It is a clone of this request.
|Submitted||Nov. 5, 2019|
|Due||Nov. 13, 2019|
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To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All records relating to, mentioning or describing criminal investigations into Louis Eppolito and Stephen Caracappa. A DEA press release recording the arrest (attached) names the Kings County DA as part of the team that investigated the two.
Both Eppolito and Caracappa are now widely reported as deceased (please see the attached report of the New York Daily News). Similarly, a cooperating witness and unindicted co-conspirator in the aforementioned investigations, Burton Kaplan aka "Downtown Burt" was widely recorded deceased since 2009 (see attached report of the New York Daily News). As such, there are no longer privacy concerns under either NYS Freedom of Information Law or federal Freedom of Information or Privacy Act.
In chief, this request asks for materials related to the conduct investigated and charged as part of a federal RICO Act enterprise in 2005. Named underlying offenses of the enterprise included the following homicide cases that were investigated by the Kings County District Attorney: Israel Greenwald in 1986; Nicholas Guido in 1986; James Hydell in 1986; John Heidel in 1987; James Bishop in 1990; Anthony Dilapi in 1990; Bartolomeo Boriello in 1991; and Edward Lino in 1992. Investigative files related to the named homicide cases should be considered responsive.
In addition, upon information and belief, the Kings County DA's office likely has investigative materials regarding Eppolito and Caracappa that was not charged as part of the RICO conspiracy case; they should still be considered responsive to the request. Specifically, any investigation into official misconduct by Eppolito or Caracappa should be considered responsive. Possible offenses included burglary, auto theft, unauthorized access to computers and providing false testimony under oath.
If records responsive to the above request have been deleted, destroyed or transferred, then I request copies of any statement of the destruction of the record --i.e., transfer or destruction slips, chain of custody audit report, or notice of insurance claim.
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.
Dear T. McElwee:
I am writing to acknowledge receipt of your November 5, 2019 email, in which you seek records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the Freedom of Information Law (“FOIL”).
Please be advised that your request is being processed and a search for responsive records has commenced. Based upon an initial review of your request, and an estimate of what is required to complete it, this agency has determined that it will be unable to respond to your request in full within the next twenty (20) business days. The reason we cannot process your request within the next twenty (20) business days is due to the volume of the requests we received prior to yours, the work needed to process said requests, and the fact that the records you requested may not be contained within a single, readily-identifiable, source. It is noted that this agency processes requests in the order in which they are received.
For these reasons, you can expect a determination on or about March 31, 2019 In the determination any statutorily authorized fees incurred in processing your request will be listed. These fees must be paid before this agency will release any records. Pub Off. L. § 87(1)(b)(iii).
If you do not receive a determination by that the date set forth above, please do not hesitate to contact us. Alternatively, you may appeal a “constructive denial” upon the expiration of that date by writing to: FOIL Appeals Officer, Kings County District Attorney’s Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201.
FOIL Records Access Officer