Diversion Investigator
Encyclopedia
Diversion Investigator (DI) is the title of a specialist position within the Drug Enforcement Administration
(DEA) of the United States Department of Justice
. Most DIs are part of DEA's Diversion Control Program and are assigned to various DEA field offices throughout the U.S. and in several foreign countries. DIs are responsible for addressing the problem of diversion
of controlled pharmaceuticals and regulated chemicals from the legitimate channels in which they are manufactured, distributed, and dispensed. The mission of a DI is to aid the U.S. pharmaceutical and chemical industries in complying with the Federal Controlled Substances Act
(CSA) and other pertinent laws, as well as international treaties and conventions. DIs conduct investigations to uncover and investigate suspected sources of diversion and take appropriate criminal, civil and/or administrative actions.
The DI position was originally known as a "Compliance Investigator" and was created to address the regulatory responsibilities of the Bureau of Narcotics and Dangerous Drugs
(BNDD) following the enactment of the CSA in 1970. Around 1983-84, the position had been given its current name. One key difference between the DI position and that of a DEA Special Agent
is that DEA has never authorized DIs (or their Compliance Investigator predecessors) to carry firearms or to perform traditional law enforcement
activities such as making arrests or controlling informants. DEA Special Agents, on the other hand, are fully commissioned Federal law enforcement officers. From 1971 to 1995, DIs were classified as series 1810 (general investigator) within the U.S. civil service system. In other Federal agencies, series 1810 investigators performed administrative investigative functions such as background investigations for security clearances (Office of Personnel Management
and the Defense Security Service
) or investigations of equal employment opportunity violations (Equal Employment Opportunity Commission
). In 1995, DEA reclassified DIs to series 1801 (general inspection, investigation, enforcement, and compliance) to reflect the position's mixture of criminal, civil, and administrative investigative duties.
In order to accomplish their mission, DIs employ a wide range of investigative activities. One such activity is the scheduled regulatory investigation (or audit) of registered handlers of controlled substance
s. These investigations serve to deter diversion through evaluation of the registrants' record-keeping procedures, security
safeguards and general compliance with the CSA and implementing regulations. Legitimate handlers of controlled substances subject to regulatory investigation include drug manufacturers, distributors (wholesalers), importers and exporters, and narcotic
treatment programs, which are those programs primarily designed to furnish methadone
to narcotic addicts as part of a program of addiction treatment.
Most recently, there has been a growing push to investigate diversion of controlled substances involving sale and distribution via the Internet
. The rapidly changing environment and an increase in Internet diversion of controlled substances has created a need for programs to target these sources of diversion.
Frequently, DIs are involved in investigations aimed at the most serious practitioner-level registrant violators (e.g., medical practitioners, pharmacies
, etc.) of controlled substances laws and regulations. These registrants have a documented or suspected history of diversion of drugs/chemicals into the illicit market. DIs collect and analyze information developed during their investigations and consult with supervisory personnel to determine if criminal prosecution is warranted. DIs work closely with DEA Special Agent
s and state and local |law enforcement]] officers who provide assistance in making undercover purchases and executing search warrant
s. DIs also work closely with attorneys for DEA, the United States Attorneys Office and state and local prosecutor
s. DIs are required to testify as to the results of their investigations during criminal trials, grand jury
proceedings and administrative hearings.
A key function of the DI position involves maintaining liaison
with all levels of the U.S. drug and chemical registrant population, including the pharmaceutical and chemical industries. DIs will often answer questions registrants have concerning their responsibilities under the CSA. Many DIs also become involved in their field office's demand reduction and community
out-reach programs.
Foreign-based DIs are experts in legal and regulatory matters pertaining to narcotics, psychotropic substances, and regulated chemicals. They serve as advisers/consultants to foreign host government
s in establishing anti-diversion programs.
Drug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
(DEA) of the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. Most DIs are part of DEA's Diversion Control Program and are assigned to various DEA field offices throughout the U.S. and in several foreign countries. DIs are responsible for addressing the problem of diversion
Drug diversion
In the terminology of the United States Drug Enforcement Administration, diversion is the use of prescription drugs for recreational purposes. The term comes from the "diverting" of the drugs from their original purposes...
of controlled pharmaceuticals and regulated chemicals from the legitimate channels in which they are manufactured, distributed, and dispensed. The mission of a DI is to aid the U.S. pharmaceutical and chemical industries in complying with the Federal Controlled Substances Act
Controlled Substances Act
The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
(CSA) and other pertinent laws, as well as international treaties and conventions. DIs conduct investigations to uncover and investigate suspected sources of diversion and take appropriate criminal, civil and/or administrative actions.
The DI position was originally known as a "Compliance Investigator" and was created to address the regulatory responsibilities of the Bureau of Narcotics and Dangerous Drugs
Bureau of Narcotics and Dangerous Drugs
The Bureau of Narcotics and Dangerous Drugs was a predecessor agency of the Drug Enforcement Administration . It was formed as a subsidiary of the United States Department of Justice in 1968, combining the Bureau of Narcotics and Bureau of Drug Abuse Control The Bureau of Narcotics and Dangerous...
