Review of the Department of Justice Actions in Fentanyl-Related Investigations

The Office of the Inspector General (OIG) is initiating a review to examine the Department of Justice’s (DOJ or Department) 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 OIG review will (1) examine applicable Department-wide, Criminal Division, and Drug Enforcement Administration policies, protocols, guidance, instructions, and training regarding risk assessment and mitigation; and (2) use a judgmental sample across multiple jurisdictions to examine investigators’ application of such policies, protocols, guidance, instructions, and training in practice, including in matters involving Title III electronic surveillance. Among other things, this review will seek to determine whether and how Department 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 Department personnel conduct any after-action reviews. If circumstances warrant, the OIG will consider including other issues that arise. The OIG will not substitute its judgment for the legal or investigative judgments of Department personnel or components. Instead, it will examine the actions of Department personnel to assess the efficacy and adequacy of the Department’s fentanyl-related risk assessment and mitigation policies, protocols, guidance, instructions, and training. 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.