FBI records, Louis Eppolito and Stephen Caracappa
It is a clone of this request.
| Tracking # |
A-2024-00382 24-00003-FR 1451839-000 |
| Submitted | Nov. 5, 2019 |
| Est. Completion | None |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All records mentioning or concerning Louis Eppolito and Stephen Caracappa, a pair of NYPD detectives prosecuted as hitmen for hire by La Cosa Nostra. Both Eppolito and Caracappa are widely reported as deceased (please see attachment); as such, privacy concerns under FOIA Exemptions 6 and 7 are voided, as are any concerns under the Privacy Act.
To assist in identifying records, the following is known of Eppolito:
First 5 Digits of SSN: 129-36
BOP Registration Number: 04596-748
Date of Birth: 7/22/48
Date of Death: 11/03/2019
To assist in identifying records, the following is known of Caracappa:
First 5 Digits of SSN: 115-32
BOP Register Number: 04597-748
Date of Birth: 11/12/41
Date of Death: 04/08/2017
Please conduct a search of the Central Records System and FBI Data Warehouse System, including but not limited to the ELSUR Records System, the Microphone Surveillance (MISUR) Indices, the Physical Surveillance (FISUR) Indices, the Technical Surveillance (TESUR) Indices, Counterdrug Information Indices System (CIIS), for both main-file records and cross-reference records for all relevant names, individuals, agencies and companies.
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
From: Federal Bureau of Investigation
There are eFOIA files available for you to download.
From: Federal Bureau of Investigation
There are eFOIA files available for you to download.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Federal Bureau of Investigation
Thank you for contacting foipaquestions@fbi.gov. Please check the status of your FOIPA Request at http://vault.fbi.gov by clicking on “Check Status of Your FOI/PA Request” on the right side of the page, and follow the instructions below.
Check the Status of Your FOIPA Request
If your FOIPA Number is [1234567-0] please enter [1234567-000] into the system. If your FOIPA Number is [1234567-1] please enter [1234567-001] into the system. If you have any questions about the status of your FOIPA request, please e-mail foipaquestions@fbi.gov.
FIND STATUS OF FOIPA- Request statuses are updated weekly
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Results will show the Request Number, Case Type and Process Description shown below:
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The FBI’s FOIPA Program is searching the FBI’s indices for potentially responsive documents.
You may be contacted via formal letter for all fees and/or negotiation issues that may apply.
NOTE: Recent requests are entered into the FOIPA database in the order that they are received. Before you can check the status, you must have received correspondence assigning a FOIPA request number and the information transferred to the online database. Status information is updated weekly. If a request has been closed within the last six months the online database will display the following: The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file.
Estimated Dates of Completion
Requests are processed in the order in which they are received through our multi-track processing system. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium, large, and extra-large sub-tracks based upon request size. Simple track requests typically require the least amount of time to process. Currently, simple track cases average approximately 104 days from the date of receipt for processing. Our complex requests in the medium processing track are currently averaging 853 days, large processing track are currently averaging approximately 1,786 days, and extra-large processing track are currently averaging 2,500 days for processing.
Respectfully,
Public Information Officer
FBI - Information Management Division
200 Constitution Drive
Winchester, VA 22602
O: (540) 868-4593
E: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>
Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia
Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.
Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.
COVID-19 Impact: RIDS resumed full staffing on April 12, 2021. Commensurate with the return of full staffing levels, RIDS will being increasing its FOIA processing production. While RIDS will make its best efforts to meet increased production goals, this increased production rate may be negatively impacted by COVID-19 workplace disruptions. As a result, estimated dates of completion for Freedom of Information Act requests were impacted and you can expect lengthened response timelines. Please note that these are estimates, and these timelines may change as this national emergency evolves. The FBI remains committed to fulfilling your FOIPA request in the timeliest manner possible. Thank you for your patience and understanding.
-
~WRD0003
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #1451839-000.
Thanks for your help, and let me know if further clarification is needed.
From: Federal Bureau of Investigation
There are eFOIA files available for you to download.
You can download the files at:
* [Efda5e977726dafc41ceac8cf1abdd30ff3efd71c_Q69614_R430384_D2465000.pdf](https://efoia.fbi.gov/download-file/submission-fda5e977726dafc41ceac8cf1abdd30ff3efd71c/YRGk9NeHZIm2eL8/Efda5e977726dafc41ceac8cf1abdd30ff3efd71c_Q69614_R430384_D2465000.pdf)
* [Efda5e977726dafc41ceac8cf1abdd30ff3efd71c_Q69614_R430384_D165100140.pdf](https://efoia.fbi.gov/download-file/submission-fda5e977726dafc41ceac8cf1abdd30ff3efd71c/WlqWiLauTmR7VEF/Efda5e977726dafc41ceac8cf1abdd30ff3efd71c_Q69614_R430384_D165100140.pdf)
* [Efda5e977726dafc41ceac8cf1abdd30ff3efd71c_Q69614_R430384_D165101977.pdf](https://efoia.fbi.gov/download-file/submission-fda5e977726dafc41ceac8cf1abdd30ff3efd71c/iSvNJ8cUCHf8iea/Efda5e977726dafc41ceac8cf1abdd30ff3efd71c_Q69614_R430384_D165101977.pdf)
**Please Note:**
The above link(s) are only active for 48hrs. After the link expires you will
have the option to reactivate the link(s) for an additional 48hrs. The max
renewal limit is two (2) times. Thereafter, the links can no longer be
accessed.