(BNDD) following the enactment of the CSA in 1970. Around 1983-84, the position had been given its current name. One key difference between the DI position and that of a DEA Special Agent
Special agent
Special agent is usually the title for a detective or investigator for a state, county, municipal, federal or tribal government. An agent is a worker for any federal agency, and a secret agent is one who works for an intelligence agency....
is that DEA has never authorized DIs (or their Compliance Investigator predecessors) to carry firearms or to perform traditional law enforcement
Law enforcement agency
In North American English, a law enforcement agency is a government agency responsible for the enforcement of the laws.Outside North America, such organizations are called police services. In North America, some of these services are called police while others have other names In North American...
activities such as making arrests or controlling informants. DEA Special Agents, on the other hand, are fully commissioned Federal law enforcement officers. From 1971 to 1995, DIs were classified as series 1810 (general investigator) within the U.S. civil service system. In other Federal agencies, series 1810 investigators performed administrative investigative functions such as background investigations for security clearances (Office of Personnel Management
Office of Personnel Management
The United States Office of Personnel Management is an independent agency of the United States government that manages the civil service of the federal government. The current Director is John Berry.-History:...
and the Defense Security Service
Defense Security Service
The Defense Security Service is an agency of the United States Department of Defense . Within areas of DoD responsibility, DSS is tasked with facilitating personnel security investigations, supervising industrial security, and performing security education and awareness training. It is not a...
) or investigations of equal employment opportunity violations (Equal Employment Opportunity Commission
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, perceived intelligence,...
). In 1995, DEA reclassified DIs to series 1801 (general inspection, investigation, enforcement, and compliance) to reflect the position's mixture of criminal, civil, and administrative investigative duties.
In order to accomplish their mission, DIs employ a wide range of investigative activities. One such activity is the scheduled regulatory investigation (or audit) of registered handlers of controlled substance
Controlled substance
A controlled substance is generally a drug or chemical whose manufacture, possession, or use are regulated by a government. This may include illegal drugs and prescription medications ....
s. These investigations serve to deter diversion through evaluation of the registrants' record-keeping procedures, security
Security
Security is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...
safeguards and general compliance with the CSA and implementing regulations. Legitimate handlers of controlled substances subject to regulatory investigation include drug manufacturers, distributors (wholesalers), importers and exporters, and narcotic
Narcotic
The term narcotic originally referred medically to any psychoactive compound with any sleep-inducing properties. In the United States of America it has since become associated with opioids, commonly morphine and heroin and their derivatives, such as hydrocodone. The term is, today, imprecisely...
treatment programs, which are those programs primarily designed to furnish methadone
Methadone
Methadone is a synthetic opioid, used medically as an analgesic and a maintenance anti-addictive for use in patients with opioid dependency. It was developed in Germany in 1937...
to narcotic addicts as part of a program of addiction treatment.
Most recently, there has been a growing push to investigate diversion of controlled substances involving sale and distribution via the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
. The rapidly changing environment and an increase in Internet diversion of controlled substances has created a need for programs to target these sources of diversion.
Frequently, DIs are involved in investigations aimed at the most serious practitioner-level registrant violators (e.g., medical practitioners, pharmacies
Pharmacy
Pharmacy is the health profession that links the health sciences with the chemical sciences and it is charged with ensuring the safe and effective use of pharmaceutical drugs...
, etc.) of controlled substances laws and regulations. These registrants have a documented or suspected history of diversion of drugs/chemicals into the illicit market. DIs collect and analyze information developed during their investigations and consult with supervisory personnel to determine if criminal prosecution is warranted. DIs work closely with DEA Special Agent
Special agent
Special agent is usually the title for a detective or investigator for a state, county, municipal, federal or tribal government. An agent is a worker for any federal agency, and a secret agent is one who works for an intelligence agency....
s and state and local |law enforcement]] officers who provide assistance in making undercover purchases and executing search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
s. DIs also work closely with attorneys for DEA, the United States Attorneys Office and state and local prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s. DIs are required to testify as to the results of their investigations during criminal trials, grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
proceedings and administrative hearings.
A key function of the DI position involves maintaining liaison
Liaison
Liaison in general means:# Communication between two or more groups.# Co-operation, working together.but may refer to:* Affair, an unfaithful or adulterous sexual relationship* Air Alliance, a Canadian airline whose call sign was "Liaison'...
with all levels of the U.S. drug and chemical registrant population, including the pharmaceutical and chemical industries. DIs will often answer questions registrants have concerning their responsibilities under the CSA. Many DIs also become involved in their field office's demand reduction and community
Community
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
out-reach programs.
Foreign-based DIs are experts in legal and regulatory matters pertaining to narcotics, psychotropic substances, and regulated chemicals. They serve as advisers/consultants to foreign host government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
s in establishing anti-diversion programs.