Deutsche Bank: 2005 Enforcement Action
| Tracking # |
FOIL-2017-067577-002992 |
| Submitted | Feb. 9, 2017 |
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Communications
From: David Scantling
To Whom It May Concern:
Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records that were delivered by Deutsche Bank Trust Company Americas ("Deutsche Bank") to the New York State Banking Department ("NYSBD") between October 12, 2005, and June 16, 2008; per the enforcement action and agreement between NYSBD and Deutsche Bank, dated October 12, 2005 (available online at http://www.dfs.ny.gov/about/ea/ea051014.pdf):
1. All Deutsche Bank program, plans, policies & procedures, and/or audit documents;
2. All Deutsche Bank reports (including progress, monthly, interim and/or final report documents); and,
3. All Consultant engagement letters, interim reports, and final reports (based on the Consultant's review, per the agreement, of Deutsche Bank's transactions between July 1, 2003, and October 12, 2005).
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,
David Scantling
From:
February10, 2017 DavidScantling MuckRock DEPTMR 33139, 411A Highland Ave SomervilleMA 02144-2516 DFS FOIL No. 2017-067577: records that were delivered by Deutsche BankTrust Company Americas ("Deutsche Bank") to the New York StateBanking Department ("NYSBD") between October 12, 2005, and June 16,2008; per the enforcement action and agreement between NYSBD and Deutsche Bank,dated October 12, 2005 DearDavid Scantling, The Department of Financial Services (Banking Division) iscurrently in the process of responding to your Freedom of Information Law(“FOIL”) request. Please note the number of your requestcaptioned above. Your request has beensubmitted to the appropriate department for retrieval of the requested records. It is anticipated that the response will be completedwithin 20 business days from the date of this acknowledgment letter. If you have any questions, please contactGeorge Bogdan at 212 – 480 – 4758 or George.Bogdan@dfs.ny.gov Sincerely, Ryan Condon Administrative Assistant
Tracking Number:FOIL-2017-067577-002992
From: Condon, Ryan L (DFS)
Dear David Scantling,
I have attached the NYS Department of Financial Services' response to numerous FOIL requests of yours regarding DFS investigation files related to the enforcement actions of the department.
Please see the attached PDF for further information about your FOIL requests.
Ryan Condon
Legal Assistant
From:
Dear David Scantling,
I have attached the NYS Department of Financial Services' response to numerous FOIL requests of yours regarding investigation files related to the enforcement actions for various dates.
Please see the attached PDF for further information about your FOIL requests.
Ryan Condon
Legal Assistant
Tracking Number:FOIL-2017-067666-003062
From: Condon, Ryan L (DFS)
Dear David Scantling,
I have attached the NYS Department of Financial Services' response to numerous FOIL requests of yours regarding DFS investigation files related to the enforcement actions of the department.
Please see the attached PDF for further information about your FOIL requests.
Ryan Condon
Legal Assistant
From: David Scantling
Re: Freedom of Information Law (“FOIL”) Appeal for DFS FOIL Tracking Number 2017-067577
Dear Mr. Bogdan:
I hereby appeal the denial of access regarding my FOIL request, identified as DFS FOIL tracking number 2017-067577, which was made on February 10, 2017, and sent to the New York Department of Financial Services (“DFS”).
The records that were denied include:
“Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records that were delivered by Deutsche Bank Trust Company Americas ("Deutsche Bank") to the New York State Banking Department ("NYSBD") between October 12, 2005, and June 16, 2008; per the enforcement action and agreement between NYSBD and Deutsche Bank, dated October 12, 2005 (available online at http://www.dfs.ny.gov/about/ea/ea051014.pdf):
1. All Deutsche Bank program, plans, policies & procedures, and/or audit documents;
2. All Deutsche Bank reports (including progress, monthly, interim and/or final report documents); and,
3. All Consultant engagement letters, interim reports, and final reports (based on the Consultant's review, per the agreement, of Deutsche Bank's transactions between July 1, 2003, and October 12, 2005).”
You noted in your denial letter, dated February 23, 2017, that:
“New York’s Banking Law § 36.10 provides that reports of examinations and investigations and correspondence and memoranda concerning or arising out of such examinations and investigations are confidential and shall not be made public.”
However, § 36.10 also provides DFS with the following flexibility:
“[U]nless, in the judgment of the superintendent, the ends of justice and the public advantage will be subserved by the publication thereof, in which event the superintendent may publish or authorize the publication of a copy of any such report or any part thereof in such manner as may be deemed proper…”.
Based on this, I disagree with the denial and request a reconsideration based on the following reasons:
1. The requested records were delivered to DFS between eight (8) to eleven (11) years ago. Because of their age, the public interest outweighs the confidential nature of these documents and they should be released. For example, the U.S. Department of Defense routinely declassifies "Secret" documents after ten (10) years and releases them to the public.
