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DEA
Congressional Testimony
February 6, 2004
Statement
of
Armand McClintock
Assistant Special Agent in Charge
Indianapolis District Office
Drug Enforcement Administration
Before the
House Committee on Government Reform
Subcommittee on Criminal Justice, Drug Policy
and Human Resources
February
6, 2004
"Fighting
Methamphetamine in the Heartland: How Can the Federal Government Assist
State and Local Efforts?"
The
rapid rise and spread of methamphetamine use and trafficking in Indiana
has created a unique and difficult challenge for federal and state law
enforcement officials. Unlike more traditional drugs of abuse, methamphetamine
presents some distinctive challenges. First, it is relatively easy to
manufacture; anyone who can read and measure can make methamphetamine.
Second, many production sites are located in rural areas of Indiana where
there is limited day-to-day law enforcement presence. Third, methamphetamine
is a particularly intense stimulant, highly addictive, and devastatingly
dangerous. The combination of these factors has led DEA to pursue a multi-faceted
response.
The methamphetamine trafficking situation in Indiana reflects the current
overall methamphetamine situation in the Midwest. Mexican drug trafficking
organizations control a vast majority of the methamphetamine distribution
in Indiana. Their networks transport multi-pound quantities from clandestine
superlabs capable of producing at least 10 pounds of the drug in a 24-hour
period from locations in the West and even Mexico.
While the methamphetamine trade remains dominated by Mexican trafficking
organizations, a growing number of small, dangerous clandestine laboratories
are straining communities and Indiana police forces. Locally, ninety percent
of independent small toxic lab (STL) operators produce methamphetamine
for personal use and local distribution. Such a constant supply of methamphetamine
in Indiana rivals, if not exceeds that of cocaine and continues to grow
in popularity due to its low cost, availability and duration of effect.
DEA has joined forces
with our state and local counterparts to investigate and shut down these
toxic labs. Progress requires vigilance to ensure the safe cleanup of the
labs. Being very costly, DEA works with state officials to provide as much
assistance as possible with lab cleanups and extensive training for law
enforcement.
In this testimony, DEA will describe the nature of the methamphetamine threat
to Indiana, offer specific examples of how we are targeting it, and describe
why it is important for DEA and its partners to make every effort to combat
this increasing menace.
Introduction
Chairman Souder, distinguished
members of the Subcommittee, and honored guests; it is indeed my distinct
pleasure to appear before you. My name is Armand McClintock and I am the
Assistant Special Agent in Charge of the Indianapolis District Office. On
behalf of DEA Administrator Karen P. Tandy and Special Agent in Charge Richard
Sanders of the Chicago Field Division, I would like to thank this subcommittee
for your continued support of DEA and its mission.
The
Simplicity of Methamphetamine
Methamphetamine is a
synthetic stimulant that is classified as a Schedule II controlled substance.
This widely abused drug also goes by the names "crank", "meth",
"crystal" and "speed." Although commonly sold in powder
form, it has been distributed in tablets or as crystals. Methamphetamine
can be smoked, snorted, injected or taken orally.
The clandestine manufacture
of methamphetamine has been a concern of law enforcement officials since
the 1960's, when outlaw motorcycle gangs dominated distribution. Methamphetamine
continues to be the primary drug manufactured in the vast majority of
drug labs seized by law enforcement throughout the nation. Since 1997,
ninety-seven percent of the clandestine lab seizures reported to DEA were
either methamphetamine or amphetamine labs.
Methamphetamine is, unfortunately, a simple drug to produce. Ingredients
are not only readily available, but also inexpensive. For approximately
$100 in materials purchased in either a grocery or hardware store, a "cook"
can produce $1,000 worth of methamphetamine. Items such as rock salt,
battery acid, red phosphorous road flares, pool acid, and iodine crystals
can be utilized to substitute for some of the necessary chemicals. Precursor
chemicals such as pseudoephedrine can be extracted from common over-the-counter
cold medications. And a clandestine lab operator can utilize relatively
ordinary items such as mason jars and coffee filters to substitute for
sophisticated laboratory equipment. Simply put, these are straightforward
science fair experiments put to the worst use imaginable.
