|
DEA
Congressional Testimony
Statement
by:
Lewis Rice
Jr.
Special Agent in Charge
New York Field Division
Drug Enforcement Administration
Before
the:
House Subcommittee
on Crime
Committee on the Judiciary
Date:
June 15,
2000
Note: This document
may not reflect changes made in actual delivery.
Chairman McCollum,
distinguished members of the Subcommittee: I am pleased to have the opportunity
to appear before you today to discuss the growing dangers and concerns
over "Ecstasy" and other related "Club Drugs." I would first like to thank
the Subcommittee for its continued support of the Drug Enforcement Administration
(DEA) and overall support of drug law enforcement.
As you are well aware,
the alarming spread of illegal drug abuse by our youth is having a profound
affect in communities throughout the United States. It is fair to say
that the increasing use of club drugs such as MDMA (Ecstasy), GHB, Ketamine,
and LSD by our youth is quickly becoming one of the most significant law
enforcement and social issues facing our nation today. DEA reporting indicates
widespread abuse within virtually every major U.S. city with indications
of trafficking and abuse expanding to smaller cities such as Oklahoma
City, Oklahoma; Beaumont, Texas; Nashville and Memphis, Tennessee; Savannah
and Florence, Georgia; Fayetteville, Arkansas; and Montgomery, Alabama.
Recent seizure statistics clearly illustrate this prolific growth. According
to the Federal Drug Identification Network (FDIN) database, in 1998, 276,904
tablets and 118,016 grams of powder MDMA were seized (equivalent to 944,128
tablets @ 0.125g/tab) which totaled 1,221,032 tablets. Conversely, in
1999, 2,847,719 tablets along with 1,162,075 grams of powder was seized
totaling 12,144,319 tablets. This translates into a ten-fold increase
in the number of MDMA seizures in a one-year period. Furthermore, some
abusers, primarily in the Miami and Orlando areas, are combining MDMA
with heroin, a combination known as "space." Perhaps most frightening
is the decreased perception of risk that young teens have regarding the
use of these drugs.
MDMA can produce
stimulant effects such as an enhanced sense of pleasure, self-confidence,
and increased energy. Its hallucinogenic effects include feelings of peacefulness,
acceptance, and empathy. Users claim they experience feelings of closeness
with others and a desire to touch them. As such, because of the feelings
attained by the MDMA user, there exists a misconception that these drugs
are relatively safe. However, various researchers have shown that use
of club drugs can cause serious health problems and, in some cases, even
death. Used in combination with alcohol, some of these club drugs can
be even more dangerous. Furthermore, MDMA's long-term psychological effects
can include confusion, depression, sleep problems, anxiety, and paranoia.
Between 1998 and 1999, past year use of ecstasy rose by a third among
10th graders, and by 56 percent among 12th graders.
The greatest number of MDMA users fell into the 18-25 year old category
with slightly greater than 1.4 million people reporting its use.
Because DEA is the
only single-mission federal agency dedicated to drug law enforcement,
the agency has developed and further advanced our ability to direct resources
and manpower to identify, target, and dismantle drug organizations headquartered
overseas and within the United States. In carrying out its mission, DEA
is responsible for the investigation and prosecution of criminals and
drug gangs who perpetrate violence in our communities and terrorize citizens
through fear and intimidation. The drug organizations operating today
have an unprecedented level of sophistication and are more powerful and
influential than any of the organized crime enterprises preceding them.
The leaders of these drug trafficking organizations oversee a drug industry
that has wreaked havoc on communities throughout the United States. Their
principal motive is pure and simple: greed.
MDMA:
The Emergence of New Drug Trafficking Organizations:
The ecstasy drug
market in the United States is supplied and controlled by Western European-based
drug traffickers. In recent years, Israeli Organized Crime syndicates,
some composed of Russian émigrés associated with Russian
Organized Crime syndicates, have forged relationships with the Western
European traffickers and gained control over a significant share of the
European market. Moreover, the Israeli syndicates remain the primary source
to the U.S. distribution groups. The increasing involvement of organized
crime syndicates signifies the "professionalization" of the MDMA market.
These organizations have proven to be capable of producing and smuggling
significant quantities of MDMA from source countries in Europe to the
United States. DEA reporting indicates their distribution networks are
expanding from coast to coast, enabling a relatively few organizations
to dominate MDMA markets nationwide.
