Review of the Drug Enforcement Administration’s Custodial Accountability for Evidence Held at the Field Divisions

Report Number I-2004-003
January 2004

OIG SURVEY INSTRUMENT

The Office of the Inspector General (OIG), Evaluation and Inspections Division is initiating a review of the accountability controls used by the Drug Enforcement Administration (DEA) to protect seized drugs and cash placed in DEA facilities for analysis and safekeeping. The purpose of the review is to assess the adequacy of DEA controls for the receipt, security, and final disposition of seized drugs and cash.

This survey refers to chain-of-custody problems for drug evidence and cash seized either during DEA-controlled investigations or submitted into the DEA's custody by other Federal, state, or local law enforcement agencies. Please consider the following:

• DEA seized drug evidence handling from the initial point of seizure through any subsequent transfers in the DEA chain-of-custody.

• DEA seized cash chain-of-custody problems up to, but not including, asset forfeiture procedures.

Note: We are not reviewing seized drug evidence chain-of-custody problems attributed to the DEA's forensic laboratories' chain-of-custody.

Please click on the appropriate response box (an "X" will appear) or click on the text box area and then enter your text answer. Upon completion, forward the saved electronic file containing your responses to SURVEY.OIG-USA@USDOJ.GOV(Or select "OIG-USA" in the Department's Microsoft Outlook Address Book)

Name Title District   Phone

1. Do you believe that the DEA safeguards the integrity of the chain-of-custody for:

   1. Seized Drug Evidence? Yes No

      1. Seized Bulk Amount Drug Evidence (e.g., bulk marijuana)? Yes No

   2. Seized Cash Evidence? Yes No

   3. Comments (Question # 1 Above):

2. Have you encountered any of the following DEA chain-of-custody problems during Federal prosecutions for:

   1. Seized Drug Evidence?

      Incomplete Documentation	Yes No
      Inaccurate Record keeping (e.g., weights or descriptions)	Yes No
      Missing Records	Yes No
      Inadequate physical safeguards	Yes No
      Inadequate storage facilities	Yes No
      Theft	Yes No
      Loss	Yes No
      Inappropriate Destruction	Yes No
      Other	Yes No

      1. Seized Bulk Amount Drug Evidence (e.g., bulk marijuana)?

         Incomplete Documentation	Yes No
         Inaccurate Record keeping (e.g., weights or descriptions)	Yes No
         Missing Records	Yes No
         Inadequate physical safeguards	Yes No
         Inadequate storage facilities	Yes No
         Theft	Yes No
         Loss	Yes No
         Inappropriate Destruction	Yes No
         Other	Yes No

   2. Seized Cash Evidence?

      Incomplete Documentation	Yes No
      Inaccurate Record keeping (e.g., weights or descriptions)	Yes No
      Missing Records	Yes No
      Inadequate physical safeguards	Yes No
      Theft	Yes No
      Loss	Yes No
      Other	Yes No

   3. Comments (Question # 2 Above):

3. Have your Federal prosecution(s) been adversely impacted due to DEA chain-of-custody problems involving:

   1. Seized Drug Evidence? Yes No

      1. Seized Bulk Drug Evidence (e.g., bulk marijuana)? Yes No

   2. Seized Cash Evidence? Yes No

   3. Comments (Question # 3 Above):

4. Have criminal defense attorneys been successful in challenging the integrity of the DEA's chain-of-custody in your prosecutions which featured:

   1. Seized Drug Evidence? Yes No

      1. Seized Bulk Drug Evidence (e.g., bulk marijuana)? Yes No

   2. Seized Cash Evidence? Yes No

   3. Comments (Question # 4 Above):

5. Please identify any general concerns with, or suggestions to improve the DEA's handling of seized drugs or seized cash.