Another factor in the clandestine lab epidemic is the evolution of technology
and the increased use of the Internet. While in the past "chemists"
closely guarded their formulas, today's computer savvy America has made
them more willing to share their "recipes of death." Aside from
marijuana, methamphetamine is the only widely abused illegal drug that
is readily manufactured or capable of being produced by the actual abuser.
Given the relative ease with which manufacturers are able to acquire precursor
chemicals, and the unsophisticated nature of the production process, it
is not difficult to see why this highly addictive drug and literally explosive
clandestine laboratories continue to appear in Indiana neighborhoods and
all across America.
Indiana - The Heartland in the Grasp of Methamphetamine
Overall, DEA offices in Indiana expend approximately half their investigative
resources on methamphetamine related cases - a substantial increase since
1999, when approximately 35 percent of cases were methamphetamine related.
DEA investigations into Mexican drug trafficking organizations distributing
methamphetamine within the state have risen from 17 in 2001 to 36 in 2003.
In addition, the number of methamphetamine traffickers and dealers who
have been arrested and charged in federal court has grown from 80 in 2001
to 111 in 2003.
According to the
latest statistics from the El Paso Intelligence Center (EPIC), the number
of clandestine methamphetamine laboratories seized in Indiana has increased
steadily from a low of 5 in 1998 to a high of 506 reported thus far for
2003. But even this figure could be a low estimate due to incomplete reporting
to EPIC from other law enforcement agencies. Detailed statistics from
the Indiana State Police now indicate that 1,260 clandestine laboratories
were seized in 2003. Assuming this number remains constant, it would represent
a 26 percent increase from the 998 laboratories reported seized in the
state during 2002.
Indiana
Distribution Sources, Prices and Purity
The methamphetamine
trafficking situation in Indiana reflects the current trafficking situation
throughout the Midwest. Federal investigations have found that Mexican trafficking
organizations transport multi-pound quantities of methamphetamine to Indiana
from clandestine superlabs (laboratories with a production capacity of at
least 10 pounds of methamphetamine in a 24-hour period), located in the
West and Mexico. However, small toxic labs (STLs) remain the principal threat
to local communities.
STLs are local and
independent operators who produce gram to multi-ounce quantities of methamphetamine
for personal use and local distribution. Ninety percent of all clandestine
methamphetamine laboratories seized in Indiana utilize the Birch, or "Nazi,"
production method that allows a novice manufacturer to rely on readily
available, inexpensive products and an uncomplicated process to create
methamphetamine. The prevalence of these labs spreads the drug to more
users and has the most immediate and visible impact. Even so, control
over the vast majority of what is actually distributed in Indiana by volume
is dominated by the Mexican drug trafficking organizations.
Methamphetamine prices
for Indiana are on average $90 - $100 per gram, $500 - $1,200 per ounce
and $5,000 - $8,000 per pound. The average purity level for these methamphetamine
laboratory exhibits is 24.8 percent.
DEA aids our state partners to fight against the methamphetamine scourge.
While no superlabs were seized in Indiana during 2003, EPIC has documented
506 clandestine methamphetamine laboratory seizures (6th among all states).
Adding dumpsites and chemical/glassware/equipment seizures together resulted
in 805 incidents (5th among all states). In response to the rise of such
labs, in 2000 DEA launched a new training initiative to provide clandestine
laboratory awareness training to federal, state and local law enforcement
agencies and fire departments. The demand for Clandestine Laboratory training
has been immense. DEA has provided Clan Lab/Methamphetamine Awareness
training for 540 state and local officers (and certified another 58) in
the state of Indiana since 2000.
The
Escalation of Small Toxic Labs and Their Environmental Impact
The small toxic labs
I described generate significant quantities of hazardous waste during each
production cycle. Small, rural communities within Indiana ultimately must
pay the price of the fiscal, environmental, health, and safety hazards associated
with criminal entrepreneurs.
STLs initially emerged
as a problem in the Midwest in the early to mid-1990s. After initial introduction
by Mexican traffickers, local users discovered that they could produce
their own methamphetamine. Both the ease of manufacturing and the availability
of chemicals contributed greatly to the dramatic growth and spread of
these labs throughout the state of Indiana. While not readily available
at the retail level, anhydrous ammonia is used extensively in rural areas
throughout the state. State law enforcement reports indicate that the
chemical has been easily stolen from nurse tanks stored on family farms
and coops, train tanker cars that transport the chemical, or diverted
from one of the anhydrous pipelines.
