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MEMORANDUM OF UNDERSTANDING
OCDETF ARIZONA STRIKE FORCE
DISTRICT OF ARIZONA
The parties hereto agree to participate in the Organized Crime Drug Enforcement Task
Forces ("OCDETF") Arizona Strike Force (referred to throughout as "Arizona Strike Force").
The purpose of this Memorandum of Understanding ("MOU") is to outline the mission of the
Arizona Strike Force and to establish the terms under which it will operate.
INTRODUCTION
The OCDETF Program is built on four pillars: priority targeting, prosecution and
investigative coordination, information and intelligence sharing, and directed resourcing. These
pillars support three essential elements required of any OCDETF investigation, operation,
prosecution, or Strike Force--OCDETF activities must be prosecutor-led, intelligence-driven,
and multi-agency. 1 The goal of the OCDETF Co-located Strike Force Initiative is to bring
together federal, state, and local law enforcement in a co-located setting to foster communication
and collaboration, maximize combined efforts, and more efficiently and effectively advance the
OCDETF mission to disrupt and dismantle the command-and-control elements of transnational
criminal networks.
The OCDETF Co-located Strike Force Initiative provides for the establishment of
permanent multi-agency teams that work side-by-side in the same office space where they work
together on intelligence-driven, multi-jurisdictional operations against a continuum of priority
targets. These prosecutor-led co-located Strike Forces capitalize on the synergy created through
the long-term relationships forged by agents, analysts, and prosecutors who remain together over
time. They epitomize the OCDETF model that has proven most effective in combating organized
crime.
Article I. BACKGROUND
The District of Arizona includes over seven million residents and encompasses 370 miles
of the United States-Mexico border, ten United States Ports of Entry, 185 public and private
airports, 22 federally recognized Tribes, and 91 incorporated cities and towns. Given the
District's proximity to Mexico, the transnational criminal activity within the District of Arizona
makes it one of the most active federal districts in the United States where the largest and most
sophisticated Mexico-based transnational criminal organizations ("TCOs") operate. In 2022,
over 17,000 pounds ofmethamphetamine and 5,000 pounds offentanyl were seized near the
1 Oversight and coordination of investigative and prosecution operations does not implicate tactical control or
authority. Tactical control and authority rests with the law enforcement group supervisors who are in day-to-day
direct command of their enforcement groups. Examples of tactical matters include, but are not limited to, daily
investigative strategy, investigative report writing, evidence collection and handling, managing surveillance, the
logistics of meeting or signing cooperating witnesses, or when and how to serve search or arrest warrants.
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District of Arizona's Southwest Border.2 These TCOs also use the Phoenix, Tucson, and Yuma
metropolitan areas to distribute drugs to other TCOs throughout the United States. Yet in
addition to drug trafficking, these TCOs' activities also including money laundering, human
trafficking, weapons trafficking, computer crimes, and violent crime. Federal, state, and local
law enforcement agencies in the District of Arizona hope to combine their resources to disrupt
these organized criminal groups. The parties to this MOU agree that the unique investigative
capability of an OCDETF Strike Force based in Arizona will serve the needs of both the District
of Arizona and the United States.
Article II. MISSION
The mission of the Arizona OCDETF Strike Force is to bring together federal, state, and
local law enforcement agencies to act jointly in reducing illegal drugs and violent crime by
targeting, disrupting, dismantling, and prosecuting high level transnational criminal
organizations utilizing the criminal and civil justice systems of the United States and when
necessary competent state and foreign partner jurisdictions. The state and local partnership will
include, Task Force officers contributing their unique understanding of local targets, problematic
neighborhoods, gang-affiliated individuals, violent individuals, and loosely affiliated criminal
networks and enterprises, to conduct complex, multi-jurisdictional investigations targeting the
most significant offenders, as well as conducting local impact cases targeting specific high-
trafficking and high-violence areas.
The Arizona Strike Force will also coordinate efforts and intelligence sharing with the
state and local partner law enforcement agencies and work closely with the local communities
directly impacted by narcotics trafficking, money laundering, gang activities, human smuggling,
human trafficking, firearms dealing, and violent conduct.
The Arizona Strike Force will also target organizations responsible for the distribution of
controlled substances, human smuggling, human trafficking, and weapons and munitions
trafficking, specifically targeting those organizations most responsible for the transportation and
distribution of opioids and their analogues, as well as the gangs and transnational criminal
organizations supporting these illegal activities. Consistent with OCDETF's Program and Strike
Force Guidelines, the overarching mission of the OCDETF Strike Forces is to build prosecutable
OCDETF cases against criminal networks posing priority TOC threats to the United States and in
the OCDETF Strike Forces' area of responsibility, regardless of the nature of the criminal
conduct they commit, to include emerging TOC threats not specified in this document or known
at the time it was established.
A.
Each Enforcement Groups' Mission.
DEA Group 21 Ph.oenix
2 https://www.cbp.gov/newsroom/stats/drug-seizure-statistics
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The mission of the Drug Enforcement Administration (DEA) Phoenix Field Office Group
21 is to enforce the controlled substances laws and regulations of the United States and bring to
the criminal and civil justice system of the United States, or any other competent jurisdiction,
those organizations and principal members of organizations, involved in the manufacture and
distribution of controlled substances in the United States and laundering of the proceeds
generated from those offenses while focusing on the geographical area within central and
northern Arizona. Additionally, DEA Phoenix Field Group 21 seeks to enforce the controlled
substance laws and regulations of the United States against the most significant drug trafficking
and TCOs. This enforcement will be conducted through the use of confidential source
information and undercover investigations targeting TCOs.
As part of the Arizona Strike Force and this enforcement group the Scottsdale Police
Department and Maricopa County Sheriffs Office task force officers will also target
organizations responsible for the distribution of controlled substances and laundering of criminal
proceeds operating out of the greater Phoenix metropolitan area.
The mission of the IRS as part of the Arizona Strike Force and this enforcement group is
to target emerging narcotics related financial schemes, including schemes involving newly
developed money laundering techniques though cryptocurrencies and other Dark Web resources.
The IRS will maintain support for the National Drug Control and Money Laundering Strategies
through the allocation of resources to OCDETF investigations to dismantle and disrupt major
drug trafficking/money laundering organizations operating in central and northern Arizona and
surrounding areas in order to forfeit their illegal profits.
DEA Group 22 Phoenix
The mission of the Drug Enforcement Administration (DEA) Phoenix Field Office Group
22 is to enforce the controlled substances laws and regulations of the United States and bring to
the criminal and civil justice system of the United States, or any other competent jurisdiction,
those organizations and principal members of organizations, involved in the manufacture and
distribution of controlled substances in the United States and laundering of the proceeds
generated from those offenses while focusing on the geographical area within central and
northern Arizona. Additionally, DEA Phoenix Field Group 22 seeks to enforce the controlled
substance laws and regulations of the United States against the most significant drug trafficking
and TCOs. This enforcement will be conducted using confidential source information and
undercover investigations targeting TCOs.
FBI Group 1 Phoenix
The mission of FBI Group 1 Phoenix is to target transnational organized groups or
criminal organizations which are involved in the trafficking of large quantities of controlled
substances, whose organizational influence crosses state and local jurisdictional boundaries and
whose mode of operations involves conspiratorial relationships, often including violence. A
special emphasis is placed on dismantling those groups using complex money laundering
techniques and conspiratorial relationships as a means of furthering their illegal activities,
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including their distribution of controlled substances from the Phoenix Metropolitan Area to other
states.
