The Department of Justice (DOJ) Inspector General announced today the initiation of a review to examine DOJ’s actions in investigations involving the trafficking of substances containing fentanyl, fentanyl analogues, or fentanyl-related substances as defined by 21 C.F.R. § 1308.11(h)(30)(i) (collectively “fentanyl”), when federal investigators have knowledge, specific information, or probable cause to believe that fentanyl will be transported or distributed to or from, or stored at, a specified identifiable location.
In particular, the DOJ Office of the Inspector General’s (OIG) review will examine applicable DOJ-wide, Criminal Division, and Drug Enforcement Administration policies, protocols, guidance, instructions, and training regarding risk assessment and mitigation; and investigators’ application of such policies, protocols, guidance, instructions, and training in practice. The OIG review will focus primarily on DOJ’s actions during the last 2 years, but it may consider earlier events, such as those that occurred in fentanyl-related federal investigations in New Mexico, when necessary to understand the context of the matters under review.
Among other things, this review will seek to determine whether and how DOJ personnel evaluate and implement risk mitigation strategies, including interdiction, in investigations involving fentanyl trafficking; whether and why any risk mitigation strategies, including interdiction, are delayed or declined; who makes and approves such decisions, including when there is internal disagreement regarding which, if any, fentanyl-related risk mitigation strategies to pursue; whether and how such decisions are documented or reported; and whether DOJ personnel conduct any after-action reviews. If circumstances warrant, the OIG will consider including other issues that arise.
In conducting this review, the OIG will not substitute its judgment for the legal or investigative judgments of DOJ personnel or components. Consistent with the requirements of the Inspector General Act of 1978, as amended, the OIG will issue a public report when the review is complete.