Methamphetamine laboratories
create environmental hazards with enormous cleanup costs. The chemicals
used to produce methamphetamine are extremely flammable and toxic. Every
pound of methamphetamine produced yields up to five pounds of waste chemicals,
which in turn contaminate the land, streams, and public sewer systems.
The small labs are often more dangerous than the larger operations. The
"cooks" are generally less experienced and have little regard
for the consequences arising from the use of toxic, explosive, and poisonous
chemicals. In 2001, EPIC reported 19 fires and explosions related to methamphetamine
production in Indiana. While that number had risen to 35 in 2002, the
number of explosions and fires related to methamphetamine laboratories
fell to 21 in 2003.
A
Child's Home Becomes a Parent's Lab
The methamphetamine
trade is particularly insidious because of its direct, alarming, and negative
impact on our youth. Federal and state law enforcement officials remain
vigilant in our efforts to keep youth in Indiana and across the country
from the devastating effects of this drug.
A recently published
comprehensive report from the National Jewish Medical and Research Center
found that the toxic clouds of chemicals created by meth "cooks"
within their "home labs" are posing a significant health and
safety threat to the children and adults living in and around labs. This
first-of-its kind study scientifically documented how toxic methamphetamine
chemicals adhere to almost all the surfaces in a home or even hotel rooms
used as a meth lab, from walls to carpets, to table tops and children's
clothing. Given this environment, children might as well be taking the
drug directly. DEA Administrator Karen Tandy commented at a January 2004
press conference that the study "exposes the enormous, but hidden,
risks of methamphetamine." She emphasized that these high levels
of toxins "expose innocent and unwary citizens to poisons that can
be silent killers."
The sad fact is that
Indiana children are continually exposed to the ravages of this illegal
substance. Toxic labs are often discovered where children live and play.
In 2003, information reported to EPIC showed 176 children affected, 65
children exposed to toxic chemicals, 5 children injured, 1 child killed,
59 children present at labs, 39 children placed into protective custody
and 74 children residing at homes where clandestine labs were present.
More than any other controlled substance, methamphetamine endangers children
through exposure to drug use/abuse, neglect, physical and sexual abuse,
toxic chemicals, hazardous waste, fire, and explosion. In response to
this tragic phenomenon, DEA has enhanced its Victim Witness Program to
identify and report these incidents to the proper state agencies. Each
of DEA's Field Divisions has a Victim/Witness Coordinator to ensure that
endangered children are identified and the child's immediate safety is
addressed at the scene through coordination with child welfare and health
care service providers.
Enforcement
Initiatives
DEA has joined
forces with our state and local partners to address methamphetamine-related
trends from large trafficking organizations down to the small-time producer
operating out of their homes.
Priority Targeting Program
Administrator Tandy has made it an agency priority to focus on disrupting
and dismantling priority target organizations and to deprive them of
the profits of the drug trade. One of DEA's most aggressive enforcement
efforts is the Priority Targeting Program to which substantial financial
and manpower resources are committed consistent with the strategies
of the President and the Attorney General. Since the inception of the
Priority Targeting Program in 2000, DEA has dismantled 61 and disrupted
35 priority target methamphetamine trafficking organizations throughout
the United States. There are currently 170 active methamphetamine Priority
Target cases worldwide, including nine active in the Indianapolis District
Office area.
Elimination
of Small Toxic Labs
Along with state and local law enforcement counterparts, DEA has been
successful in eliminating many STLs throughout Indiana. Moreover, DEA
assists state and local authorities with hazardous waste removal, prevention,
public awareness, and training that are associated with methamphetamine.
Chemical Control
Recent local initiatives
in Indiana have required the placement of pseudoephedrine behind counters
in retail businesses that sell cold medications and limits on the amount
of pseudoephedrine that can be purchased. Combined with Federal regulations
already in place, these initiatives will significantly limit the availability
of precursor chemicals such as pseudoephedrine in the illicit market.
Controlling
Pseudoephedrine/Precursor Trafficking
DEA also uses the precursor control program to identify and target the
most significant sources of methamphetamine precursor chemicals. DEA
works domestically with legitimate handlers of precursor chemicals to
ensure that these chemicals are not diverted for illicit use. Currently
there are six Diversion Investigators assigned to the Indianapolis District
Office responsible for working with their state and local counterparts
to enforce the chemical control measures in the Controlled Substances
Act.
