Records: Ludwig Paz, et al.

T. McElwee filed this request with the New York State Division of Criminal Justice Services of New York.

It is a clone of this request.

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Completed

Communications

From: T. McElwee

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

A PDF printout of the Training History Reports for several police officers either formerly employed by New York City Police Department or awaiting disciplinary process. The named individuals were arrested in 2018 and publicly named by the District Attorney for the County of Queens as participants in "a complex prostitution ring and a gambling enterprise."

Upon information and belief, the Training History Report falls under the Division's FOIL Subject Matter List subheading of "Office of Public Safety, Police/Peace Officer Registry Records."

Individuals are named below, with title and approximate age for the sake of identifying the records and eliminating possible same-name records:

Detective Ludwig Paz, aged approximately 54
Detective Rene Samaniego, 46
Detective Giovanny Rojas Acosta, 43
Sergeant Carlos Cruz, 44
Sergeant Cliff Nieves, 40
Sergeant Steven Nieves, 35
Sergeant Louis Failla, 46
Police Officer Giancarlo Raspanti, 45

All individuals named here have been previously named in a public press release identifying them as having been indicted in Queens County; that press release is attached. Separately, the New York City Police Department confirms the individuals named above have either been dismissed or are awaiting departmental trial.

The requested Training History Reports are sought in the public interest of understanding the possible relationship between police training and corruption.

Per Chapter 96 of the NYS Laws of 2020, these records are covered by the Freedom of Information Law and may no longer be withheld citing CRL 50-A.

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,

T. McElwee

From: New York State Division of Criminal Justice Services

Dear T McElwee :

This will acknowledge receipt of your request for records under the Freedom of Information Law received by the Division of Criminal Justice Services on December 1, 2021. The request was for “New York Freedom of Information Law Request: Records: Ludwig Paz, et al.”.

Your request has been forwarded to the appropriate program area(s) to identify documents that are responsive to your request and which may be made available pursuant to all applicable provisions of the Freedom of Information Law.

A determination as to whether your request is granted or denied will be reached in approximately 20 business days or we will notify you in writing if the responsible program area(s) should require additional time to locate, assemble and review documents that may be responsive to your request.

Please note that, pursuant to Article 6 of the Public Officers Law, a charge may be applied to your request, including the actual cost of the medium used to respond to your Freedom of Information Law request and/or other related costs. When responsive records have been identified, you will be informed of any cost and how payment should be made.

As part of the ongoing response to the COVID-19 pandemic, some or all agency employees may be working off-site. As such, there may be delays in response to FOIL requests. If a record responsive to a request is only available in hard-copy format, that record’s availability will be limited until further notice. Thank you for your patience during this extraordinary time. ​

Very truly yours,

Brian Garvey, Esq.
Records Access Officer

From: New York State Division of Criminal Justice Services

Dear T. McElwee,

In order to complete the processing of your request, please note that the Division will need further personal identifying information (i.e. DOB or last 4 SSN) to locate Giovanny Rojas Acosta and Carlos Cruz on the Registry. Please advise.

Thanks,

Brian Garvey, Esq.
Associate Counsel
New York State Division of Criminal Justice Services
Office of Legal Services
80 South Swan St., Albany, NY 12210
(518) 457-1873 - office | (518) 485-7715 - fax | Brian.Garvey@dcjs.ny.gov<mailto:Brian.Garvey@dcjs.ny.gov>
www.criminaljustice.ny.gov<http://www.criminaljustice.ny.gov/>

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From: New York State Division of Criminal Justice Services

Dear T McElwee:

This is in response to your attached Freedom of Information Law (FOIL) request.
Please be advised that your request is under active review and we anticipate that a formal response to your inquiry will be provided to you by January 27, 2022. As part of the ongoing response to the COVID-19 pandemic, some or all agency employees may be working off-site. As such, there may be delays in response to FOIL requests. If a record responsive to a request is only available in hard-copy format, that record’s availability will be limited until further notice. Thank you for your patience during this extraordinary time.
Very truly yours,

Brian Garvey, Esq.
Records Access Officer

From: T. McElwee

To whom it may concern:

This is a response to the email from Brian Garvey on Dec. 29, 2021 stating that the "Division will need further personal identifying information (i.e. DOB or last 4 SSN) to locate Giovanny Rojas Acosta and Carlos Cruz."

I have a date of birth for Mr. Rojas-Acosta as 10/6/1977.

For Mr. Cruz, I can only provide an approximate date of birth in the range between May 23, 1977 and May 22, 1978. As this may further allow a search to further narrow down results, Mr. Cruz's official date of hire at NYC Police Department is listed as 7/1/2003.

To spare any further issues, I state in advance that if there are further issues then I am amenable to the Division providing partial results and providing them on a rolling basis.

Thank you,
TM

From: New York State Division of Criminal Justice Services

Dear T. McElwee:

This is in response to your Freedom of Information Law ("FOIL") request for "A PDF printout of the Training History Reports for several police officers either formerly employed by New York City Police Department or awaiting disciplinary process. The named individuals were arrested in 2018 and publicly named by the District Attorney for the County of Queens as participants in "a complex prostitution ring and a gambling enterprise. Upon information and belief, the Training History Report falls under the Division's FOIL Subject Matter List subheading of "Office of Public Safety, Police/Peace Officer Registry Records." Individuals are named below, with title and approximate age for the sake of identifying the records and eliminating possible same-name records:

Detective Ludwig Paz, aged approximately 54
Detective Rene Samaniego, 46
Detective Giovanny Rojas Acosta, 43
Sergeant Carlos Cruz, 44
Sergeant Cliff Nieves, 40
Sergeant Steven Nieves, 35
Sergeant Louis Failla, 46
Police Officer Giancarlo Raspanti, 45."

Please find attached the Training History Reports you requested. Please note, Personal ID, SSN, and DOB have been redacted from this record on privacy grounds pursuant to Public Officers Law ("POL") §87(2)(b).

Pursuant to POL §89(4)(a), you may appeal this determination within 30 days to the Counsel, Division of Criminal Justice Services, 80 South Swan St., Albany, NY 12210 or by email at foil@dcjs.ny.gov.

Very truly yours,

Brian Garvey, Esq.
Records Access Officer

From: T. McElwee

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
T. McElwee

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