Typically, these
MDMA trafficking organizations are well organized, well educated, multi-lingual,
and capable of producing and smuggling significant quantities of MDMA
from Europe to the United States. In 1999, more than 2 million pills were
seized in New York alone. The U.S. Customs Service estimates that since
October 1999, approximately 5.8 million pills have been seized at various
ports throughout the United States. Perhaps, the most notable estimation
comes from German police officials who suspect that more than 2 million
pills are smuggled into the United States each week from various cities
throughout Europe. In Belgium alone, DEA reports that since March, 2000,
approximately 675,000 ecstasy tablets were seized, the vast majority destined
for the United States. This figure eclipses the total number of tablets
seized for all Fiscal Year 1999.
MDMA is clandestinely
manufactured in Western Europe, primarily in the Netherlands and Belgium.
It is estimated that 90% of MDMA distributed worldwide is produced in
these countries. MDMA production is a relatively sophisticated chemical
process making it difficult for inexperienced individuals to produce MDMA
successfully. However, there are several manufacturing processes for MDMA
and a multitude of "recipes" that are posted on the Internet. Most of
the MDMA laboratories are capable of producing 20-30 kilograms on a daily
basis, although law enforcement authorities have seized some labs with
the capability of producing 100 kilograms per day.
Normally, the MDMA
is manufactured by Dutch chemists and transported and distributed by various
factions of Israeli Organized Crime groups. These groups recruit and utilize
Americans, Israeli, and western European nationals as couriers. These
couriers can smuggle anywhere from 10,000 to 20,000 tablets (2.5-5 kilograms)
on their person and up to 50,000 tablets (10 kilograms) in specially designed
luggage. In addition to the use of couriers, these organizations use the
parcel mail, DHL, UPS, and U.S. Postal Service. Due to the size of the
MDMA tablet, concealment is much easier than other traditional drugs smuggled
in kilogram-size packages (cocaine, heroin, and marijuana).
What brings these
Drug Trafficking Organizations together is the enormous profit realized
in these ventures along with the fact that MDMA is not produced in the
United States. Although estimates vary, the cost of producing an MDMA
tablet can run between $.50 - $1.00. The wholesale, or first level price
for MDMA tablets have ranged from $1.00-$2.00 per tablet, contingent on
the volume purchased. This four-fold profit provides huge incentives for
the laboratory owner or chemist. Furthermore, manufacturing laboratories
can realize these profits without coming into contact with anyone except
the first level transportation or distribution representatives. Once the
MDMA reaches the United States, a domestic cell distributor will charge
$6-$8 per tablet. The retailer then turns around and distributes it for
$25-$40 per pill. Clearly, there is a tremendous profit realized in each
function in MDMA trafficking from the producer or clandestine laboratory
operator, to the transporter, to the wholesaler, to the retailer, then
on to the consumer.
MDMA:
The Drug:
Primarily illicitly
manufactured in and trafficked from Europe, 3,4-Methylenedioxymethamphetamine
(MDMA), a Schedule I drug under the Controlled Substance Act (CSA), is
the most popular of the club drugs. Its origins can be traced to Germany
in 1912 where it was patented but was never studied or marketed for human
consumption. In the 1970's and early 1980's some health care professionals
experimented with the drug in "introspective therapy" sessions, outside
of FDA-approved research. DEA reporting indicates widespread abuse of
this drug within virtually every city in the United States. Although it
is primarily abused in urban settings, abuse of this substance also has
been reported in rural communities. Although prices in the United States
generally range from $25 to $40 per dosage unit, prices as high as $50
per dosage unit have been reported in Miami.
The drug is a synthetic,
psychoactive substance possessing stimulant and mild hallucinogenic properties.
Known as the "hug drug" or "feel good" drug, it reduces inhibitions and
produces feelings of empathy for others, the elimination of anxiety, and
extreme relaxation. In addition to chemical stimulation, the drug reportedly
suppresses the need to eat, drink, or sleep. This enables club scene users
to endure all-night and sometimes 2-3 day parties. MDMA is taken orally,
usually in tablet form, and its effects last approximately 4-6 hours.
Taken at raves, the drug may lead to severe dehydration and heat stroke,
since it has the effect of "short-circuiting" the body's temperature signals
to the brain. An MDMA overdose is characterized by rapid heartbeat, high
blood pressure, faintness, muscle cramping, panic attacks, and in more
severe cases, loss of consciousness or seizures. One of the side effects
of the drug is jaw muscle tension and teeth grinding. As a consequence,
MDMA users will often use pacifiers to help relieve the tension. The most
critical, life-threatening response to MDMA is hyperthermia or excessive
body heat. Recent reports of MDMA-related deaths were associated with
core body temperatures ranging from 107 to 109 degrees Fahrenheit. Many
rave clubs now have cooling centers or cold showers designed to allow
participants to lower their body temperatures.