The United States Postal Inspection Service (USPIS) assists in many of the FBI Group 1
Phoenix investigations to identify and conduct criminal investigations against trafficking
organizations using the U.S. mail to transport, provide, deliver, and receive illegal narcotics,
including methamphetamine, cocaine, heroin, fentanyl, and related analogues. The USPIS will
continue aggressive interdiction efforts in central and northern Arizona, to disrupt the
international importation of fentanyl, its analogues, and other synthetic opioids and the
disruption of domestic distribution of fentanyl and other controlled substances, as well as the
repatriation of drug proceeds to out-of-state and international suppliers.
U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations
assists through its use of uniquely available resources at international borders to apprehend
OCDETF fugitives and identify international movement of controlled substance and bulk cash
smuggling targets.
Additionally, FBI Group 1 Phoenix enforcement group is being assisted by the Arizona
Army National Guard and the Pinal County Sheriffs Office to target organizations responsible
for the distribution of controlled substances and laundering of the proceeds from those offenses
in central and northern Arizona.
HSI Group 1 Phoenix
The mission of Homeland Security Investigations (HSI) as part of the Arizona Strike
Force is to leverage the task force resources to identify and conduct criminal investigations
against international drug trafficking organizations that have a clear a nexus to United States
borders and are operating in the Phoenix, Arizona, area. This HSI Strike Force group will also
pursue international drug smuggling using darknet marketplaces and cryptocurrency. In
furtherance of this mission, HSI cooperates and shares intelligence with other agencies in the
Strike Force and relies on the authorities and resources of HSI and the U.S. Department of
Homeland Security, as well as the expertise of its international partners, to seize and forfeit
illegal assets that are generated by these trafficking organizations in central and northern
Arizona.
DEA Group 43 Tucson
The mission of the Drug Enforcement Administration (DEA) Tucson Field Office Group
23 is to enforce the controlled substances laws and regulations of the United States and bring to
the criminal and civil justice system of the United States, or any other competent jurisdiction,
those organizations and principal members of organizations, involved in the manufacture and
distribution of controlled substances in the United States and laundering of the proceeds
generated from those offenses while focusing on the geographical area within southern Arizona.
Additionally, DEA Phoenix Field Group 22 seeks to enforce the controlled substance laws and
regulations of the United States against the most significant drug trafficking and TCOs operating
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in the southern portion of the District of Arizona. This enforcement will be conducted using
confidential source information and undercover investigations targeting TCOs.
The Border Patrol and ICE components as part of the Arizona Strike Force and this
enforcement group will assist in identifying and supporting criminal investigations against
trafficking organizations that utilize the United States borders to transport drugs, illicit proceeds,
and firearms into and through southern Arizona.
The mission of the IRS as part of the Arizona Strike Force and this enforcement group is
to target emerging narcotics related financial schemes, including schemes involving newly
developed money laundering techniques though cryptocurrencies and other Dark Web resources.
The IRS will maintain support for the National Drug Control and Money Laundering Strategies
through the allocation ofresources to OCDETF investigations to dismantle and disrupt major
drug trafficking/money laundering organizations operating in southern Arizona and surrounding
areas in order to forfeit their illegal profits.
FBI Group 1 Tucson
The mission of the FBI as part of the Arizona Strike Force and this enforcement group is
to target organized groups or criminal organizations which are involved in the trafficking of large
quantities of drugs, whose organizational influence crosses state and/or local jurisdictional
boundaries and whose mode of operations involves conspiratorial relationships, often including
violence in southern Arizona.
As part of the Arizona Strike Force and this enforcement group, the USPIS will identify
and conduct criminal investigations against trafficking organizations using the U.S. mail to
transport, provide, deliver and receive illegal narcotics, including heroin, fentanyl, and related
analogues. The USPIS will continue aggressive interdiction efforts in southern Arizona to
disrupt the international import of fentanyl, its analogues, and other synthetic opioids and the
disruption of domestic distribution of fentanyl and other controlled substances, as well as the
repatriation of drug proceeds to out-of-state and international suppliers.
As part of this enforcement group, Customs and Border Protection (CBP) will use
uniquely available resources at international borders in southern Arizona to assist in the
apprehension of OCDETF fugitives as well as identify international movement of drug and bulk
cash smuggling targets in southern Arizona.
Additionally, FBI Group 1 Tucson enforcement group is being assisted by the Arizona
Department of Public Safety, the Arizona Army National Guard, and the Pima County Sheriffs
Office to target organizations responsible for the distribution of controlled substances and
laundering of the proceeds from those offenses in southern Arizona.
HSI Group 1 Tucson
The mission of Homeland Security Investigations (HSI) as part of the Arizona Strike
Force and this enforcement group is to identify and conduct criminal investigations against
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international drug trafficking organizations that have a clear a nexus to United States borders and
that are operating in southern Arizona. This HSI group will also pursue border interdiction of
fentanyl, its analogues, and other synthetic opioids originating from China and other illicit
international distributors. In furtherance of this mission, HSI cooperates and shares intelligence
with task forces operating in neighboring states and relies on the authorities and resources of HSI
and the U.S. Department of Homeland Security, as well as the expertise of its international
partners, to seize and forfeit illegal assets that allow these trafficking organizations to survive.
HSI will also identify and conduct criminal investigations into transnational criminal
organizations that may be directing firearms purchases from federally licensed firearms dealers
or individuals in the secondary firearm markets, that intend to export said firearms and
ammunition from the United States to support their criminal enterprises.
US Marshals Service (USMS)
The primary objective of the USMS role in OCDETF is to reduce the number of
OCDETF fugitives. USMS personnel assigned to the Arizona Strike Forces will provide
investigative assistance on Arizona Strike Force targets for the purpose of eventual
apprehension. USMS involvement in the pre-indictment stages of investigation is a best practice
that increases the likelihood of eventual physical arrests. The USMS will investigate existing
OCDETF fugitives for apprehension. The USMS may assist with other aspects of Arizona Strike
Force operations enhanced by the expertise of the USMS.
ATF Contributions
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in conjunction with
the Arizona Strike Force, when resources allow, will assist in identifying and conducting
criminal investigations of firearms dealers and traffickers who support related transnational drug
trafficking organizations, violent gangs, and other groups engaged in criminal activities. The
A TF will target those who traffic in unlicensed and stolen firearms, as well as those related
targets who traffic in or provide firearms to prohibited persons engaged in narcotics trafficking
and other criminal activities throughout the District of Arizona.
B.
To accomplish this mission the OCDETF Arizona Strike Force shall:
1. Maintain and foster an ethos and culture based on the overriding principle of success
through collaboration and cooperation using the prosecutor-led, intelligence-driven, multi-
agency OCDETF model;
2. Initiate investigations targeting the command and control and support elements of
TCOs regardless of their geographic base of operations;
3. Identify, interdict, and seize illicit proceeds being transported and laundered by the
TCOs, regardless of their geographic base of operations, and identify, seize, and forfeit their
criminally derived assets;
4. Locate and apprehend members of the TCOs locally and abroad;
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5. Prosecute, in the District of Arizona and elsewhere, the command and control and
support elements of the TCOs and their networks across the supply chain, including cases that
begin with deaths resulting from drug poisonings or overdoses;
6. Follow OCDETF Program Guidelines and OCDETF Co-located Strike Force Initiative
Guidelines, and pursue OCDETF case designations for federal prosecution, though cases may be
presented for non-OCDETF federal prosecution or local prosecution, if appropriate;
7. Work collaboratively with other OCDETF Strike Forces and the OCDETF Executive
Office; and
8. Work in a complementary role with the Arizona HIDTA.
Article III. LOCATION
A. The OCDETF Arizona Strike Force will be located at the Drug Enforcement
Administration (DEA) Division Office: 3439 E. University Drive, Phoenix, Arizona and DEA
District Office: 6970 S. Palo Verde Road, Tucson, Arizona. The participating agencies will be
co-located at these addresses to the extent practicable. The management, maintenance and
operation of the site are the responsibility of DEA.
