Which federal agency prosecutes drug trafficking cases?

DEA agents arrested you. Now you’re asking: “Does DEA prosecute my case?” No. The U.S. Attorney’s Office prosecutes federal drug trafficking cases – not DEA, not FBI, not ATF. This distinction matters because the prosecutor controls your charges, your plea deal, and how many years you face. Thanks for visiting Spodek Law Group – a second generation law firm with over 50 years of combined experience. Our managing partner, Todd Spodek, has many, many, years of experience defending clients in federal drug trafficking cases. Todd has represented clients in high-profile cases covered by NY Post, Newsweek, and other national outlets – including Anna Delvey and juror misconduct allegations in the Ghislaine Maxwell trial. Which agency prosecutes, the difference between investigation and prosecution, how multiple agencies work together, and why this matters to your defense.

The U.S. Attorney’s Office Prosecutes Federal Drug Cases, Not DEA

You need to understand two different functions: investigation and prosecution. Investigation agencies arrest you and gather evidence. The prosecution agency files charges and argues your case in federal court. These are NOT the same.

The U.S. Attorney’s Office prosecutes ALL federal drug trafficking cases. The U.S. Attorney’s Office is part of the Department of Justice Criminal Division. There are 94 U.S. Attorney’s Offices across the country – one for each federal district. Assistant U.S. Attorneys (AUSAs) are the prosecutors who handle your case.

What U.S. Attorneys do: File indictments under 21 U.S.C. § 841. Control the grand jury. Decide what charges to file against you. Decide how many years to seek at sentencing. Negotiate plea deals. Argue your case in federal court. Make cooperation agreements. Recommend sentences to the judge.

DEA arrested you? The case still goes to the U.S. Attorney’s Office for prosecution. FBI investigated? U.S. Attorney prosecutes. ATF added gun charges? U.S. Attorney handles everything in court. The investigation agency builds the case. The U.S. Attorney decides your fate.

Real example: DEA arrests you with 500 grams of cocaine. DEA agents write reports, collect evidence, conduct wiretaps. DEA refers your case to the U.S. Attorney’s Office for the Eastern District of New York. An Assistant U.S. Attorney reviews the evidence and decides to charge you with trafficking under 21 U.S.C. § 841(a)(1). The grand jury (controlled by the AUSA) returns an indictment. The AUSA prosecutes you in federal court – not the DEA agent who arrested you. The AUSA decides whether to offer a plea deal, what sentence to recommend, whether to file enhancements.

DEA, FBI, ATF, and HSI Investigate – They Don’t Prosecute

Multiple federal agencies investigate drug trafficking. They arrest you, gather evidence, write reports, testify at trial. But none of them prosecute you. All cases go to the same prosecutors: U.S. Attorney’s Office.

DEA (Drug Enforcement Administration) is the primary federal drug enforcement agency. Single-mission agency – enforcing drug laws only. DEA investigates all types of drug trafficking: cocaine, heroin, methamphetamine, fentanyl. DEA makes arrests, conducts undercover operations, executes search warrants, runs wiretaps. DEA builds the case file and refers it to prosecutors.

FBI investigates drug trafficking connected to organized crime, gangs, terrorism, violent crimes. Multi-mission agency – drugs plus other federal crimes. FBI works through Organized Crime Drug Enforcement Task Forces. FBI focuses on high-level traffickers, cartels, racketeering organizations.

ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) investigates drug trafficking when firearms are involved. “Armed drug trafficker” cases. Drug/gun nexus. If you’re caught with drugs AND guns, ATF gets involved. ATF adds federal gun charges to drug charges.

HSI (Homeland Security Investigations) investigates drug trafficking at borders, international smuggling, cartel operations crossing borders. Immigration-related drug cases. HSI focuses on transnational criminal organizations bringing drugs into the United States.