The long-term effects
of MDMA are still under evaluation; however, research by the National
Institute of Mental Health in Bethesda, Maryland, in 1998 directly measured
the effects of the drug on the human brain. The study revealed that the
drug causes damage to the neurons (nerve cells) that utilize serotonin
to communicate with other neurons in the brain, and that recreational
MDMA users risk permanent brain damage that may manifest itself in depression,
anxiety, memory loss, learning difficulties, and other neuropsychiatric
disorders.
Overview
of "Club" Drugs: An Emerging Epidemic:
The use of synthetic
drugs has become a popular method of enhancing the club and rave experience.
These rave functions, which are parties known for loud techno-music and
dancing at underground locations, regularly host several thousand teenagers
and young adults who use MDMA, LSD, GHB, alone or in various combinations.
Users of drugs such as MDMA report that the effects of the drug heighten
the user's perceptions, especially the visual stimulation. Quite often,
users of MDMA at clubs will dance with light sticks to increase their
visual stimulation. Legal substances such as Vicks's VapoRub are often
used to enhance the effects of the drug.
"Club" drugs have
become such an integral part of the rave circuit that there no longer
appears to be an attempt to conceal their use. Rather, drugs are sold
and used openly at these parties. Traditional and non-traditional sources
continue to report the flagrant and open drug use at "raves." Intelligence
indicates that it has also become commonplace for security at these parties
to ignore drug use and sales on the premises. Tragically, many teens do
not perceive these drugs as harmful or dangerous. These drugs are marketed
to teens as "feel good" drugs and are widely abused at raves. The following
is a brief summary of other selected club drugs.
Gamma HydroxyButyrate
(GHB) is easily accessible at rave parties and is currently popular among
teenagers and young adults alike. Commonly referred to as a date rape-drug,
GHB was originally used as a substitute anabolic steroid for strength
training. GHB has been used in the commission of sexual assaults because
it renders the victim incapable of resisting, and may cause memory problems.
GHB costs approximately $10-$20 per dose and is frequently mixed with
alcohol. As of January 2000, DEA documented 60 GHB-related deaths. The
drug is used predominantly by adolescents and young adults, often when
they attend nightclubs and raves. GHB is often manufactured in homes with
recipes and ingredients found and purchased on the Internet. As a result
of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of
2000, GHB was designated a Schedule I drug under the CSA.
Gamma Butyrolactone
(GBL), a List I chemical, is a precursor chemical for the manufacture
of GHB. Several Internet sites offer kits that contain GBL, sodium hydroxide
or potassium hydroxide and directions for the manufacture of GHB. This
process is relatively simple and does not require complex laboratory equipment.
Upon ingestion, GBL is synthesized by the body to produce GHB. As a consequence,
some partygoers drink small quantities of GBL straight. These chemicals
increase the effects of alcohol, and can cause respiratory distress, seizures,
coma and death.
d-lysergic acid diethylamide
(LSD), listed as a Schedule I drug under the CSA, first emerged as a popular
drug of the psychedelic generation in the 1960's. Its popularity appeared
to decline in the late 1970's, an effect attributed to a broader awareness
of its hazardous effects. Over the past decade, there has been a resurgence
of LSD abuse, especially among young adults. Typically, LSD users experience
panic, confusion, suspicion, and anxiety. Liquid LSD has been seized in
Visine bottles at rave functions. LSD is also sold at raves on very small
perforated paper squares that are either blank or have a cartoon-figure
design. Most users of LSD voluntarily decrease or stop using it over time,
since it does not produce the same compulsive, drug-induced behavior of
cocaine and heroin.
As of August 1999,
Ketamine, also known as "Special K," was placed in Schedule III of the
Controlled Substance Act. Used primarily by veterinarians as an anesthetic,
Ketamine produces hallucinogenic effects similar to PCP with the visual
effects of LSD. Ketamine is diverted in liquid form, dried and distributed
as a powder. Prices average $20 per dosage unit. Ketamine is snorted in
the same manner as cocaine at 5-10 minute intervals until the desired
effect is obtained.