B. Any decision by the Operations Committee or Executive Committee to re-locate the
OCDETF Arizona Strike Force shall be done in consultation with, and require the approval of,
the participating agencies.
C. Each participating agency is responsible for costs it incurs as a result ofre-location.
Article IV. AUTHORITIES
A. Authority for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to
enter into this agreement may be found at 28 U.S.C. § 599A, 31 U.S.C. § 6305, and 28 C.F.R. §
0.130.
B. Authority for the Drug Enforcement Administration (DEA) to enter into this
agreement may be found at 21 U.S.C. § 873 and 28 C.F.R. § 0.100.
C. Authority for the Federal Bureau oflnvestigation (FBI) to enter into this agreement
may be found at 28 U.S.C. § 533, 42 U.S.C. § 3771, and 28 C.F.R. § 0.85.
D. Authority for the Department of Homeland Security, Homeland Security
Investigations (HSI), to enter into this agreement may be found under the Homeland Security
Act of2002 (codified in Title 6 of the United States Code) and 19 U.S.C. § 1589a.
E. Authority for the Internal Revenue Service, Criminal Investigations (IRS-CI) to enter
into this agreement may be found under Secretary of the Treasury's authority to investigate
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money laundering operations pursuant to 18 U.S.C. §§ 981, 1956(e), and 1957(e). The Secretary
has delegated that authority to the Commissioner of Internal Revenue where the underlying
conduct is subject to investigation under the Internal Revenue Code or the Bank Secrecy Act, as
amended, 31 U.S.C. §§ 5311-5328.
F. Authority for the United States Marshals Service (USMS) to enter into this agreement
may be found at 28 U.S.C. §§ 564 and 566(e){l){B).
G. Authority for the United States Postal Service, United States Postal Inspection Service
(USPIS) to enter into this agreement may be found at 18 USC § 3061.
Article V. GOVERNANCE STRUCTURE
Participating Strike Force Partners
A. The Arizona Strike Force will consist of the United States Attorney's Office (USAO)
for the District of Arizona and the following federal agencies that shall assign personnel to the
Arizona Strike Force:
1. Customs and Border Protection (CBP)
2. Department of Homeland Security, Homeland Security Investigations (HSI).
3. Drug Enforcement Administration (DEA).
4. Federal Bureau of Investigation (FBI).
5. Internal Revenue Service, Criminal Investigations (IRS-CI).
6. United States Marshals Service (USMS).
7. United States Postal Service, United States Postal Inspection Service (USPIS).
In the future, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) may
agree to assign personnel to the Arizona Strike Force.
B. In addition, state and local law enforcement agencies may agree to assign personnel to
the Arizona Strike Force, including but not limited to,
1. Arizona Army National Guard.
2. Marana Police Department (MPD).
3. Maricopa County Sheriffs Office (MCSO).
4. Pima County Sheriffs Office (PCSO).
5. Scottsdale Police Department (SPD).
C. All agencies that participate in the Arizona Strike Force agree to assign experienced
officers and agents to the Strike Force. During their period of assignment, investigators and
analysts will be under the direct control of their assigned Arizona Strike Force Supervisors.
D. The Arizona Strike Force Executive Committee (Executive Committee), in
consultation with the OCDETF Executive Office, may, by a majority vote of its members, and
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written concurrence of the OCDETF Director, admit new federal, state, or local agencies as
participating agencies in the Arizona Strike Force. Prior to admission, any new participating
agency shall sign and agree to the terms of this Memorandum of Understanding (MOU) through
a written addendum.
E. This MOU shall be reviewed by the Arizona Strike Force Executive Committee every
year at its annual meeting. Further, addendums to the MOU, consistent with the OCDETF Co-
located Strike Force Initiative Guidelines, if any, will be incorporated into the MOU.
Arizona Strike Force Structure and Leadership
Strike Force Investigative and Enforcement Groups
A. The Arizona Strike Force will consist of two Strike Force Investigative Groups, one
based in Phoenix, Arizona and the other in Tucson, Arizona. Each Strike Force Investigative
Group is divided into Strike Force Enforcement Groups. Each of these Strike Force
Enforcement Groups will co-locate and comingle investigators and analysts from various federal
and local agencies, as described above. The Operations Manager (as further described below) of
the Arizona Strike Force will supervise the Strike Force Investigative Groups. The supervisors
of the Strike Force Enforcement Groups will report to the Operations Committee of the Arizona
Strike Force ("Operations Committee") (as further described below). The Operations Committee
will report to the Executive Committee.
B. The DEA, FBI and HSI will each assign an Assistant Special Agent in Charge
(ASAC) to serve on the Operations Committee.
C. There will be two Lead Strike Force Attorneys, one assigned to the Phoenix-based
Strike Force Investigative Group and the other assigned to the Tucson-based Strike Force
Investigative Group. The Lead Strike Force Attorneys (as further described below) will also
serve on the Operations Committee.
D. The DEA, FBI and HSI will each designate supervisors for the Arizona Strike Force
Enforcement Groups. The Operations Committee shall, as appropriate, identify further leadership
roles within the Arizona Strike Force to ensure that the structure accurately reflects the mission
sets and contributions of the participating agencies.
E. In addition to the above leadership assignments, the FBI will assign 20 or more full-
time investigators or analysts to the Arizona Strike Force, the DEA will assign 26 or more full-
time investigators or analysts to the Arizona Strike Force, and· HSI will assign 16 or more full-
time investigators or analysts to the Arizona Strike Force. All agencies agree to assign qualified
agents, officers, and analysts to the Arizona Strike Force, consistent with the Strike Force's
m1ss1on.
F. The USMS, IRSCI, USPIS, and other participating agencies will each assign one or
more fulltime investigators or analysts to the Arizona Strike Force. During the period of
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assignment, all investigators and analysts will be under the direct supervision of the Operations
Manager and their assigned supervisors for the Arizona Strike Force Enforcement Groups.
G. The DEA, HSI, and FBI supervisors shall take the appropriate steps to de-conflict and
coordinate all investigations conducted as part of the Arizona Strike Force program with all
relevant investigating agencies, including the OCDETF Fusion Center (OFC), DEA's Special
Operations Division, the Arizona HIDTA and, when applicable, OCDETF's International
Organized Crime intelligence and Operations Center (IOC2).
Enforcement Group Supervisors
A. The Executive Committee shall be composed of the United States Attorney for the
District of Arizona, the Special Agents in Charge (SAC) of the Department of Homeland
Security, Homeland Security Investigations (HSI), Drug Enforcement Administration (DEA),
Federal Bureau of Investigation (FBI), the Internal Revenue Service, Criminal Investigations
(IRS-CI), and the Inspector in Charge with the United States Postal Inspection Service (USPIS).
The Lead Strike Force Attorneys shall be members of the Executive Committee. The Operations
Manager and Deputy Operations Manager, if any, shall be members of the Executive Committee.
