DEA records re: Anthony Casso

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

The results of a search query of the Narcotics and Dangerous Drugs Information System (NADDIS) pointer index for Investigative Reporting and Filing System records, using each below subject's name and accompanying identifying numbers, date of birth, and/or known affiliation:

Name: Anthony Casso
Aliases: "Gaspipe" and "Gas,"
Date of birth: May 21, 1942
Date of death: December 15, 2020
First 5 digits of SSN: 057-56
US Bureau of Prisoners Register Number: 16802-050
Known affiliation: the Lucchese Family of La Cosa Nostra
Reported rank: Made member; known to have served as a captain and consigliere; held final rank (before apprehension) of underboss.

Anthony Casso is noted by the Bureau of Prisons as deceased; please see attached PDF. As the subject is deceased, privacy interests under the Privacy Act and exemptions to the Freedom of Information Act are diminished.

If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Bureau has no other copies of said records.

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 20 business days, as the statute requires.

Sincerely,

T. McElwee

To whom it may concern:

I hereby appeal the determination of the Records Access Officer to my FOIA request, assigned case number 21-00134-F, (subj: DEA records re: Anthony Casso), on grounds that the DEA's Records Access Officer is violating precedents regarding Records Access Officers' responses to FOIA requests.

I have provided the agency more-than-adequate description of records sought and the means to identify material. I have provided the name of an individual (Anthony Casso) and identifying information (including birthday, partial Social Security Number, and BOP Prisoner Register Number). and the specific place to be searched (Investigative Reporting and Filing System) and the means to search it (Narcotics and Dangerous Drugs Information System).

Upon information and belief, NADDIS lists the investigative file number or numbers and particular DEA Report of Investigation (ROI), DEA Form-6, or other documents that contain information about a particular individual.

In spite of this, the Records Access Officer has issued a blanket denial. This is simply wrongful on its face (there is adequate material to perform a search provided) but as well, this violates court precedents regarding the search and fulfilment of FOIA requests.

Please note the following determinations two interpretations of the Freedom of Information Act:

First: Nation Magazine, Washington Bureau v. US, 71 F. 3d 885 - Court of Appeals, Dist. of Columbia Circuit 1995: "Although a requester must 'reasonably describe' the records sought, 5 U.S.C. § 552(a)(3), an agency also has a duty to construe a FOIA request liberally."

Second: GOV'T ACCOUNTAB. PROJ. v. US DEP'T OF HOMELAND, 335 F. Supp. 3d 7 - Dist. Court, Dist. of Columbia 2018. "FOIA requests are not a game of Battleship. The requester should not have to score a direct hit on the records sought based on the precise phrasing of his request. Rather, the agency must liberally interpret the request and frame its search accordingly."

Therefore, my prayer for relief: this FOIA request should be granted in full. A search of IRFS using the NADDIS pointer-index, using the supplied name, identification numbers and birth date should be performed. The NADDIS Index should be provided as a summary, and the records identified (DEA-6 and ROI) should be produced as responsive materials.

This fulfillment of this request is in the public interest, as the subject Anthony Casso is known for having been a prolific career criminal both in the United States and internationally.

My thanks for the Appeals Officer's time and consideration in this matter.

Sincerely,
T. McElwee