You can renew the download files by logging into the efoia system and clicking
the "Renew" button in the file list.
From: T. McElwee
I hereby APPEAL the Bureau's determination in FOIPA Request No.: 1451838-000, concerning Louis Eppolito and Stephen Caracappa.
With regard to the Bureau's determination that states:
"Additional material responsive to your request was located in an investigative file. This material is exempt from disclosure in its entirety pursuant to Title 5, United States Code, Section 552, subsection (b)(7)(A), which pertains to records or information compiled for law enforcement purposes, the release of which could reasonably be expected to interfere with enforcement proceedings."
I am appealing the agency invoking (b)(7)(A) for a blanket refusal to provide the file's contents. There are no reasonable grounds to believe that there is any proceeding that is pending or prospective with regard to persons named in that file: Eppolito and Caracappa are both deceased; witnesses including Anthony "Gaspipe" Casso, Alphonse D'Arco and Burton Kaplan are all deceased as well. Further, the Exemption "[does] not endlessly protect material simply because it was in an investigatory file." See Department of Justice Guide to the Freedom of Information Act, Exemption 7(A) https://www.justice.gov/d9/pages/attachments/2022/03/23/exemption_7a_final.pdf
If this material is voluminous or requires extensive review, then I consent in advance to a rolling release.
Further, I appeal the Bureau's determination that states:
"Records that may have been responsive to your request were destroyed. Since this material could not be reviewed, it is not known if it was responsive to your request. "
I appeal on grounds that I specifically stated in my request that "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."
Finally, I appeal the agency's determination that states:
"there were additional records potentially responsive to your Freedom of Information/Privacy Acts (FOIPA) request. We have attempted to obtain this material so it could be reviewed to determine whether it was responsive to your request. We were advised that the potentially responsive records were not in their expected location and could not be located after a reasonable search. Following a reasonable waiting period, another attempt was made to obtain this material. This search for the missing records also met with unsuccessful results"
I challenge this search as not fulfilling the requirement of a dilligent search, on grounds that even taken at face value, the Bureau has not produced a copy of the pointer materials it was using (which may be a responsive record).
My prayer for relief is that the case be remanded with instructions to review the investigative file, and that missing responsive materials such as the destruction slips and/or pointer materials be provided as requested.
-T. McElwee
From: Drug Enforcement Administration
"Dear T. McElwee,
Please see the attached final determination letter regarding your recent FOIA request (case 24-00003-FR).
You may use the attached instruction from my previous email to decrypt and save the message. If you have any issues with this process, please reply with the error message received so that we may contact our service desk for support.
Alternatively, if we do not receive confirmation of delivery or a read receipt, we will mail a copy to the address on file. Thank you.
V/R
Jason T. Miller
FOIA Analyst II
Freedom of Information and Privacy Act Unit
FOIA and Information Law Section
Drug Enforcement Administration
Desk: (571) 776-3436
Email: Jason.T.Miller2@dea.gov"
-
SecureMessageAtt
From: Drug Enforcement Administration
Dear T. McElwee,
Pursuant to you recent FOIA request (case 24-00003-FR), I will be forwarding our final determination response via email. We have determined that some of the records contain sensitive information that requires encryption as explained below.
In an effort to better protect information that the Department of Justice (DOJ) maintains about individuals, we have implemented a tool to prevent accidental disclosures of sensitive personally identifiable information (PII). Documents that are responsive to a FOIA or Privacy Act request may contain sensitive PII. To safeguard this information, any email containing sensitive PII will be encrypted. Accordingly, you may receive an alert that that an encrypted message has been delivered to you. Should you receive such an alert, please use the attached instruction to decrypt and save the message. If you have any issues with this process, please reply with the error message received so that we may contact our service desk for support.
V/R
Jason T. Miller
FOIA Analyst II
Freedom of Information and Privacy Act Unit
FOIA and Information Law Section
Drug Enforcement Administration
Desk: (571) 776-3436
Email: Jason.T.Miller2@dea.gov<mailto:Jason.T.Miller2@dea.gov>
PRIVACY ACT NOTICE: This e-mail (including any attachments herein) may contain personal and privileged information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). Any use of this information by anyone other than the intended recipient is prohibited. If you have received this communication in error, please immediately delete all copies of this information and notify me by e-mail. The use, dissemination, distribution, or reproduction of this communication by unintended recipients is not authorized and may be unlawful
From: Federal Bureau of Investigation
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
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