B. The United States Attorney for the District of Arizona shall serve as the Chair of the
Executive Committee.
C. It shall be the function of the Executive Committee to approve any change in the
policies and procedures of the Arizona Strike Force. The Executive Committee will exercise the
decision-making functions described in this MOU and undertake any action necessary for the
effective and continued function of the Arizona Strike Force. In addition, the Executive
Committee will resolve any jurisdictional conflicts that may arise between the Arizona Strike
Force, its participating member agencies, and any other law enforcement entity involved in an
investigation, if the conflict cannot be resolved at the operational or management level of the
Strike Force.
D. The Executive Committee shall seek to resolve any dispute, including any procedural
and policy-related change and any decision to ensure the continued successful operation of the
Arizona Strike Force, through consensus of all members of the Executive Committee. If such
consensus resolution cannot be reached, then the Executive Committee Chair, after consultation
with all other members of the Executive Committee and with the concurrence of the OCDETF
Director, shall determine the resolution of the dispute. The joint decision of the Executive
Committee Chair and OCDETF Director shall be dispositive.
E. No later than 30 days following the end of each federal fiscal year, the Operations
Manager, Deputy Operations Manager, if any, and Lead Strike Force Attorneys, in consultation
with the OCDETF Lead Task Force Attorneys (LTFAs) for the USAO, will submit to the
Executive Committee an annual report. The annual report will include a brief summary of
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Arizona Strike Force investigations for the previous year that resulted in federal or state criminal
charges, the number of priority criminal organizations disrupted or dismantled, individuals
charged in each investigation, a description of the charges, any case dispositions, a description of
contraband, firearms, and financial assets seized and forfeited, and investigations and
prosecutions involving illicit finance and financially focused cases, or an explanation of the lack
of cases.
F. The Executive Committee will host an annual meeting, the purpose of which will be to
ensure the Arizona Strike Force is following the OCDETF Program Guidelines, OCDETF Co-
located Strike Force Initiative Guidelines, and all current Memorandums of Understanding
pertaining to the Arizona Strike Force. Meeting attendees shall include members of the
Operations Committee, the Operations Manager, the Deputy Operations Manager, if any, and all
Enforcement Group Supervisors.
Lead Strike Force Attorneys
A. The United States Attorney for the District of Arizona will designate two Assistant
U.S. Attorneys, funded by OCDETF, to serve as the Lead Attorneys for the Arizona Strike Force
("Lead Strike Force Attorneys"). The Lead Strike Force Attorneys will have significant
investigatory and prosecutorial experience in large-scale, complex, criminal network cases. The
Lead Strike Force Attorneys should be co-located in the Strike Force facilities and shall not be
assigned other duties that would interfere with his/her ability to effectively manage the Strike
Force. The Lead Strike Force Attorneys will have primary responsibility to provide case-related
legal advice to all participating Arizona Strike Force investigators and to prosecute, or oversee
the prosecution of, all Arizona Strike Force federal cases for their assigned investigative group.
In addition, the Lead Strike Force Attorneys will participate in the coordination and facilitation
of all Arizona Strike Force investigations for their assigned investigative group, to include
meetings held at least once a month with the DEA, HSI, and FBI supervisors in their assigned
investigative group. This will ensure that the Arizona Strike Force's investigations and cases
proceed in accordance with its core mission and the OCDETF guidelines. The Lead Strike Force
Attorneys will also serve as an intermediary to resolve any potential operational conflicts
between participating agencies. The Lead Strike Force Attorneys will serve as the primary
Strike Force point of contact for the OCDETF Regional Director and Regional Coordination
Group (RCG). The Lead Strike Force Attorneys will work with the Public Information/Affairs
Officer for his/her U.S. Attorney's Office to ensure that Strike Force media releases are shared
with the OCDETF Executive Office prior to public release. The Lead Strike Force Attorneys
will assist the Chiefs of the Narcotics and Violent Crimes Units in the USAO-DAZ in the
assignment of additional AUSAs to Arizona Strike Force investigations and cases. To that end,
additional AUSAs may be assigned to the Arizona Strike Force permanently or on a case-by-case
basis.
B. For the successful operation of the Arizona Strike Force, the Lead Strike Force
Attorneys will partner with the Operations Manager, and Deputy Operations Manager, if any,
who often have unique insight and visibility into the management of the Arizona Strike Force.
The decision-making for the management of the Arizona Strike Force will be a shared/joint
responsibility of the Lead Strike Force Attorneys and Operations Managers. The Lead Strike
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Force Attorneys and the Operations Managers are accountable to the Arizona Strike Force
Executive Committee for their respective roles in the management and leadership of the Strike
Force. The Lead Strike Force Attorneys and Operations Managers will be jointly responsible for
all reporting requirements, including annual and quarterly reports to the OCDETF Executive
Office and Regional Director, and an annual report to the Arizona Strike Force Executive
Committee.
Operations Manager
A. The Executive Committee will designate a representative from the supervisory
personnel from the DEA, HSI, FBI, IRS-CI, and USPIS to serve as the Operations Manager of
the Arizona Strike Force for a term of two years. The Executive Committee will address the
designation of the Operations Manager at its in-person annual meeting in the year preceding the
expiration of the current Operations Manager's term. The Operations Manager position may
rotate to one of the other federal law enforcement agencies.
B. The Operations Manager will supervise the Arizona Strike Force Investigative Groups.
The Operations Manager will be co-located in the Strike Force facility (in either Phoenix or
Tucson based on his/her area of assignment) and shall not have any additional duties that would
interfere with his/her full-time responsibilities to manage the Strike Force.
C. For the successful operation of the Arizona Strike Force, the Operations Manager will
partner with the Lead Strike Force Attorneys, who often have unique insights into the United
States Attorney's priorities and strategies as a representative of the Attorney General. The
decision-making for the management of the Arizona Strike Force will be a shared/joint
responsibility of the Operations Manager and Lead Strike Force Attorneys. The Operations
Manager and Lead Strike Force Attorneys are accountable to the Arizona Strike Force Executive
Committee for their respective roles in the management and leadership of the Strike Force.
D. The Operations Manager will collaborate with the Operations Committee and will be
subject to oversight by the Executive Committee.
E. The Executive Committee may designate a representative from the supervisory
personnel from one of the DEA, HSI, and FBI led enforcement groups to serve as the Deputy
Operations Manager at the Arizona Strike Force for a term of two years. The Deputy Operations
Manager will assist the Operations Manager and may not be from the same agency as the
Operations Manager.
F. The Operations Manager and Deputy Operations Manager positions shall be at the GS-
14 level or greater.
G. The Operations Manager (with assistance from any Deputy Operations Manager)
shall:
1. Be responsible for the administrative management and interagency coordination of the
participating agencies in the Arizona Strike Force and the Strike Force's physical spaces
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and related issues (i.e., lease/rent, IT matters, building utilities, infrastructure,
maintenance, sanitation, office supplies, parking, etc.);
2. Coordinate matters relating to the annual and supplemental budgets of the Arizona
Strike Force in consultation and coordination with the Lead Strike Force Attorneys; and
3. Jointly with the Lead Strike Force Attorneys, be responsible for all reporting
requirements, including annual and quarterly reports to the OCDETF Executive Office
and Regional Director, and an annual report to the Arizona Strike Force Executive
Committee.