What’s the difference between DEA and FBI? DEA focuses exclusively on drugs. FBI investigates drugs when connected to other federal crimes – organized crime, gangs, money laundering, racketeering. DEA arrests street-level and mid-level traffickers. FBI targets cartels and organized crime networks. But both agencies refer cases to the same prosecutors: U.S. Attorney’s Office.

Real 2025 example: Eastern District of Washington – U.S. Attorney’s Office, DEA, and local partners charged 21 individuals on May 8, 2025. DEA + local police investigated and arrested. U.S. Attorney’s Office filed federal charges and prosecuted in court.

Multi-Agency Task Forces: OCDETF Coordination

You’re asking: “Why are so many agencies involved in my case?” Because major drug trafficking investigations use multi-agency task forces coordinated by federal prosecutors.

Organized Crime Drug Enforcement Task Forces (OCDETF) coordinate DEA, FBI, ATF, HSI, IRS Criminal Investigation, U.S. Marshals Service. OCDETF is a prosecutor-led operation. The U.S. Attorney’s Office leads the task force. Multiple investigation agencies work together under prosecutor supervision. This targets high-level traffickers, cartels, organized crime networks.

Operation Take Back America (2025): Nationwide DOJ initiative marshaling full federal resources to eliminate cartels and transnational criminal organizations. U.S. Attorney’s Offices lead prosecutions. OCDETF provides coordination. Multiple agencies investigate under prosecutor direction.

Real 2025 examples: South Dakota U.S. Attorney’s Office charged 88 defendants between April and August 2025 for cocaine, fentanyl, and methamphetamine trafficking. Operation Snowy Ridge – 16 defendants arrested in two-day multi-agency takedown. Indianapolis and Phoenix – 19-agency operation on June 13, 2025, resulting in 19 arrests at 21 locations.

In every case, multiple agencies investigate BUT the U.S. Attorney’s Office prosecutes. The prosecutor decides what charges to file, coordinates the investigation, controls the grand jury, handles plea negotiations, argues at trial.

The U.S. Attorney Has the Power – Not the DEA Agent

Why does this matter to your defense? Because the U.S. Attorney’s Office has MORE power over your case than the DEA agent who arrested you.

Investigation agencies (DEA/FBI/ATF/HSI) gather evidence, make arrests, write reports, testify at trial, recommend charges. But they don’t DECIDE charges. They don’t CONTROL plea deals. They don’t ARGUE sentences.

The U.S. Attorney’s Office DECIDES what charges to file. Trafficking vs possession. How much quantity to charge (which determines mandatory minimums). Whether to add enhancements (prior convictions, weapons, death/injury). Whether to offer a plea deal. What plea terms to accept. What sentence to recommend to the judge. Whether to file a § 5K1.1 substantial assistance motion (cooperation departure).

Who your defense attorney negotiates with: The Assistant U.S. Attorney. NOT the DEA agent. NOT the FBI investigator. Your lawyer negotiates charges, plea deals, sentencing recommendations with the prosecutor – because prosecutors control these decisions.

The federal government has enormous power in drug prosecutions – DEA arrests you, FBI investigates you, ATF adds gun charges, and the U.S. Attorney’s Office decides your fate. Your Constitutional rights are the only check on that power. Fourth Amendment protections against illegal searches. Fifth Amendment right to remain silent. Sixth Amendment right to counsel. These aren’t technicalities – they’re what stop federal prosecutors from steamrolling every defendant.

Unlike other law firms who are more focused on their relationship with prosecutors and judges, Spodek Law Group owes loyalty only to you – and getting you the possible outcome. Our founding partner, Todd Spodek, is a second-generation attorney who has represented clients in high-profile federal cases covered by NY Post, Newsweek, Fox 5, Business Insider, and Bloomberg. In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey. Understanding which agency prosecutes you is understanding who has power over your case. The decisions you make in the first hours after arrest determine your relationship with federal prosecutors. We are available 24/7 at 212-300-5196. Call us before you make any statements to federal agents.