Contraband Smuggling Flashcards
contraband smuggling
- fraudulently or knowingly imports into the US any merchandise contrary to law.
types of contraband:
- drugs and precursor chemicals
- money
- weapons
- exotic animals
- cultural property
- invasive plants
- child porn
18 USC 545
- smuggling goods into the US
- with intent to defraud
- merchandise contrary to law
19 USC 1590
- aviation smuggling
31 USC 5332
- bulk cash smuggling
- over $10k
21 USC 841
- possession, manufacture, distribution of a controlled substance
21 USC 952
- importation of controlled substance
fbi investigates:
- national security
- organized crime
- child exploitation
- gangs
atf investigates:
- weapons
- biker gangs
US postal inspection investigates:
- us mail
steps to take after smuggling arrest:
- deconflict with DEA
- seize contraband
- forfeit conveyances used to transport controlled substances
processing controlled substances:
- photograph at scene
- preserve containers for controlled deliveries
- reagent field test, record, witness results
- mark exhibits
- follow DEA procedures and document transfer
- track chain of custody on 6051
- turn over to FP&F
- lab test THRESHOLD amount
processing non drug evidence:
- same as drug evidence
reporting requirements:
- provide ROI to DEA
what is a controlled delivery?
- investigative technique involving transportation of contraband to suspect violator while under surveillance of LEOs
purpose of a controlled delivery:
- disrupt/dismantle criminal organizations
- identifying higher level violators
- establish evidence of guilty knowledge
- identify violators assets for forfeiture
types of controlled delivery:
- cooperating defendant
- non cooperating violator (COLD CONVOY)
- pass through (international controlled delivery)
cooperating defendant
- defendant agrees to deliver contraband
- over 18 years old
- AUSA advised
- miranda rights waived
when working with a cooperating defendant, agents should ________
- search before and after meet
cold convoy (unwitting)
- contraband allowed to proceed under surveillance
- SAC must approve cold convoy
pass through:
- imported or exported at govt direction
- must have concurrence of CBP port director
- requesting agency makes formal request to SAC
- on entry into US, HSI places tracker or transmitter
other types of controlled delivery:
- controlled export
- reverse undercover op
controlled export:
- pass through of non drug merchandise to foreign country
- coordinated with HSI attache
reverse undercover op:
- sale or delivery of controlled substance by UC or cooperating individual to persons knowingly violating federal laws.
op planning:
- consult USAO
- obtain concurrence from SAC offices
- take photos to memorialize
- substitute with sham drugs
- court orders for non consensual interception
- consider surveillance requirements
- notify local LEOs and deconflict
how much drugs do you send to the lab for testing?
- threshold amount
what is a DHS summons used for?
- used to take testimony and obtain records required under 19 USC 1508 (importation of items)
- must be based on PC to believe that records pertain to import of prohibited merchandise
what does a title 21 subpoena authorize?
- authorized subpoena of witnesses and records relevant to 18 USC 545 (smuggling) with relation to controlled substances
