexican courts that prohibited the extradition of Mexican nationals facing life in prison or the death penalty.

United States Attorney Hewitt stated, “We thank the Mexican government for supporting the prosecution of members of an organized criminal organization that has perpetrated countless crimes of violence and widespread drug trafficking in the United States. The two criminal pleas announced today could not have occurred without the assistance of Mexico, culminating in the extradition of the Higuera-Guerrero brothers to the United States.” United States Attorney Hewitt also commended the outstanding efforts of the DEA, IRS and FBI for the investigation which resulted in these criminal pleas.

“Today’s guilty pleas speak volumes about the futility of committing drug crimes against the United States. Wholesale drug trafficking and the lifestyle it supports may seem compelling, but there is no job security and no pension plan – at the end of the day the DEA will likely help shape your golden years,” said Alan Poleszak, DEA Acting Special Agent in Charge, San Diego Field Division.

“The financial investigation in cases involving major drug traffickers is the critical component to dismantling the economic backbone of these harmful organizations. These high-profile drug organizations, as we have recently seen south of the border, utilize vicious, violent, and sometimes unimaginable means to protect and promote their evil empire. As dedicated financial investigators, we will expose and sever every possible financial link that is associated with these drug traffickers so they will not be able to reinvest their illicit proceeds. We stand together with our law enforcement partners here in the U.S. and in Mexico, to put an end to these organizations that continue to harm our communities,” said Kenneth J. Hines, Special Agent in Charge, IRS Criminal Investigation, San Diego Field Office.

FBI Special Agent in Charge Daniel R. Dzwilewski commented, “Today's plea agreements are the result of law enforcement on both sides of the border working together to effectively dismantle the AFO. Only through partnership can we curtail the extreme violence and criminal activity the AFO has advocated for so long. Though the list is long, the FBI and our partners in law enforcement remain vigilant and will continue to pursue and investigate those with affiliations to the AFO.”

According to court documents, Ismael Higuera-Guerrero’s plea required him to stipulate to the maximum 20-year statutory sentence for each of the two racketeering charges to which he pled guilty. Furthermore, he agreed that each 20-year term would be imposed to run consecutively, not concurrently, resulting in a stipulated 40-year sentence. Ismael Higuera-Guerrero’s plea also required him to stipulate to a $5,000,000 forfeiture. Gilberto Higuera-Guerrero’s plea required him to stipulate to the maximum 20-year statutory sentence on the racketeering charge and the maximum 10-year sentence on the commission of a violent act in aid of racketeering enterprise charges. Gilberto Higuera-Guerrero also stipulated that each of the sentences would run consecutively, not concurrently, resulting in a stipulated 30-year sentence. Finally, Gilberto Higuera-Guerrero’s plea required him to stipulate to the forfeiture of $1,000,000.

Sentencing for Ismael Higuera-Guerrero is scheduled for June 11, 2007, at 9:30 a.m. Sentencing for Gilberto Higuera-Guerrero is scheduled for August 13, 2007, at 9:30 a.m. Both sentencing hearings are before United States District Judge Larry A. Burns.

DEFENDANTS Case Number: 06cr2646-LAB

Ismael Higuera-Guerrero Age: 46 Republic of Mexico

Gilberto Higuera-Guerrero Age: 39 Republic of Mexico

SUMMARY OF CHARGES TO WHICH ISMAEL HIGUERA-GUERRERO PLED GUILTY

Count 1 of the 7th Superseding Indictment - Title 18, United States Code, Section 1962(c) –

Conducting the Affairs of an Enterprise Through a Pattern of Racketeering Activity

Count 2 - the 7th Superseding Indictment - Title 18, United States Code, Section (1962)(d) –

Conspiracy to Conduct the Affairs of an Enterprise Through a Pattern of Racketeering Activity

Maximum penalties for each offense: 20 years in prison, $250,000 fine, 5 years of supervised release

SUMMARY OF CHARGES TO WHICH GILBERTO HIGUERA-GUERRERO PLED GUILTY

Count 1 of a Superseding Information - Title 18, United States Code, Section 1962(c) –