Operations Committee
A. The Arizona Strike Force will include an Operations Committee. The DEA, FBI and
HSI shall each designate an Assistant Special Agent in Charge (ASAC) or the equivalent to serve
on the Operations Committee. The other participating state/local agencies (if desired) may also
designate a high-level supervisor to serve on the Operations Committee. The Operations
Manager shall serve on the Operations Committee. The Lead Strike Force Attorneys serve as the
Co-Chairs of the Operations Committee.
B. The Operations Committee shall report to the Executive Committee and shall be
responsible for operational oversight of investigations and setting Arizona Strike Force
investigative priorities consistent with the Arizona Strike Force mission, the OCDETF Co-
located Strike Force Initiative Guidelines, and the OCDETF Program.
C. The Operations Committee will be responsible for operational issues including, but not
limited to, determining targeting priorities, coordination of prosecutorial priorities with other
prosecution authorities, and leveraging Strike Force resources with the OCDETF Executive
Office, the OCDETF Regional Director, and the OCDETF LTF As. Operational authority is not
tactical authority. Tactical decision-making authority (i.e., when/how to execute a search warrant
or managing surveillance, etc.) rests with law enforcement group supervisors in direct command
of enforcement groups and their respective chains-of-command. Additionally, the OCDETF
L TF As will consult with the members of the Operations Committee regarding the United States
Attorney Office for the District of Arizona's decisions made related to prosecuting or declining
Strike Force matters.
D. The Operations Committee shall participate in the coordination of all Arizona Strike
Force investigations. The Operations Committee shall ensure that all Strike Force personnel
comply with home agency guidance on information sharing and utilize all relevant law
enforcement intelligence and targeting centers available to them to illuminate all criminal
networks. This will ensure that the Arizona Strike Force's investigations and cases proceed in
accordance with its core mission, OCDETF Program Guidelines, and OCDETF Co-located
Strike Force Initiative Guidelines.
E. The Operations Committee shall work together to resolve any disputes through
consensus of the members of the Operations Committee. The Lead Strike Force Attorneys will
Page 13 of26
also serve as intermediaries to resolve any potential operational conflicts between participating
agencies. If a dispute cannot be resolved by the Operations Committee, the matter shall be
presented to the Executive Committee for resolution.
Article VI. OPERATIONAL AND ADMINISTRATIVE PROCEDURES
A. The Arizona Strike Force shall comply with all policies and procedures of the
OCDETF Program, including the OCDETF Program Guidelines and OCDETF Co-located Strike
Force Initiative Guidelines3, as issued by the OCDETF Executive Office and the OCDETF
Southwest Regional Coordination Group (defined in the OCDETF Program Guidelines). The
OCDETF Program Guidelines and OCDETF Co-located Strike Force Initiative Guidelines are
incorporated herein and can be accessed via an OCDETF Management Information Systems
(MIS) account.
B. The DEA, FBI and HSI may assign Special Agents, Diversion Investigators, and U.S.
Marshals Service Inspectors or Deputy Marshals ( collectively described as "investigators") to the
Arizona Strike Force. The DEA, FBI, and HSI may deputize state or local law enforcement
officers to serve as federal Task Force Officers assigned to the Arizona Strike Force on a full-
time or case-specific basis, provided that:
1. The deputizing federal agency is a member of the Arizona Strike Force;
2. The deputizing federal agency has at least one federal agent assigned to the Arizona
Strike Force; and
3. The state or local law enforcement officer(s) remains in good standing with the
deputizing federal agency.
C. Participating state and local law enforcement agencies may assign their own law
enforcement officers to the Arizona Strike Force. If such officers are not already federally
deputized Task Force Officers, they may be federally deputized by the DEA, FBI, or the USMS,
pursuant to 21 U.S.C. § 878. Such deputized Task Force Officers shall adhere to all the
regulations, policies, and procedures of their parent agency. Any conflict between the
regulations, policies, and procedures of the participating state or local law enforcement agency
and those of the parent agency shall be resolved by the Special Agent in Charge of the parent
agency and the chief law enforcement officer of the participating state or local law enforcement
agency. Failure to comply with any of the regulations, policies, and procedures of the parent
agency will be grounds for disciplinary review by the parent agency concerned.
3 This compliance specifically encompasses information within the OCDETF Co-located Strike Force Initiative
Guidelines outlined in Chapter 6 concerning performance management, accountability, and reporting requirements
and in Chapter 7 concerning Freedom oflnformation Act, Strike Force visits, and Media/Press.
Page 14 of 26
D. As required by OCDETF Program Guidelines and consistent with OCDETF priorities,
personnel assigned to the Arizona Strike Force shall include a financial investigation as part of
each case.
E. Conflict resolution: It shall be the function of the Arizona Strike Force Executive
Committee to approve any change in the policies and procedures of the Arizona Strike Force.
The Arizona Strike Force Executive Committee will exercise the decision-making functions
described in this MOU and undertake any action necessary for the effective and continued
function of the Arizona Strike Force. In addition, the Arizona OCDETF Strike Force Executive
Committee will resolve any jurisdictional conflicts, which may arise between the Arizona Strike
Force; its participating member agencies, and any other law enforcement entity involved in an
investigation, if the conflict cannot be resolved at the operational or management level of the
Arizona Strike Force. Any procedural and policy-related change and any decision to ensure the
continued successful operation of the Arizona Strike Force must be approved by a simple
majority of the Executive Committee members to become effective, provided that a quorum of
Arizona Strike Force Executive Committee members are present at such time that the Executive
Committee's decision-making function is exercised. In the case of a vote resulting in a tie, the
United States Attorney for the District of Arizona shall make the final decision on any issue
before the Executive Committee.
F. Agency responsibility. The parties to this MOU agree that each party is responsible for
the negligent and wrongful acts and omissions of its employees. The parties to this MOU agree
to notify each other of any administrative, civil, or criminal claim arising out of an activity
conducted pursuant to this MOU. Nothing in this paragraph prevents any party from conducting
an independent review of the incident giving rise to such a claim. All parties agree to cooperate
fully with one another in the event of an official investigation arising from alleged negligence or
misconduct arising from acts related to this MOU. Nothing herein should be construed as
supplanting any applicable statute, rule, or regulation.
G. Compliance with Federal Acts. All members of the Arizona OCDETF Strike Force
shall comply with Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act, as incorporated in the Civil Rights Act of
1991, and requirements imposed by, or pursuant to, the regulations of the United States
Department of Justice implementing those laws, 28 C.F .R. part 42 (Subparts C, D, F and G), 28
C.F.R. § 50.3.
H. Agency reporting systems and procedures. It is the responsibility of the participating
agencies to ensure all reports and documentation are provided in a timely manner to the
prosecuting agency in accordance with the rules of discovery and disclosure. All reporting
systems and investigative and administrative procedures will be consistent with those used by the
respective participating agencies in conducting investigations and in preparing related reports
and documentation. Efforts will be made to avoid unnecessary duplication of investigative
reports by Arizona Strike Force members. Subject to legal and policy restrictions, copies of all
pertinent investigative reporting and documents will be furnished to other Arizona Strike Force
participants, who will seek permission from the authoring agency before releasing such reports
and documents outside the Arizona Strike Force.
