DOI records of 2018 review of procurement fraud

Your request FOIL-2020-032-00015 has been successfully submitted to the Department of Investigation (DOI).
The details of your request are shown below.

Request Title: DOI records of 2018 review of procurement fraud

Request Description: To Whom It May Concern:

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

• All records that serve as supporting materials for the April 2018 report of the Department of Investigation entitled "DOI Report And Recommendations on the Citywide Construction Fraud Task Force’s Investigation of a Procurement Fraud Scheme at the Department of Environmental and Other Corruption Schemes."

• Please note, the above captioned matter is online on the DOI's website. This request does not request the report itself, but rather the underlying material informing it; as it cites government records including records for the Campaign Finance Board, Small Business Services, Department of Environmental Protection, my assumption is that these items are covered by FOIL.

• In addition, I request records cited as rationale for the DOI's decision to make a referral for criminal prosecution in the cases of cited companies. To wit, these companies were HAKS Engineers and Land Surveyors, P.C.; D&B Engineers and Architects, P.C.; Haider Engineering, P.C.; SIMCO Engineering, P.C.; CIMC Assocs., LLC; JCMS Assocs., LLC; JCMS Associates of New York, LLC; MCMS Assocs., LLC; and MCC General Office Services, LLC.

• Finally, I request any DOI document or documents that serves as a guideline for the finding of fraud specific to Minority and Women Business Enterprises or Disadvantaged Business Enterprises.

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

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Requester's Contact Information



Name:
T. Mcelwee

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Email:
requests@muckrock.com (mailto:requests@muckrock.com)

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You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2020-032-00015. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-032-00015)

The Department of Investigation (DOI) has acknowledged your FOIL request FOIL-2020-032-00015. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-032-00015)
You can expect a response on or about Wednesday, March 11, 2020.

Please visit FOIL-2020-032-00015 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-032-00015)
Request Information:
Request Title: DOI records of 2018 review of procurement fraud
Request Description: To Whom It May Concern:

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

• All records that serve as supporting materials for the April 2018 report of the Department of Investigation entitled "DOI Report And Recommendations on the Citywide Construction Fraud Task Force’s Investigation of a Procurement Fraud Scheme at the Department of Environmental and Other Corruption Schemes."

• Please note, the above captioned matter is online on the DOI's website. This request does not request the report itself, but rather the underlying material informing it; as it cites government records including records for the Campaign Finance Board, Small Business Services, Department of Environmental Protection, my assumption is that these items are covered by FOIL.

• In addition, I request records cited as rationale for the DOI's decision to make a referral for criminal prosecution in the cases of cited companies. To wit, these companies were HAKS Engineers and Land Surveyors, P.C.; D&B Engineers and Architects, P.C.; Haider Engineering, P.C.; SIMCO Engineering, P.C.; CIMC Assocs., LLC; JCMS Assocs., LLC; JCMS Associates of New York, LLC; MCMS Assocs., LLC; and MCC General Office Services, LLC.

• Finally, I request any DOI document or documents that serves as a guideline for the finding of fraud specific to Minority and Women Business Enterprises or Disadvantaged Business Enterprises.

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

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

The Department of Investigation (DOI) has closed your FOIL request FOIL-2020-032-00015 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-032-00015)
A diligent search for records responsive to your request did not locate any such records. Accordingly, your request is denied. Your request under the Freedom of Information Law (FOIL) is denied because the records you requested are exempt from disclosure under FOIL.
Regarding  your request for (1) the “underlying material” informing the April 2018 DOI report entitled “DOI Report And Recommendations on the Citywide Construction Fraud Task Force’s Investigation of a Procurement Fraud Scheme at the Department of Environmental and Other Corruption Schemes” and (2) for “records cited as rationale for the DOI's decision to make a referral for criminal prosecution in the cases of cited companies,” materials responsive to your request are exempt from FOIL on the following grounds:
(1) disclosure would interfere with active law enforcement investigations or judicial proceedings ( see Public Officers Law § 87[2][e][i]);
(2) disclosure would deprive an individual of a right to a fair trial or impartial adjudication ( see Public Officers Law § 87[2][e][ii]);  and (3) to the extent these materials memorialize unproven allegations, disclosure would constitute an unwarranted invasion of personal privacy ( see Public Officers Law §§ 87[2][b] and 89[2][b]; Committee on Open Gov’t Advisory Opinion 17195 [May 29, 2008]).
(3) to the extent the materials reference detailed statements by individuals who cooperated with DOI’s investigation, disclosure of these individuals’ names and identifying details would constitute an unwarranted invasion of personal privacy ( see Public Officers Law § 89[2][b], Committee on Open Government Advisory Opinion AO-12802 [July 13, 2001][noting that the exemption pertaining to the personal privacy could be invoked to shield the identities of witnesses]);
(4) the materials reference information gathered for law enforcement purposes which, if disclosed, would identify details concerning DOI’s criminal investigative techniques, procedures, and sources ( see Public Officer’s Law § 87[2][e][iii]; Fink v. Lefkowitz, 47 N.Y.2d 567 [1979][“Effective law enforcement demands that violators of the law not be apprised of the nonroutine procedures by which an agency obtains its information…the purpose of the Freedom of Information Law is not to enable persons to use agency records to frustrate pending or threatened investigations nor to use that information to construct a defense to impede a prosecution.”]); and
(5) disclosure of the materials would reveal pre-decisional opinions and ideas exchanged for discussion purposes—communications that do not constitute final policy decisions or findings ( see Public Officers Law § 87[2][g], Xerox Corp. v. Webster, 65 N.Y.2d 131, 132 [1985][noting that the “inter-agency” exemption’s purpose is to “protect the deliberative process of the government by ensuring that persons in an advisory role would be able to express their opinions freely to agency decision makers”]).
Regarding your request for “any DOI document or documents that serves as a guideline for the finding of fraud specific to Minority and Women Business Enterprises or Disadvantaged Business Enterprises,” a diligent search for records responsive to your request did not locate any such records.
You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: FOILAppeals@doi.nyc.gov within 30 days. (mailto:FOILAppeals@doi.nyc.gov?subject=FOIL-2020-032-00015%20-%20Appeal)