There are several considerations to the planning of any investigative interview. Knowledge of case facts, the background of the subject, and other influencing factors will help prepare your interview strategy and set you up for success. When it comes to drug diversion cases, there may be some vital pieces of information that will influence the best strategy and approach. Drug diversion occurs when a legally prescribed substance is diverted from whom it was prescribed and utilized for anything other than its primary purpose. This could include acts of consumption by doctors or pharmacists, forged prescriptions, theft of a controlled substance, and even drug trafficking. With the concept of drug diversion being so broad, the approach to an interview strategy must include looking closely into the individuals involved in the investigation and considering elements such as potential excuses or explanations, the subject’s motive, their fears or perceived consequences, the potential of addiction issues and the risk of uncovering a syndicate.
FEARS
The suspect in a diversion case could have a wide variety of fears or perceived consequences to their actions. However, most assume the subject is primarily fearful of arrest or prosecution. While this is a legitimate concern and fear for many, the subject’s background in a diversion case may dictate several other obstacles as a larger roadblock to the truth.
The pharmacist diverting drugs through theft or knowingly filling forged prescriptions may have a very different fear that is entirely unrelated to arrest or prosecution. Loss of employment, loss of credentials including licensing through the pharmaceutical board, reputation, embarrassment, and others might lead the way.
Additionally, understanding a pattern of behavior could influence the level of fear in detection and consequences from your subject. For instance, if a pharmacist had been previously disciplined and placed into a rehabilitation program to maintain their license, they may conclude there will be no consequences outside of a brief suspension. A physician selling prescriptions to drug dealers or abusers might fear retribution or retaliation coming from co-conspirators in the investigation, and the risk of divulging information may be very high. A thorough review of the subject and their background may provide necessary insight into the potential fear one could anticipate during the interview process.
MOTIVE
Understanding the subject’s motive can be one of the most influencing factors during the interview process. Often, motives can be obvious, and other times they can be very difficult to understand.
Drug diversion cases can produce a wide variety of motives from the subject, ranging from financial gain, power and authority, perceived needs, addiction, peer pressure, collusion, and more. However, a deep dive into the subject’s background may reveal some obvious and even some very subtle insights into potential motives. For instance, a care provider diverting drugs for personal use has a very different motive than a doctor being forced to write counterfeit prescriptions.
A pharmaceutical technician’s consumption and personal use may appear to be a clear motive on the surface, but what are the underlying circumstances that have led the technician to divert drugs for personal use? If the investigation reveals personal use, there could be an addiction issue to consider when preparing for the interview. Investigators must then consider how the Americans with Disabilities Act (ADA) may impact the interview process with an employee involved in drug diversion and what support the subject may need. What is the financial burden that someone is carrying that compels them to divert drugs for illicit and illegal sale? Why would a physician risk his license or practice over the sale of forged prescriptions? Identifying the root cause and understanding the true motive will allow the interviewer to better connect with the subject during the interview.
STRATEGIES
During the interview of a diversion case, respect for your subject’s privacy is an important consideration. If possible, it may prove helpful to find an alternate location outside of the primary work area to encourage cooperation and honesty. The development of rapport is essential in any investigative interview and should play a foundational role in these conversations. Interviewers should be able to discuss a variety of topics while providing autonomy to the subject allowing them to dictate certain portions of the conversation.
Drug diversion cases often come with various excuses or potential explanations based on the evidence that exists. There is a possibility that there is a lack of intent on behalf of the subject or even a plausible explanation for their actions. Alternatively, a witty subject may provide an excuse for the evidence while still responsible for the wrongful acts.
You can anticipate several different excuses or explanations to the findings of your investigation, even with concrete evidence.
“It was an accident…“
“I’m not good at documentation…”
“I was curious what it tasted like…”
“I’ve been so busy lately I got them mixed up…”
These are all potential explanations to anticipate. A strategic question-and-answer approach should be utilized during the interview process to address, overcome, corroborate, or remove these excuses.
Initiating the conversation with non-threatening subject matter allows the subject to answer questions freely and without resistance. Dialogue concerning process and procedures unrelated to the diversion, areas in which they are doing properly and without issue, further allow the subject to volunteer information. As the interviewer progresses through this line of questioning, they can begin to address the primary issue.
“Tell me how you document this…(addressing something benign)?” allows the subject to freely and truthfully answer the question in detail.
“Are you comfortable with all of your necessary documentation?” further provides the subject the opportunity to voice any concerns they may have with this process. If the subject replies with certainty, exclaiming, “Of course, I’ve been doing this for years.”, they are preemptively removing an excuse of “I’m not good at any documentation”. With multiple iterations of this process, allowing for free recall while strategically withholding evidence, it provides the interviewer with a better gauge of the subject’s intent and truthful status.
Looking for further training in investigating cases related to opioid drug diversion? Bring WZ to your department.
Chris has over 30 years of experience in loss prevention and investigative fields, including living and working in the UK for nearly two years. He has trained thousands of human resource, audit, loss prevention, security, and law enforcement professionals on the art of interview and interrogation and has conducted numerous investigations for both private companies and public agencies.