Page 15 of26
I. Sophisticated investigative techniques. All investigators assigned to the Arizona Strike
Force will comply with all rules, regulations, and procedures set forth by their parent agency,
including, but not limited to, provisions related to electronic surveillance and the use of
undercover operations. The use of undercover operations shall be consistent with the
administrative guidelines of the parent agency sponsoring the activity and approved through the
parent agency's ASAC supervising a given operation and the Operations Manager. Wiretaps
shall be conducted pursuant to the administrative standards of the affiant's parent agency. The
affiant's parent agency shall be responsible for the payment of wiretap technical connections and
monitoring costs. In the event the affiant's parent agency does not have the resources available,
or the parent agency's ASAC supervising the investigation otherwise deems it not in the best
interests of the affiant's parent agency to underwrite the costs for a particular wiretap, any other
participating federal agency may agree to pay expenses for the wiretap.
J. Evidence processing and testimony. It is the responsibility of the participating
agencies' assigned case agent to confer with the Lead Strike Force Attomey(s) or assigned
prosecutor after evidence is gathered to identify any foreseeable legal issues related to the
handling of evidence. All drug evidence acquired through federal investigations conducted by
the Arizona Strike Force shall be submitted to the DEA Laboratory for analysis and storage. The
DEA Laboratory personnel shall be available to furnish expert testimony, provided any expert
testimony sought by the Arizona Strike Force is within their particular areas of expertise. All
firearms evidence acquired through federal investigations conducted by the Arizona Strike Force
shall be submitted to the FBI or ATF laboratories or other designated laboratory for forensic
examination, tracing, and a test firing. A specimen for each test-fired weapon will be sent to an
appropriate law enforcement laboratory for input and comparison in the National Integrated
Ballistic Information Network (NIBJN). All other non-drug evidence will be handled
consistently with the policies and procedures of the parent agency of the investigator making the
seizure.
K. Personnel policies, immunities, and protections. With the exception of those state and
local officers who have been deputized by DEA, FBI, or the USMS as described above, each
agency employee assigned to the Arizona Strike Force will remain subject to the personnel rules,
regulations, laws and policies applicable to his or her respective agency and shall be entitled to
those immunities and protections as provided by applicable state and local law. Unless
specifically addressed herein, the parties to this MOU agree to be responsible for the negligent or
wrongful acts or omissions of their respective employees to the extent required by law. Duly
sworn task force officers acting within the scope of their employment maintain the same limited
immunity from suit as special agents and have same entitlement to Department of Justice
representation as the special agent with whom they work. Legal representation by the United
States is determined by the Department of Justice on a case-by-case basis. The parties cannot
guarantee that the United States will provide legal representation to any Federal employee or
deputized task force officer. Liability for any conduct undertaken by Arizona Strike Force
members outside the scope of their assigned duties and responsibilities under this MOU shall be
the sole responsibility of the respective employee or agency involved and shall not be the
Page 16 of26
responsibility of any of the other agencies that are party to this MOU. The MOU is not intended
to create any private rights or any cause of action against or involving any of the participating
agencies.
L. Alleged misconduct or breach of integrity. All complaints, allegations, or information
relative to alleged misconduct or breaches of integrity involving Arizona Strike Force members
while in the performance of Arizona Strike Force duties will be investigated by, and in
accordance with the rules and guidelines of, the member's parent agency. In all instances, the
member's parent agency will make a notification of the results of any such investigation to the
Operations Manager. It is understood that this policy is flexible and that initial decisions with
respect to who will investigate allegations are not binding and are subject to re-evaluation based
on the circumstances, which may be disclosed during an inquiry.
M. Critical Incidents/Shootings. In the event of an agent/officer shooting or other critical
incident involving member(s) of the Arizona Strike Force, which is the direct result of an
Arizona Strike Force investigation, the "Primary Jurisdiction Agency" will be the agency whose
agent/officer was involved in the shooting or other critical incident. The Primary Jurisdiction
Agency will have responsibility for the coordination of the criminal investigation or designate
the agency that will coordinate the investigation. The Primary Jurisdiction Agency will agree to
allow any other Arizona Strike Force participating agency involved in the incident to conduct a
collateral administrative investigation provided that the collateral investigation does not interfere
with or jeopardize the Primary Jurisdiction Agency's investigation. If more than one agency is
involved in a shooting or other critical incident, the participating agencies may agree to share any
information resulting from the collateral investigation(s), consistent with the sharing
participating agency's rules and regulations. Each respective agent/officer's deadly force policy
will be in effect for their Arizona Strike Force members. A criminal or administrative
investigation of an Arizona Strike Force member involved in a shooting or other critical incident,
as described in this paragraph, is not intended to replace or otherwise substitute for an
investigation by the appropriate local law enforcement agency where the shooting occurs.
N. Information sharing. No information possessed by any of the participating agencies
may be disseminated by Arizona Strike Force members to non-OCDETF personnel without the
approval of that member's parent agency's legal department or other entity authorized to
approve such disclosures. All parties agree that they may audit the handling and maintenance of
data in electronic and paper record keeping systems of their own agency to ensure that
appropriate security and privacy protections are in place.
Article VII. GENERAL PROVISIONS
A. This Arizona Strike Force MOU shall be effective upon execution (signature) by all
parties listed as signatories hereto. This MOU will remain in effect until such time as all parties:
1.) Enter into a new MOU; 2.) Revise the MOU in writing; 3.) Rescind this MOU in writing
within 180-days' advance written notice to the Executive Committee; or 4.) The Arizona Strike
Force is disbanded by the OCDETF Director with 180-days' advance written notice to the
Executive Committee. If the Strike Force is disbanded, the former Strike Force will no longer
receive any OCDETF funding or equipment and will no longer use any OCDETF signage or
Page 17 of26
seal(s). Further, if disbanded, OCDETF may not support investigations or prosecutions from the
former Strike Force and may not support state/local overtime expenses associated with
investigations generated by the former Strike Force. Any party, other than OCDETF, may
terminate its individual involvement in this MOU with or without cause by giving 90 days'
advance written notice to the Executive Committee.
B. Nothing herein shall be construed as creating any personal liability on the part of any
officers or agents of any party, nor shall it be construed as giving any rights or benefits hereunder
to anyone other than the parties to this MOU. This MOU shall not be construed as, or deemed to
be, an MOU for the benefit to any third parties and no third parties shall have any right of action
hereunder for any cause whatsoever.
C. This MOU constitutes the sole agreement between the parties. No representation oral
or written not incorporated herein shall be binding upon the parties. No amendment or
modifications of this MOU shall be enforceable unless such amendment or modification is in
writing and approved by official action of all parties to this MOU.
D. If any provision of the MOU is held to be unenforceable for any reason, the remainder
of this MOU shall remain in full force and effect and enforceable in accordance with its terms.
E. Nothing in this MOU shall constitute an agreement for, or provision of, the obligation
or exchange of funds between the participating agencies, nor does it make any commitment of
funds or resources except as outlined in the MOU. All participating agencies will be responsible
for fiscal obligations incurred by their personnel on investigations not directly related to Arizona
Strike Force operations while a member of the Arizona Strike Force.
F. During the period of assignment to the Arizona Strike Force, all participating state and
local agencies will remain responsible for establishing the salary and benefits, including
overtime, of their officers assigned to the Arizona Strike Force and for making payments due to
them. Any participating state or local agency may enter into an agreement with an eligible
sponsoring federal agency and the OCDETF Executive Office pursuant to the OCDETF State
and Local Overtime and Authorized Expense Program for reimbursement of the actual overtime
wage payments made to participating state and local officers assigned to the Arizona Strike
Force (the Sponsoring Agreement). All Sponsoring Agreements must be approved by the
OCDETF Executive Office and are subject to availability of funds from the Southwest Regional
Coordination Group.
