TigerSwan documents (Sheriff)
| Multi Request | TigerSwan documents |
| Submitted | Dec. 2, 2020 |
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Communications
From: Matthew Petti
To Whom It May Concern:
Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:
Any documents from or regarding TigerSwan or James Reese gathered as part of the investigation into the Mariner East bribery scheme.
In December 2019, Chester County District Attorney Tom Hogan charged several individuals for an alleged scheme to illegally hire 19 constables to guard the Mariner East 2 natural gas pipeline. Two of the individuals were contractors for the private security firm TigerSwan: https://theintercept.com/2019/12/08/energy-transfer-tigerswan-bribery-conspiracy-charges/
TigerSwan is a private security contractor founded by Delta Force veteran James Reese and based in Apex, North Carolina. The firm had previously been sued by the state of North Dakota for providing security services without a license during protests against the Dakota Access pipeline (https://bismarcktribune.com/news/state-and-regional/state-tigerswan-settle-longstanding-dispute-over-dapl-security/article_51011ac0-5dcb-5b7d-aacf-948cd7c2a0ee.html), and Reese is also active in demining (https://www.tigerswan.com/blog/observations-on-humanitarian-assistance-redevelopment-in-syria/) and the oil industry (https://www.politico.com/news/2020/08/03/delta-crescent-energy-syrian-oil-391033) in Syria.
Please include any files attached to the responsive emails as well. If any part of these documents are exempt from disclosure, please be sure to review and release all reasonably segregable nonexempt portions of responsive documents.
I request that I be properly classified as a media requester. I am an investigative journalist who has written numerous articles on topics of public interest for the Daily Beast, the Asia Times, Responsible Statecraft, the National Interest, Reason Magazine, America Magazine and the Armenian Weekly, and I am requesting these documents in an editorial capacity. Please contact me if you have any questions about my media status.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Matthew Petti
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Pennsylvania Right to Know Act request, copied below, and originally submitted on Dec. 2, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Sheriff
December 9, 2020
To: Matthew Petti:
This office received another request from you today inquiring when you would receive a response to your 12/7 request. Please refer all future requests to the Office of Open Records (openrecords@chesco.org<mailto:openrecords@chesco.org>.) As for this request just add on to this email. To answer your question as to when you will receive a response, the Right To Know Law permits us to have 5 working days to respond or if needed, on the 5th day, we can send you a 30 day extension letter, under to law, in which to reply. In this matter, the 5 day response is due on 12/14 at which time we will send you the information requested or ask for the 30 day extension which would be 1/12/21. Due to Covid restrictions many employees are working from home and it may be necessary to invoke the 30 day extension.
Sandra Warner
Open Records Office
From: Sheriff
December 14, 2020
Dear Mr. Petti:
On December 7, 2020, the Chester County Solicitor's Office received your request for information pursuant to the Pennsylvania Right To Know Law, 65 P.S. Section 67.101, et. seq., see copy of your request below.
Pursuant to Section 902(a) of the Right To Know Law, we require an additional thirty (30) days to respond because the extent and nature of your request precludes a response within a five (5) day time period.
We anticipate responding to your request on or before January 12, 2021. We do not estimate that the cost of duplication fees will exceed $100.00.
Sincerely,
Sandra Warner
Open Records Office
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From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Pennsylvania Right to Know Act request, copied below, and originally submitted on Dec. 2, 2020. You had previously indicated that it would be completed on Jan. 12, 2021. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Sheriff
Dear Mr. Petti:
On December 7, 2020, the Chester County Solicitor's Office received your request for information pursuant to the Pennsylvania Right to Know Law (RTKL), 65 P.S. § 67.101, et seq. (See Below). On December 14, 2020, we invoked § 902(a) of the RTKL which provides an additional 30 days to respond because the extent and nature of your request precluded a response within five business days.
You requested:
Any documents from or regarding TigerSwan or James Reese gathered as part of the investigation into the Mariner East bribery scheme.
This request was initially sent to the Sheriff's Office. Please be aware that the Sheriff's Office is not in possession of any records responsive to your request. Pursuant to 65 P.S. §67-705, an agency is not required to create a record which does not currently exist or to compile, maintain, format or organize a record in a manner in which the agency does not currently compile, maintain, format or organize the record.
As your request referenced the District Attorney's investigation against several individuals relative to the Mariner East Pipeline, we reached out to that office to determine if there are any responsive records. There are no responsive records as any documents relating to a criminal investigation are exempt pursuant to 65 P.S. §708(b)(16)(i-vi). Further, the information requested therein pertaining to the specific individuals and criminal charges is protected under the Criminal Records History Information Act (CHRIA), 18 Pa.C.S.A. §9101, et seq. and therefore, is exempt from disclosure.
You have a right to appeal the denials of information contained in this response in writing to the Pennsylvania Office of Open Records, 333 Market St., 16th Floor, Harrisburg, PA 17101-2234. Please consult the Pennsylvania Open Records Act for your appellate rights at 65 P.S. § 67.101, et seq., more specifically §1101(a)(1).
Thank you,
Michelle Bernardo-Rudy
Deputy Solicitor
From: Matthew Petti
Hello Michelle,
Thanks so much for your help with this request! You went above and beyond, I really appreciate it.
Sincerely,
Matthew Petti