Responding to Target Letters From the DEA Tactical Diversion Squad

Responding to Target Letters From the DEA Tactical Diversion Squad

Getting one of those scary target letters from the Drug Enforcement Administration’s (DEA) Tactical Diversion Squad can make anyone feel anxious and overwhelmed. But you gotta remember – just because you got one of these letters doesn’t automatically mean you’re gonna be criminally charged. There are things you can do to respond the right way and protect yourself.

What Exactly is the DEA Tactical Diversion Squad?

The DEA Tactical Diversion Squad (TDS) is a specialized team within the DEA that investigates suspected violations of the Controlled Substances Act and other federal and state laws about diverting legal controlled substances into illegal channels[1]. The TDS teams up DEA resources with those from other federal, state and local law enforcement agencies. Their goal is to target, investigate, and prosecute individuals and organizations involved in diversion schemes[2].

TDS agents have the power to conduct surveillance, make undercover purchases, serve search warrants, make arrests, and seize evidence. They build complex conspiracy cases by collecting documentary evidence, getting cooperating witness statements, recording conversations, and gathering other investigative information.

Why Would I Get a Target Letter?

You may get a target letter if the TDS has identified you as a subject or target in an investigation into diverting controlled substances. This means the TDS has evidence connecting you to suspected criminal activity. But their investigation isn’t over yet. You probably got the letter because the TDS wants to see if you’ll cooperate with their investigation. Or maybe provide more evidence against yourself or others.

What Should the Letter Say?

A target letter from the DEA TDS should clearly state that you’re a target of a criminal diversion investigation. It should describe the general nature of the charges they’re considering (like illegally distributing prescription opioids). The letter may try to get you to cooperate by mentioning the potential criminal penalties you could face if charged.

How to Respond to a DEA Target Letter

If you get a target letter from the DEA Tactical Diversion Squad, here are some tips on handling it:

• Don’t freak out – the letter alone doesn’t mean you’ll definitely be criminally charged.
• Don’t talk to any DEA agents without your attorney present.
• Get in touch with a criminal defense lawyer ASAP. An experienced attorney can advise you on the best response.
• Consider hiring the lawyer to contact the DEA for you. This could help avoid criminal charges later on.
• Be honest with your attorney so they can properly advise you on potential defenses and strategies.
• Follow your lawyer’s advice on whether to meet with investigators or provide a written statement.
• Don’t try to destroy evidence or obstruct the investigation, or else you could face more charges.

Possible Defenses and Strategies

There are different defenses and strategies your lawyer may use in responding to a DEA target letter, depending on the details of your specific case. Here are some examples:

• Lack of criminal intent – Your lawyer could argue you never meant to break the law or divert controlled substances.
• Entrapment – If you were improperly pressured into committing a crime by government agents, your lawyer can claim entrapment.
• Improper prescribing – For healthcare professionals, your lawyer may say you acted in good faith when prescribing controlled substances to patients.
• Lack of knowledge – You could claim that you didn’t know the drugs you had or distributed were obtained illegally.
• Unlawful investigative tactics – Your lawyer can file motions to suppress evidence or dismiss charges if your rights were violated during the investigation.
• Statute of limitations – Your lawyer could argue the statute of limitations has expired on certain charges being considered.

In addition to defenses, your lawyer may be able to negotiate with prosecutors to get reduced charges or a diversion program. This could be in exchange for your cooperation, paying restitution, or fulfilling other conditions.

What if I Don’t Respond?

If you ignore a DEA target letter, the investigation will probably keep moving forward without your help. You could eventually be criminally charged and arrested. Not responding prevents your lawyer from interacting with investigators for you. It’s best to contact a lawyer quickly so they can advise you on properly responding.

How a Criminal Defense Lawyer Can Help

Having an experienced criminal defense lawyer represent you right away is critical when dealing with a DEA diversion investigation. A lawyer can:

• Advise you on your rights and defense options
• Negotiate with the DEA for you
• Review evidence and identify improper investigative tactics
• Try to prevent or minimize criminal charges
• Defend you in court if charges are filed

Don’t wait to call a lawyer if you get a target letter from the DEA Tactical Diversion Squad. Time is crucial for mounting an effective defense. A skilled attorney can protect your rights and future as the investigation continues.