G. State and Local participating agencies shall maintain on a current basis complete and
accurate overtime records and accounts of all obligations and expenditures of overtime funds
under the Sponsoring Agreement in accordance with generally accepted accounting principles
and instructions provided by the OCDETF Executive Office to facilitate onsite inspection and
auditing of such records and accounts.
H. Participating state and local agencies shall permit and have readily available for
examination and auditing by the Arizona Strike Force Executive Committee, the United States
Department of Justice, the Comptroller General of the United States, and any of their duly
Page 18 of26
authorized agents and representatives, any and all records, documents, accounts, invoices,
receipts or expenditures relating to the Sponsoring Agreement. In addition, all participating
agencies shall maintain all such foregoing reports and records until all audits and examinations
are completed and resolved, or for a period of six years and three months after the close of each
fiscal year, whichever is later.
I. Participating state and local agencies will not charge any indirect cost rate to any other
participating agency, for the administration or implementation of this MOU during the time
thereof.
J. The participating state and local agencies agree that an authorized officer or employee
will execute and return to the Operations Manager an OJP Form 406116, Certification Regarding
Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace
Requirements. The participating state and local agencies acknowledge that the Sponsoring
Agreement will not take effect and no federal funds will be awarded to the participating state and
local agency until the completed certification is received.
K. All equipment purchased with OCDETF resources on behalf of the Arizona Strike
Force by its participating agencies must be made available for sole use by the Arizona Strike
Force. Equipment purchased must follow the participating agency's procurement, usage, and
retirement procedures but usage for the entirety of the equipment's lifecycle must solely be for
the Arizona Strike Force.
L. The parties agree that written concurrence of the OCDETF Director or his/her
designee is required prior to modification or reallocation of resources within the Arizona Strike
Force, as well as any changes to this MOU. This includes, but is not limited to, the adding or
changing of the make-up of any enforcement group(s) or change in the Arizona Strike Force
mission, the relocation of any enforcement groups, or any other change to the structure or
operations of the Arizona Strike Force. Similarly, no alterations to resource allocations are
permitted without written concurrence of the OCDETF Director.
M. Participating agencies shall provide vehicles for officers and agents assigned to the
Arizona Strike Force. Participating agencies are responsible for gasoline, routine maintenance,
repairs, and other costs associated with these vehicles. Participating agencies are also responsible
for firearms, ammunition, protective gear, and other equipment necessary for the proper
performance of their personnel assigned to the Arizona Strike Force.
N. Should the signatories to this MOU agree to disband the Arizona Strike Force, this
MOU may be rescinded in its entirety with 180-days' advance written notice to the Executive
Committee, which, in tum, will consult with the OCDETF Executive Office. Upon receipt of
such a Notice of Intent to Disband, a dissolution date will be set by the Arizona Strike Force
Executive Committee. Billings for all outstanding obligations shall be received by the
Operations Manager within 90 days following the dissolution date set by the Executive
Committee.
Page 19 of26
0. Unless otherwise agreed to by the Arizona Strike Force and the fiduciaries, if any,
each agency participating in this MOU shall be solely responsible for all costs and expenses
incurred to accomplish its responsibilities under this MOU, and each participating agency shall
obtain all necessary approvals and/or appropriations from its governing bodies and/or executive
officers to accomplish such responsibilities in a timely manner. Each agency participating in this
MOU shall be solely responsible for providing all labor that may be necessary to accomplish its
responsibilities under this MOU, whether through employees, agents, contractors, volunteers, or
other third parties.
P. Any notice required to be delivered by this section shall be deemed to have been
received when the notice has been communicated successfully by the OCDETF Director, the
Chair (or Co-Chairs if more than one) of the Arizona Strike Force Executive Committee, the
Special Agents in Charge (SAC) from any participating federal agency, the United States
Marshal( s ), the Director( s) of any participating HIDT A( s ), or the senior official ( Chief, Sheriff,
Commander, Director, etc.) from any participating state or local agency.
Q. Officers of federal, state, and local enforcement agencies assigned to the Arizona
Strike Force shall work with Assistant United States Attorneys in civil, criminal, and parallel
forfeiture proceeding~.
Article VIII. ASSET FORFEITURE AND SHARING
A.
Assets seized during Arizona Strike Force investigations will be forfeited
pursuant to federal law.
1. If the lead agency for an investigation is a DOJ component agency or is a DOJ
Participant agency, then the asset will be processed pursuant to the DOJ guidelines. If
the lead agency is a Treasury component agency or a Treasury Participant agency,
then the asset will be processed pursuant to the Treasury guidelines. If neither, then
the Operations Manager and the LSF A will decide after consulting with the non-
DOJ/Treasury Lead Agency. The lead agency for an investigation will be determined
by which Strike Force Group the lead investigator is assigned at the beginning of the
investigation.
2. Equitable sharing of forfeited assets with state and local agencies, and a federal
agency's use of the Federal Contribution Form, shall follow the most current version
of the joint DOJ and Treasury guidelines for equitable sharing. Those guidelines are
published in the Guide to Equitable Sharing for State, Local, and Tribal Law
Enforcement Agencies (hereinafter referred to as DOJ/Treasury Guide) and may be
supplemented by the Attorney General or the Secretary of the Treasury. The joint
guidelines address all major aspects of equitable sharing with state and local agencies,
and the use of the Federal Contribution Form by federal agencies. The Strike Force
understands that in order for its member law enforcement agencies to receive shared
funds, the member agency must be compliant with Program guidelines and reporting
requirements. Each member agency's Agency Head and Governing Body Head must
annually sign the member agency's Equitable Sharing Agreement and Certification
Page 20 of26
(ESAC). By signing and submitting the ESAC, each member agency and its
jurisdiction agree to abide by all policies set forth in the current DOJ/Treasury Guide
and all subsequent updates.
3. Financial Management Requirements: Equitable sharing funds are awarded to each
member agency to be spent at the discretion of the recipient agency. All federally
shared funds received by each member agency will be maintained in separate revenue
accounts/accounting codes by each member agency's jurisdiction. These funds will
be treated in the same manner as appropriated funds, including procedures for all
procurement and approval processes and inclusion in all single audit requirements by
the jurisdiction.
4. Equitable sharing (or distributions to another federal agency using the Federal
Contribution Form), may occur using one of two methods: (1) based upon each
agency's direct contribution to the seizure and forfeiture based upon their work hours
and qualitative factors; or (2) in accordance with pre-determined sharing percentages
as stipulated in this MOU.
a. This Arizona Strike Force MOU will determine sharing (distributions) based
upon Work Hours and Qualitative Factors.
b. Percentages allocated to a law enforcement agency must bear a reasonable
relationship to the agency's direct participation in the law enforcement effort
resulting in the federal forfeiture. The deciding authority ordinarily determines
percentages by comparing the number of work hours expended by each agency
participating in the federal forfeiture, including all federal, state, local, and
tribal agency contributions.
c. Where the work hours alone do not reflect the contribution of a law
enforcement agency, the deciding authority considers qualitative factors in
making adjustments to the sharing percentage. For examples of qualitative
factors the deciding authority will consider, see the above referenced
DOJ/Treasury Guide to Equitable Sharing. Qualitative factors may warrant an
increase or decrease in the percentage awarded to an agency. The deciding
authority has discretion to determine on a case-by-case basis whether and how
much to adjust the sharing allocation.
5. No sharing request or recommendation, including shares listed in this MOU, or any
other agreement, is final until approved by the federal deciding authority.