DEA chemical investigations
have increased by 400 percent since 1999, and DEA has also undertaken
yearly "outreach" and education efforts with the regulated
chemical industry for the purpose of preventing chemical diversion.
In addition, DEA aggressively investigates companies who wish to distribute
List I chemicals that could be utilized to manufacture a controlled
substance. We also operate a Warning Letter Program to notify manufacturers
and distributors of pseudoephedrine and ephedrine tablets when their
product is found in illicit settings. To date, DEA has issued 634 warning
letters, which can form a foundation for criminal, civil, and/or administrative
action against registrants who fail to adequately monitor their distribution
of List I chemicals.
Seizures
and Investigations - An Ongoing Battle
As I mentioned, DEA
devotes half of its Indiana investigative resources to methamphetamine
related cases. These investigations have uncovered activities of concern
across the state. Locally, the Merrillville, Indiana Resident Office (MRO),
reported that methamphetamine trafficking (and some production) is controlled
by Hispanic groups around South Bend. Law enforcement has identified four
groups that are sending approximately 500 pounds of methamphetamine to
South Bend every month. This influx results in Elkhart becoming a transshipment
point where the drug is subsequently shipped to other Midwest states.
In September 2003, authorities in South Bend seized 34 pounds of methamphetamine
that had been associated with this traffic. Within the next week, an additional
26 pounds of methamphetamine and 16 kilograms of cocaine were also seized.
These seizures underscore the severe methamphetamine problem faced by
law enforcement and public health officials in and around South Bend.
DEA seizure statistics
confirm the increased availability of methamphetamine across Indiana.
Recorded methamphetamine seizures by the MRO increased from zero in 1999
to more than 27 kilograms in 2003. DEA intelligence has identified a Mexican
trafficking source responsible for smuggling 30 pounds of methamphetamine
at a time into the Evansville area. This represents a substantial increase
in the volume of methamphetamine entering Indiana from Mexican controlled
organizations.
On August 22, 2002, DEA agents, along with Indiana State and local law
enforcement officers arrested 20 individuals in central and southern Indiana
for trafficking methamphetamine. Operation Exorcism 2 was the result of
a 14 month Organized Crime Drug Enforcement Task Force investigation (OCDETF)
which targeted the Diablos Motorcycle Gang. This Priority Target was trafficking
as much as 30 pounds of methamphetamine every two to three weeks. Our
combined efforts resulted in the seizure of 10 kilograms of methamphetamine,
644 grams of marijuana, and $123,321 in U.S. currency. In addition, 300
firearms, 14 vehicles, two boats, and two all-terrain vehicles were seized
by DEA.
On December 6, 2003,
approximately 90 local law enforcement officers, led by the DEA Indianapolis
District Office, concluded Operation Sweet Home Alabama, a six month investigation
which yielded the arrest of 18 defendants and the execution of 14 federal
search warrants. The Priority Target involved a Mexican National who oversaw
the largest methamphetamine, cocaine and marijuana ring ever exposed in
Indiana. The investigation resulted in the seizure of $70,000 in U.S.
currency, 40 pounds of methamphetamine, 20 kilograms of cocaine, three
vehicles, and 20 firearms. On January 27, 2004, a federal judge sentenced
the head of the organization, Ramon Montero, to twenty years in prison.
Upon his release from prison, he will likely be deported back to Mexico.
Conclusion
The seriousness of the
problems resulting from the methamphetamine threat cannot be overstated.
Perhaps more than any other drug, methamphetamine puts all of us-users and
nonusers alike-at risk. The innocence of children, the fortitude of law
enforcement, and the pristine state of our ecosystem are not immune to meth's
dangers.
DEA is combating
the methamphetamine epidemic on several fronts. Our agency is targeting
Mexican trafficking organizations while working closely with state and
local law enforcement to eliminate the spread of small toxic labs and
alleviate their consequences.
As a single mission agency, DEA will continue to devote its resources
to identify, investigate and dismantle the organizations responsible for
the spread of methamphetamine across Indiana and our country.
Thank you again for the opportunity to testify before the Subcommittee
today. I will be happy to answer any questions at the appropriate time.
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