Conducting the Affairs of an Enterprise Through a Pattern of Racketeering Activity

Count 2 of the Superseding Information - Title 18, United States Code, Section 1959(a)(5)

Violent Act In Aid of Racketeering Enterprise

Maximum penalties for Count 1: 20 years in prison, $250,000 fine, 5 years of supervised release

Maximum penalties for Count 2: 10 years in prison, $250,000 fine, 5 years of supervised release

INVESTIGATING AGENCIES

Drug Enforcement Administration

Internal Revenue Service, Criminal Investigation

Federal Bureau of Investigation

California Department of Justice

United States Marshal’s Service

Federal Register 32889

Presidential Documents

Volume 51 Number180

Wednesday, September 17, 1986

Title 3– The President

Executive Order 12564 of September 15, 1986

Drug-Free Federal Workplace:

I, RONALD REAGAN, President of the United States of America, find that:

Ø Drug use is having serious adverse effects upon a significant proportion of the national work force and results in billions of dollars of lost productivity each year;

Ø The Federal government, as an employer, is concerned with the well-being of its employees, the successful accomplishment of agency missions, and the need to maintain employee productivity;

Ø The Federal government, as the largest employer in the Nation, can and should show the way towards achieving drug-free workplaces through a program designed to offer drug users a helping hand and, at the same time, demonstrating to drug users and potential drug users that drugs will not be tolerated in the Federal workplace;

Ø The profits from illegal drugs provide the single greatest source of income for organized crime, fuel violent street crime, and otherwise contribute to the breakdown of our society;

Ø The use of illegal drugs, on or off duty, by Federal employees is inconsistent not only with the law-abiding behavior expected of all citizens, but also with the special trust placed in such employees as servants of the public;

Ø Federal employees who use illegal drugs, on or off duty, tend to be less productive, less reliable, and prone to greater absenteeism than their fellow employees who do not use illegal drugs;

Ø The use of illegal drugs, on or off duty, by Federal employees impairs the efficiency of Federal departments and agencies, undermines public confidence in them, and makes it more difficult for other employees who do not use illegal drugs to perform their jobs effectively. The use of illegal drugs, on or off duty, by Federal employees also can pose a serious health and safety threat to members of the public and to other Federal employees;

Ø The use of illegal drugs, on or off duty, by Federal employees in certain positions evidences less than the complete reliability, stability, and good judgment that is consistent with access to sensitive information and creates the possibility of coercion, influence, and irresponsible action under pressure that may pose a serious risk to national security, the public safety, and the effective enforcement of the law; and

Ø Federal employees who use illegal drugs must themselves be primarily responsible for changing their behavior and, if necessary, begin the process of rehabilitating themselves.

Ø By the authority vested in me as President by the Constitution and laws of the United States of America, including section 3301(2) of Title 5 of the United States Code, section 7301 of Title 5 of the United States Code, section 290ee-1 of Title 42 of the United States Code, deeming such action in the best interests of national security, public health and safety, law enforcement and the efficiency of the Federal service, and in order to establish standards and procedures to ensure fairness in achieving a drug-free Federal workplace and to protect the privacy of Federal employees, it is hereby ordered as follows:

Section 1. Drug-Free Workplace.

(a) Federal employees are required to refrain from the use of illegal drugs.

(b) The use of illegal drugs by Federal employees, whether on duty or off duty, is contrary to the efficiency of the service.

Section 2 Agency Responsibilities.

(a) The head of each Executive agency shall develop a plan for achieving the objective of a drug-free workplace with due consideration of the rights of the government, the employee, and the general public.

(b) Each agency plan shall include:

(1) A statement of policy setting forth the agency's expectations regarding drug use and the action to be anticipated in response to identified drug use;

(2) Employee Assistance Programs emphasizing high level direction, education, counseling, referral to rehabilitation, and coordination with available community resources;

(3) Supervisory training to assist in identifying and addressing illegal drug use by agency employees;

(4) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues; and

(5) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis in accordance with this Order.