Third Whistleblower Alleges DEA Let Fentanyl Shipments Pass Unchecked

A third whistleblower has filed a complaint alleging that Drug Enforcement Administration agents were instructed to monitor, but not intercept, large fentanyl shipments entering the United States, as part of a Biden-era operation now under investigation by the Justice Department.

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The complaint intensifies scrutiny of a federal strategy that critics argue allowed deadly drugs to reach communities, while officials say it was intended to build larger cases against traffickers.

The Justice Department’s internal probe follows earlier whistleblower claims that DEA agents in New Mexico were told to track, rather than seize, fentanyl and methamphetamine shipments, with the stated goal of gathering intelligence and pursuing higher-level targets. The latest complaint, submitted by a DEA special agent whose name was redacted, describes a November 2022 incident in which agents monitored a fentanyl delivery from Arizona to New Mexico but made no arrests at the time. According to the complaint, the courier made at least five subsequent deliveries, each involving 50,000 to 100,000 fentanyl pills and 20 to 40 pounds of methamphetamine, before being arrested in June 2023 with 19 kilograms of methamphetamine and 7 kilograms of fentanyl.

Details of the Whistleblower Complaint

The new 20-page complaint, sent to the Office of Special Counsel and the Justice Department’s Office of Inspector General by Empower Oversight, alleges that DEA supervisors retaliated against agents who raised concerns about the operation. The complaint details a March 28, 2025, confrontation in which Jeffrey Armijo, assistant special agent in charge of the Albuquerque office, allegedly threatened to transfer the whistleblower and said, “I will ice you like Dave [Howell] where you will not work another case again.”

The whistleblower also described a training session where a DEA agent dismissed worries about the operation, stating, “We walk fentanyl,” and noting that federal prosecutors were aware of the practice. The complaint claims that assistant U.S. attorneys in New Mexico were informed of the strategy.

"The bigger fish are worth catching."

— Alex Uballez, former U.S. Attorney for the District of New Mexico

Prior Whistleblowers and Official Responses

Two other whistleblowers—former DEA Special Agent David Howell and financial investigator Kevin Small—were interviewed by the Justice Department’s Office of Inspector General in recent days. Howell, the first to raise the alarm, alleged that hundreds of thousands of fentanyl pills were permitted to enter New Mexico under the program, overseen by then-U.S. Attorney Alex Uballez. Uballez defended the approach, telling The Associated Press it was essential for intelligence gathering and saving lives.

Both Howell and the third whistleblower allege retaliation by DEA officials, specifically naming Armijo. Empower Oversight, representing all three whistleblowers, has forwarded the complaints to federal investigators. The Justice Department’s Office of Professional Responsibility previously reported that agents had “discretion” in deciding when to seize drugs.

State Investigation and Federal Pushback

New Mexico Attorney General Raúl Torrez has pressed the Justice Department to cooperate with a state probe into the DEA’s actions, seeking access to operational records and guidance. In a letter, Torrez said his office is investigating “the decisions and conduct of the DEA that resulted in a significant quantity of fentanyl unseized on the streets and in the communities of New Mexico.”

Justice Department officials have resisted state demands for documents, citing federal regulations on information access. In a July 29 letter, First Assistant U.S. Attorney Ryan Ellison told Torrez that the department cannot be compelled to provide files if it is not a party to the case. Empower Oversight’s Tristan Leavitt said the Justice Department has asked whistleblowers not to cooperate with state investigators for now.

Comparisons and Political Reactions

The operation has drawn comparisons to the Obama-era Bureau of Alcohol, Tobacco, Firearms and Explosives program known as Operation Fast and Furious, in which agents allowed gun shipments into Mexico to track traffickers. The new complaint notes that a Justice Department training session in May 2024 referenced Fast and Furious, prompting renewed concerns from agents about risk mitigation and oversight.

A Justice Department spokesperson, in a June statement to The Daily Signal, attributed the alleged conduct to “the Biden Administration’s disastrous open border policies,” contrasting them with the Trump administration’s approach. The spokesperson said DEA Administrator Cole has requested an independent review by the DOJ Office of Inspector General and pledged to implement any recommended changes. The DEA and New Mexico Attorney General’s office did not respond to requests for comment before publication.