Legislative
History:
Ecstasy, as well
as all other club drugs, have been scheduled under the Controlled Substances
Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control
Act of 1970. Recently, due to the exponential growth and abuse of Ecstasy
and its devastating and potentially lethal effects, Senate bill S. 2612,
was introduced by Senator Bob Graham and co-sponsored by Senator Charles
Grassley. This bill calls for the United States Sentencing Commission
to amend the federal sentencing guidelines to provide for increased penalties
associated with the manufacture, distribution, and use of Ecstasy. Those
penalties would be comparable to the base offense levels for offenses
involving any methamphetamine mixture. The bill would also assure that
the guidelines provide that offenses involving a significant quantity
of Schedule I and II depressants, including GHB and its analogues, are
subject to greater terms of imprisonment than currently in place. Furthermore,
the bill calls for greater emphasis to be placed on the education of young
adults, the education and training of state and local law enforcement
officials and adequate funding for research by the National Institute
on Drug Abuse (NIDA). The current federal guidelines for MDMA require
a relatively complex calculation, by which MDMA - like many controlled
substances not listed directly in the guidelines tables - is equated to
a fixed amount of marijuana (1 gram=35 gm marijuana). The result leads
to inadequate sentences. Base offense level 26 (to which five-year mandatory
sentences are keyed) is reached by trafficking about 28,570 dosage units
of MDMA, which weighs about 8 kilograms. (Typically, a kilogram of MDMA
consists of 3,500-4,000 pills).
In addition to S.
2612, a companion bill has been introduced in the House by Congresswoman
Judy Biggert. H.R. 4553 is almost identical to S. 2612, except it encompasses
all "club drugs", to include paramethoxyamphetamine, commonly referred
to as "PMA". In recent weeks, it is believed that "PMA," an Ecstasy analogue
controlled by DEA since 1973, may be responsible for the death of three
young people in suburban Chicago. The three victims, an 18-year old female
and two males, 17 and 20 years of age, are said to have frequented the
same nightclub. The deaths are being investigated by local authorities.
At this time it appears that the drug users thought they were taking MDMA,
but ingested PMA instead.
Another bill relating
to club drug abuse, the Hillory J. Farias and Samantha Reid Date-Rape
Prevention Drug Act of l999, (Public Law l06-172), was signed by the President
on February 18, 2000. This legislation directed DEA to place GHB (gamma
hydroxybutyric acid) in Schedule I. GHB induces hallucinogenic and euphoria-like
highs. It is known as a date rape drug because it can cause victims to
lose consciousness, making them vulnerable to sexual assault. Research
of GHB as a treatment for narcolepsy as part of Food and Drug Administration
(FDA) approved clinical studies continues.
Furthermore, Public
Law l06-172 contains a statutory obligation that requires DEA to establish
a special unit to assess the abuse of and trafficking in GHB, flunitrazepem,
ketamine, and other controlled substances (club or designer drugs) whose
use has been associated with sexual assaults. In addition, the Attorney
General was directed to develop a protocol for the collection of evidence,
the taking of victim statements in connection with violation of the CSA
- which results or contributes to sexual assault, crimes of violence,
or other crimes involving the abuse of GHB and the other designer drugs.
In addition, DEA and the FBI are obligated to develop model training materials
for law enforcement personnel involved in such investigations, and make
such protocols and training materials available to Federal, state, and
local personnel responsible for such investigations.
Enforcement
Initiatives:
Operation
"Flashback":
In an effort to target
organizations and individuals that distribute and manufacture "club drugs,"
DEA established Operation "Flashback" in July 1997. On July 2, 1998, MDMA
was approved for inclusion under this Special Enforcement Program. Since
February 1998, active investigations have increased from 6 to 140, indicative
of the increasing demand and availability of club drugs. Operation "Flashback"
seeks to achieve the following five primary objectives:
- Develop prosecutable
cases against individuals and organizations that manufacture and distribute
so-called club drugs.
- Develop intelligence
links between domestic wholesale distributors and the foreign source
of supply.
- Identify, arrest,
and prosecute violators at a high level of distribution, including the
clandestine lab operators.
- Establish and
coordinate an overall strategy for all domestic and foreign investigative
efforts.
- Identify the command
and control infrastructures of organizations that are distributing so-called
club drugs.
Furthermore, this
Special Enforcement Program provides a mechanism to enforcement components
in the field to fund undercover buys, confidential source payments, installation
of pen registers, and activation of Title III wiretaps. In addition, it
acts as a central depository for any and all information related to club
drugs. This database contains information on targets, organizations, arrests,
seizures, modes of smuggling, types of drugs and the logos/brand names
they bear.
While investigating
MDMA organizations, DEA has recognized that enforcement operations which
target designer or club drug distribution at the raves differ from the
enforcement efforts required to combat other illicit drugs, such as cocaine
and heroin. This can be partially attributed to the lack of strict Federal
sentencing guidelines - a situation that may be improved by the pending
bills mentioned earlier. As such, the vast majority of cases involving
club and designer drugs are prosecuted in the state system. In essence,
these trafficking organizations are aware of the lenient sentencing guidelines
for MDMA and fully exploit it.