2. However, if DFS determines that portions of the requested records still contain confidential information, I request that DFS redact those portions and release the remainder of the requested records to the public. For example, agencies within the U.S. Intelligence Community routinely redact highly classified documents and release them to the public (including documents classified "Top Secret/TS" and/or "Sensitive Compartmented Information/SCI").
3. Alternatively, if for some reason DFS determines that it is unable to release the requested records (in either full or redacted versions), I request that DFS release a listing of the denied records (including each respective document’s title, date, author, and how its disclosure would damage DFS’s interests).
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within ten (10) business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Suite 650, Albany, New York 12231.
Regards,
David Scantling
From: Condon, Ryan L (DFS)
March 8, 2017
David Scantling
MuckRock
DEPT MR 33139, 411A Highland Ave
Somerville MA 02144-2516
Re: Appeal of New York Freedom of Information Law (“FOIL”): Appeals of Eleven (11) requests in the table below requesting investigation files related to the enforcement actions listed below for various dates
Mr. Scantling,
The Department of Financial Services (Banking Division) has received the 11 appeals listed in the table below regarding your Freedom of Information Law (“FOIL”) requests.
Date Received
FOIL Tracking #
Topic
2/16/2017
2017-067659
Appealed
Standard Chartered 2012 Enforcement Action
2/10/2017
2017-067592
Appealed
Standard Chartered: 2012 Enforcement Action
2/10/2017
2017-067581
Appealed
Barclays: 2010 Enforcement Action
2/10/2017
2017-067580
Appealed
Dresdner Bank: 2008 Enforcement Action
2/10/2017
2017-067579
Appealed
Sumitomo Mitsui: 2007 Enforcement Action
2/10/2017
2017-067578
Appealed
Mitsubishi UFJ Financial Group: 2006 Enforcement Action
2/10/2017
2017-067577 Appealed
Deutsche Bank 2005 Enforcement Action
2/10/2017
2017-067575 Appealed
Standard Chartered Bank 2004 Enforcement Action
2/8/2017
2017-067569
Appealed
ABN AMRO Bank NV 2004 Enforcement Action
2/8/2017
2017-067568
Appealed
HSBC Bank USA 2003 Enforcement Action
2/8/2017
2017-067530
Appealed
Promontory Financial Group action involving SCB 2010 – 2011
Sincerely,
Ryan Condon
Administrative Assistant
From: Condon, Ryan L (DFS)
March 8, 2017
David Scantling
MuckRock
DEPT MR 33139, 411A Highland Ave
Somerville MA 02144-2516
Re: Appeal of New York Freedom of Information Law (“FOIL”): Appeals of Eleven (11) requests in the table below requesting investigation files related to the enforcement actions listed below for various dates
Mr. Scantling,
The Department of Financial Services (Banking Division) has received the 11 appeals listed in the table below regarding your Freedom of Information Law (“FOIL”) requests.
Date Received
FOIL Tracking #
Topic
2/16/2017
2017-067659
Appealed
Standard Chartered 2012 Enforcement Action
2/10/2017
2017-067592
Appealed
Standard Chartered: 2012 Enforcement Action
2/10/2017
2017-067581
Appealed
Barclays: 2010 Enforcement Action
2/10/2017
2017-067580
Appealed
Dresdner Bank: 2008 Enforcement Action
2/10/2017
2017-067579
Appealed
Sumitomo Mitsui: 2007 Enforcement Action
2/10/2017
2017-067578
Appealed
Mitsubishi UFJ Financial Group: 2006 Enforcement Action
2/10/2017
2017-067577 Appealed
Deutsche Bank 2005 Enforcement Action
2/10/2017
2017-067575 Appealed
Standard Chartered Bank 2004 Enforcement Action
2/8/2017
2017-067569
Appealed
ABN AMRO Bank NV 2004 Enforcement Action
2/8/2017
2017-067568
Appealed
HSBC Bank USA 2003 Enforcement Action
2/8/2017
2017-067530
Appealed
Promontory Financial Group action involving SCB 2010 – 2011
Sincerely,
Ryan Condon
Administrative Assistant
From:
Mr. Scantling,
I have attached the NYS Department of Financial Services' response to your appeals of Eleven FOIL requests regarding investigation files related to certain enforcement actions.
Please see the attached PDF for further information regarding your Appeals.
Ryan Condon
Legal Assistant
Tracking Number:FOIL-2017-067659-003370
From: Condon, Ryan L (DFS)
Mr. David Scantling,
I have attached the NYS Department of Financial Services' response to your Eleven Appeals regarding FOIL requests for investigation files related to certain enforcement actions.
Please see the attached PDF for further information about your appeals.
Ryan Condon
Legal Assistant
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