B.
In cases involving foreign assistance, domestic sharing occurs after all
international sharing is completed. In addition, the task force understands that sharing is only
available from remaining net proceeds after recovery of government expenses and payment of
victim compensation.
Page 21 of26
C.
If the Arizona Strike Force is disbanded, all awarded funds remain with the
member agencies, in accordance with Department of Justice Criminal Division's Money
Laundering and Asset Recovery Section (MLARS) or Department of the Treasury Executive
Office for Asset Forfeiture (TEOAF) procedures.
Article IX. FREEDOM OF INFORMATION ACT POLICY
A. The information contained in this document is law enforcement sensitive and for
official use only. The information contained in this document is subject to the access and release
provisions of the Freedom oflnformation Act (FOIA), 5 U.S.C. § 552 and the Privacy Act of
1974, and retention provisions of the Federal Records Act, 44 U.S.C. Chap. 31.
B. The Lead Strike Force Attorneys and Operations Managers shall jointly and promptly
forward all FOIA requests about Arizona Strike Force management or operations to OCDETF
FOIA within the Executive Office at ocdetf.foia@usdoj.gov for processing pursuant to the
relevant Department of Justice guidelines.
Article X. STRIKE FORCE VISITOR POLICY
A. The parties agree that to ensure proper coordination within the Department of Justice
and with and through all interagency partners, all visits to the Arizona Strike Force by senior
officials will be coordinated with the OCDETF Executive Office.4
B. Senior officials include, but are not limited to, United States Attorneys, all members of
the Senior Executive Service, Special Agents in Charge of federal law enforcement agencies,
Flag/General Officers of any branch of the U.S. Military, senior leaders of multi-agency centers,
high-ranking officials/officers of foreign law enforcement partners, and elected officials.
C. The Lead Strike Force Attorneys and Operations Managers will jointly provide notice
to the OCDETF Executive Office regarding such visits no less than seven days prior to the
scheduled visit.
Article XI. MEDIA/PRESS POLICY
A. The parties agree that the Arizona Strike Force will follow the Department of Justice's
media policy and guidelines for all investigations that are federal in nature or anticipated to be
prosecuted by the U.S. Attorney's Office. Any Arizona Strike Force participating agency must
coordinate with the Public Information/Affairs Officer in the U.S. Attorney's Office to arrange
any media availability, statements, interviews, press releases, or press conferences. The U.S.
Attorney's Office will coordinate any media availability, statements, interviews, press releases,
or press conferences with the OCDETF Executive Office.
B. The parties agree that any press release or statement made by any member agency that
discusses an Arizona Strike Force investigation will contain the following language (as
4 This mandatory notice provision does not apply to members of the Arizona Strike Force Executive Committee.
Page 22 of26
previously approved by the DOJ Office of Public Affairs) to ensure all members are
acknowledged, regardless of whether they were an active participant in the instant investigation:
This [insert operation/prosecution/other law enforcement activity] is part of an
Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force
Initiative, which provides for the establishment of permanent multi-agency task
force teams that work side-by-side in the same location. This co-located model
enables agents from different agencies to collaborate on intelligence-driven,
multi-jurisdictional operations to disrupt and dismantle the most significant drug
traffickers, money launderers, gangs, and transnational criminal organizations.
The OCDETF Arizona Strike Force is comprised of agents and officers from
Customs and Border Protection (CBP), the Department of Homeland Security,
Homeland Security Investigations (HSI), the Drug Enforcement Administration
(DEA), the Federal Bureau of Investigation (FBI), the Internal Revenue Service,
Criminal Investigations (IRS-CI), the United States Marshals Service ([ISMS), the
United States Postal Service, United States Postal Inspection Service ([JSPIS), the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Arizona Army
National Guard, the Maricopa County Sheriff's Office (MCSO), Pima County
Sheriff's Office (PCSO), and the Scottsdale Police Department (SPD) and the
prosecution is being led by the Office of the United States Attorney for the District
of Arizona.
Article XII. [RESERVED FOR ADDITIONAL PARTICULAR PROVISIONS]
A. [Reserved]
B. [Reserved]
C. [Reserved]
Page 23 of26
IN WTINESS WHEREOF, the parties hereto have caused this MOU to be executed each
signature to be considered as an original by their authorized representative, on the date affixed to
the right of their signature.
ll9tallyslgned by GARY
~ r· •~
RESTAINO
~
"'---._
0811!: 2024D7.03 1Q36:08
-0700'
Date:
------------
--------
Gary M. Restaino
United States Attorney
DistrictofArirona
Digitally signed by
CHERYL OZ g~t~io\~ii,.30
15:46:16 -07'00'
Date:
------------
--------
Cheri A. Oz
Special Agent in Charge
Drug Enforcement Administration
BRIAN
=sloned
Brian J. Driscoll Jr. DRISCou::!~oa.ol
Cll:1'2J17.(J7'/X1 Date:
------------
- - ------
Brian J. Driscoll, Jr.
Acting Special Agent in Charge
Federal Bureau of Investigation
FRANCISCO B BURROLA DlgltallyslgnedbyFRANCISCOBBURROLA
'flfiiJ~24.08.06 11 :20:23 -07'00'
------------
Francisco B. Burrola
Special Agent in Charge
Department of Homeland Security,
Homeland Security Investigations
VAN
BAYLESS
Digitally signed by VAN
BAYLESS
.Date: 2024.08.13
09:08:25 -07'00'
Date:
------------
---------
Van Bayless
Acting United States Marshal
United States Marshals Service
Page24 of26
Messick
Carissa L
Carissa Messick
Digitally signed by Messrc8
Corissa L
Date: 2024.08.21 13:49:33
-01'00'
Date:
Special Agent in Charge
----------
Internal Revenue Servjce, Criminal Investigation
Glen
Henderson
Olgltally signed by Glen
Henderson
Date: 2024.09.04 17:37:14
•07'00'
Date:
--------------
----------
Glen Henderson
Inspector in Charge
United States Postal Inspection Service
L
Digitally signed by
L
BRENDAN IBER
Date: 2024.09,05 16:04:45
-07'00'
Date:
--------------
----------
Brendan D. lber
Special Agent in Charge
Bureau of Alcohol, Tobacco, Firearms, and Explosives
HI ER.SCOTT.HAY ./0o'ir.1.ts.ms901043
ES.1155901043 2;34oi.,orn l<>-3•:z•
Date:
--------------
----------
Scott Hier
Colonel
Arizona National Guard
Date:
--------------
----------
Russ Skinner
Maricopa County Sheriff
Maricopa County Sheriffs Office
Date:
--------------
----------
ChrisNanos
Pima County Sheriff
Pima County Sheriffs Office
Page 25 of26
10/28/2024
___________ Date: ________ _
Jeff Walther
Scottsdale Police Chief
Scottsdale Police Department
~e.~,., 1obi(;;;1&?i
Je
I
Marana Po ice Chief
Marana Police Department
Date:
-----------
---------
Thomas W. Padden
Acting Director
OCDETF Executive Office
U.S. Department of Justice
Page 26 of26
Drug Enforcement Administration
Organized Crime Drug Enforcement Task Force (OCDETF)
Memorandum of Understanding
Maricopa County
_____________________________________________
Jack Sellers
Date
Chairman of the Board of Supervisors
ATTEST:
_____________________________________________
Juanita Garza
Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM
This ____ day of ____________________, 20__
By: ___________________________________
Deputy Maricopa County Attorney
26a