Handling DEA Action PART I: Who Will Registrants Encounter During DEA Inspections?

This post is part of a 7-part blog series designed to outline various types of DEA enforcement actions that registrants must understand and prepare for. This series will discuss how registrants should:

• Handle DEA inspections,

• Engage with problematic Diversion Investigators (DIs) or those who misunderstand or misapply DEA regulations,

• Respond to Letters of Authority (LOAs),

• React to Memoranda of Agreement (MOAs),

• Defend against Orders to Show Cause (OTSCs), and

• Engage with the Department of Justice (DOJ) after receiving a pre-filing letter threatening civil action.

  
  

The Roles of DEA Special Agents and Diversion Investigators

 The DEA employs both Special Agents and Diversion Investigators (DIs) and these two roles serve very different purposes within the agency, operating under distinct legal authorities and training frameworks.

DEA Special Agents: Criminal Enforcement Experts

DEA Special Agents are sworn federal law enforcement officers who focus on investigating and dismantling drug trafficking organizations. Their work often involves undercover operations, surveillance, informant management, and tactical raids. Because they are part of the 1811 Criminal Investigator job series, they are authorized to carry firearms, make arrests, and execute criminal search and arrest warrants. Their training is intensive and takes place at the DEA Academy in Quantico, Virginia, where they learn law enforcement tactics, firearms handling, and investigative procedures.

Special Agents typically work on cases involving illegal drug manufacturing, distribution, and international trafficking. Their investigations may span months or years and often involve coordination with other federal, state, and international law enforcement agencies.

DEA Diversion Investigators: Regulatory Compliance Specialists

DIs, on the other hand, are non-sworn personnel who specialize in the regulatory side of controlled substances. They fall under the 1801 General Inspection, Investigation, Enforcement, and Compliance job series, which means they do not carry weapons, make arrests, or execute criminal warrants. Instead, their authority comes from the Controlled Substances Act (CSA), and their primary mission is to prevent the diversion of legally manufactured drugs into illicit channels.

DIs conduct administrative inspections, audits, and investigations of DEA registrants such as pharmacies, hospitals, manufacturers, and prescribers. They ensure that these entities comply with DEA regulations regarding recordkeeping, security, and proper handling of controlled substances. Their tools include administrative subpoenas, Notices of Inspection (NOIs), and Administrative Inspection Warrants (AIWs)—none of which require probable cause of a crime.

Although DIs are not sworn law enforcement officers and do not carry firearms or make arrests, they do participate in criminal investigations alongside DEA Special Agents. Unlike compliance investigators from other regulatory agencies, DIs may be gathering evidence for potential criminal prosecution. Therefore, always exercise caution when speaking with DIs or providing documents and information to them. Even routine inspections can evolve into criminal inquiries if red flags are identified.

Training for DIs focuses on pharmaceutical regulations, compliance procedures, and investigative techniques tailored to the legal drug supply chain. They are often the first line of defense against prescription drug abuse, rogue prescribers, and suspicious pharmacy practices.

Both roles are critical to the DEA’s mission, but they operate in complementary spheres—one focused on criminal enforcement, the other on regulatory oversight. Understanding the distinction is especially important for DEA registrants, as the type of investigator who arrives at your facility will determine the scope of their authority and how you should respond.