Review of the Drug Enforcement Administrationís Use of the Diversion Control Fee Account

Evaluation and Inspections Report I-2008-002
February 2008
Office of the Inspector General


Appendix I
Congressional Letter of Allegations
JOSEPH I. LIEBERMAN, CONNECTICUT, CHAIRMAN

CARL LEVIN, MICHIGAN
DANIEL K. AKAKA, HAWAII
THOMAS R. CARPER, DELEWARE
MARK L. PRYOR, ARKANSAS
MARY L. LANDRIEU, LOUISIANA
BARACK OBAMA, ILLNIOS
CLAIRE MCCASKILL, MISSOURI
JON TESTER, MONTANA
 
SUSAN M. COLLINS, MAINE
TED STEVENS, ALASKA
GEORGE V. VOINOVICH (OH)
NORM COLEMAN, MINNESOTA
TOM COBURN, OKLAHOMA
PETE V. DOMENICI, NEW MEXICO
JOHN WARNER, VIRGINIA
JOHN E. SUNUNU, NEW HAMPSHIRE

MICHAEL L. ALEXANDER, STAFF DIRECTOR
BRANDON L. MILHORN, MINORITY STAFF DIRECTOR


United States Senate

COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
WASHINGTON. DC 20510-6250

April 10, 2007

VIA U.S. MAIL & FACSIMILE (202/514-400 1)

The Honorable Glenn A. Fine
Office of the Inspector General
U.S. Department of Justice
950 Pennsylvania Avenue. NW, Room 4706
Washington. DC 20530-0001

Dear Mr. Fine:

The purpose of this letter is to request an investigation by your office into allegations that funds from the Diversion Control Fee Account are being misspent by the Drug Enforcement Administration (DEA).

The Diversion Control Fee Account (DCFA) is an unappropriated fee account authorized by Congress for the support of the Diversion Control Program of DEA. DCFA funds are obtained from fees paid by registrants, such as doctors, pharmacists, and pharmaceutical companies, which are regulated by DEA's Diversion Control Program. The Diversion Control Program works to prevent the diversion of controlled substances and listed chemicals that are lawfully manufactured, distributed, dispensed, imported or exported in the United States. Since the program is paid for entirely by the fees of registrants, the law prohibits DCFA funds from being used for any purpose unrelated to the Diversion Control Program.

Sources have informed my office, however, that DEA may be using DCFA funds to pay for agency activities unrelated to the Diversion Control Program. My office has been told, for example, that DEA may be using DCFA funds to compensate 130 Special Agents and Intelligence Analysts who do not perform Diversion Control activities; purchase surveillance equipment and Digital Subscriber Line internet access for DEA offices where no Diversion Investigators are located; build a laboratory to combat methamphetamine, an illegal drug outside the Diversion Control Program; and rent space for an unrelated task force. My office has also been told that existing Diversion Investigators have been prohibited from working overtime and initiating needed travel, new Diversion Investigators have not been hired, and expert witnesses needed in Diversion Control cases have not been used all allegedly due to a lack of DCFA funds.

A review of these allegations is needed to determine if DCFA funds are, in fact, being misspent on activities unrelated to the Diversion Control Program. For more information please contact David Allen of my staff at 312/226-6020. Thank you for your time and attention.

Sincerely,

(signature)

Carl Levin
Chairman
Permanent Subcommittee on Investigations



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