Presently, DEA has
several ongoing investigations into these trafficking organizations. One
particular DEA investigation of note was conducted in conjunction with
the United States Customs Service and New York City Police Department.
This investigation targeted a major ecstasy smuggling organization based
in the Netherlands which operated throughout Brooklyn and Long Island,
New York. Beginning in February 1999, Orthodox Jews, between the ages
of eighteen and twenty, principally Hasidic men, were recruited to serve
as ecstasy couriers. The recruiters believed that these couriers would
not attract the attention of Customs inspectors.
Each courier was
promised a free trip to Europe and approximately $1,500 in exchange for
their services. Some couriers were also paid a finder's fee of approximately
$200 for each additional courier they recruited. Many of the couriers
allegedly believed that they were smuggling diamonds. Each courier smuggled
between 30,000 and 45,000 ecstasy pills into the United States. During
the time period of this conspiracy, the organization generally recruited
three couriers per week. The couriers smuggled and attempted to smuggle
drugs through Belgium, France and Canada. In a few instances, larger quantities
of ecstasy- between 100,000 and 200,000 per shipment- were smuggled into
the United States secreted inside various goods transported through the
international commercial shipping system. In addition, some of the couriers
smuggled drug proceeds (approximately $500,000/per trip) from New York
to Amsterdam for delivery to the organizations' leader. This investigation
was a resounding enforcement success because it identified an MDMA trafficking
organization headed by an Israeli national who oversaw the recruitment
of couriers, the shipment of drugs into the United States, and the return
shipment of the cash proceeds from the United States to Amsterdam.
Another case of note
targeted an international MDMA and money laundering organization. This
organization was responsible for the importation and distribution of approximately
50,000 MDMA dosage units per month in New York and Florida. The MDMA was
imported into the United States from Europe hidden in furniture. The targets
were primarily young, multi-lingual and extremely mobile violators. They
frequently traveled to and from the United States throughout the duration
of this investigation. In addition, the traffickers were utilizing cellular
telephones, often making 70-80 calls per day. The investigation resulted
in numerous arrests, the seizure of approximately 40,000 MDMA dosage units,
and the seizure of approximately $350,000.
Demand
Reduction Initiatives:
The increasing power
and diversity of drug trafficking organizations operating throughout the
United States and abroad demands an equally authoritative and creative
response. These drug trafficking organizations seek to entrench criminal
enterprise in modern society; they attempt to lure the youth of this country
into the dark world of drug abuse and crime on a daily basis. As such,
DEA is committed to developing and employing multi-faceted strategies
to combat both drug trafficking and drug abuse. With this in mind, DEA's
Demand Reduction program was created in 1986 in response to the widespread
belief that both law enforcement and drug prevention were necessary components
of a comprehensive attack against the drug problem in the United States.
Given the age of the targeted user population of MDMA, DEA has created
a very aggressive and comprehensive attack to bring this issue to the
forefront.
Just to provide a
brief illustration of these initiatives, DEA's New England Field Division
has held three demand reduction training conferences specifically on club
drugs. These conferences have included Federal, state, and local law enforcement
officers, prosecutors, medical personnel, and educators. Four additional
conferences are planned by the end of this fiscal year. The Newark Field
Division has conducted two club drug seminars this past year. In addition
they are presently producing a video relating to a statewide club drug
demand reduction education curriculum. The St. Louis Field Division held
a club drug training session for Federal, state, and local law enforcement
officers recently. They have also participated in a number of media interviews
and club drug awareness presentations. Finally, DEA Headquarters has organized
a club drug conference scheduled for the latter part of July 2000. Participants
will include law enforcement personnel from around the world, leading
researchers, clinicians, prevention specialists, educators, and medical
professionals to discuss the alarming resurgence in MDMA and other club
drugs.
Conclusion:
The DEA is continually
working to develop and revise strategies to enhance enforcement effectiveness
and aggressively develop investigations to dismantle significant drug
trafficking organizations. We are confident that with the dedicated and
tireless efforts of all our employees, we will continue to successfully
address not only existing drug problems, but be proactive in devising
strategies to address emerging trends in drug trafficking. As previously
stated, DEA will utilize a multi-faceted approach employing both enforcement
and prevention strategies. In this regard, DEA is working in conjunction
with law enforcement officials throughout Europe in an effort to identify,
target, dismantle, and prosecute those organizations responsible for the
proliferation of MDMA throughout the U.S. and Europe. In addition, next
month, DEA will participate in a conference in Israel that will focus
on this significant issue.
I thank you for providing
me the opportunity to address the Subcommittee and I look forward to taking
any questions you may have on this important issue.
|