Any DOJ Declination to Prosecute Gilbert Sapperstein (deceased 2016)

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d281846cf1)
* Tracking Number: EOUSA-2018-002614
* Requester Name: Don Stone
* Date Submitted: 03/08/2018
* Request Status: Submitted
* Description: To Whom It May Concern: This is a request under the Freedom of Information Act. I hereby request the following records: Any Maryland/Florida/ Washington D.C. (Headquarters) DOJ "Declination to Prosecute" document(s) pertaining to a Gilbert Sapperstein, deceased 2016. Gilbert Sapperstein was busy stealing & laundering approx. $3.5 million from the Baltimore School Board early 1990's to 2003 while allegedly under investigation by the DOJ and FBI at various times. Gilbert Sapperstein was a known associate with Charles Richard Longo Sr. Longo's alleged criminal activities involved an estimated 2000 victims in Maryland and Virginia pertaining to $12 million in U.S. Dept. of Education student loans and multiple federal bankruptcy fraud schemes, run simultaneously involving his personal bankruptcy and that of his two truck driving schools, National Training Systems and Shippers Choice Inc., alleged money laundering, alleged securities fraud, etc. Many of these activities took place while Longo was alleged to be under DOJ/FBI investigation and his known associate, Gilbert Sapperstein was busy stealing & laundering approx. $3.5 million from the Baltimore School Board early 1990's to 2003. Possibly, if a Declination to Prosecute were issued by DOJ, it would have been issued by (Defendants) Maryland U.S. Attorney, Lynne Battaglia or her chief of White Collar Crimes, Dale Kelberman or the U.S. Attorney for the Southern District of Florida, Thomas E. Scott Jr. who were all caught lying in the Civil Rico case, Stone vs. Warfield in the Southern District of Florida in 1998. Battaglia, Kelberman, and Scott Jr. were acting in concert trying to conceal the alleged criminal activities Charles Richard Longo Sr. (Sapperstein's associate & co-defendant) from the requester and public disclosure by trying to white-wash the DOJ knowledge of Longo's criminal activities as a "business dispute or civil matter", between Stone and Longo.

This letter acknowledges receipt of your Freedom of Information Act/Privacy Act (FOIA) request received in the Executive Office For United States Attorneys on 03/08/2018.
Your request has been assigned Tracking Number:  EOUSA-2018-002614.
Your request seeks records from one or more field offices, and involves many voluminous records and/or requires consultation with another agency/component with a substantial interest in the subject-matter and therefore falls within “unusual circumstances” as set forth in the statue. See 5 U.S.C.S § 552(a)(6)(B)(i)-(iii).  Accordingly, we are extending the time limit to respond to our request for ten additional days. See 5 U.S.C. § 552(a)(6)(B))(i).  In addition, this Office assigns incoming requests to one of three tracks: simple, complex, or expedited.  Each request is then handled on a first-in, first-out basis in relation to other requests in the same track.  Simple requests usually receive a response in approximately 30 business days, whereas complex requests necessarily take longer.  At this time, your request has been assigned to the complextrack.
We are also referring your request to the Criminal Division of the Department of Justice, which might also possess responsive records, for a direct response to you.  You may contact the Criminal Division at the following address and phone numbers: Contact
FOIA Requester Service Center
202-616-0307
Margaret Harris, FOIA Public Liaison
202-616-0307 Amanda M. Jones Acting Chief, FOIA/PA Unit Suite 1127, Keeney Building 950 Pennsylvania Avenue, N.W.
Washington, DC 20530-0001

Under FOIA and Department of Justice regulations you may be required to pay certain costs associated with processing your request, including, searching for, reviewing, and duplicating requested records.  Consequently, you may potentially incur those costs, unless you have requested and been granted a waiver or reduction in fees.  In most instances, the first 100 pages to duplicate and the first two hours to search for records responsive to your request, will be provided to you free of charge.  If after making those allowances, we determine that the cost to process your request will amount to more than $25.00, we will notify you in writing at a later date. 1     Requests that are specific, concrete and of limited scope (in time and/or subject matter) generally enable us to respond to you more quickly and possibly assess less fees.  To avoid delay and reduce ay potential fees, we respectfully request that you modify and narrow the scope of your request (See attachment).
You may contact our FOIA Public Liaison at the telephone number listed above for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation service they offer.  The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 96012 Adelphi Road-OGIS, College Park, Maryland 20740-6001; email at ogis@nara.gov; telephone at 202-741-5770 (mailto:ogis@nara.gov) ; toll free at 1-877-684-6448 ; or facsimile at 202-741-5769

Attachment

Form No. 001 - 8/16
1           Search and review fees by professional personnel are charged at $40 per hour and duplication fees are assessed at five cents per page



THIS IS NOT A BILL.  DO NOT SEND MONEY
Don Stone    EOUSA-2018-002614
CHOOSE ONE
____I wish to modify my request in an attempt to obtain a quicker response and/or reduce fees as follows:
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
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____ I understand that I am entitled to the first 100 pages and two hours of search time for free.  Please do not search beyond two hours, nor duplicate beyond 100 pages.
____I agree to pay up to the following amount for duplication and search time: $_____________ I understand that this payment is required even if no documents are located or released to me.  In the event that documents are located and released to me, I understand that I may be charged duplication fees in addition to search fees.
____I wish to withdraw my request.


_____________________________                                                  __________________
Signature                                                                                             Date

Please return to:
EOUSA
FOIA/PA
600 E Street, N.W., Room 7300
Washington, DC 20530

Dear Mr. Stone:

Please see the attached, which acknowledges receipt of your Freedom of Information Act and/or Privacy Act request. If you have any questions, please contact the FOIA/PA Unit at 202-616-0307 for further assistance.

**PLEASE NOTE: There are two responses attached.

Thank you,

FOIA/PA Unit
Criminal Division
U.S. Department of Justice

An interim response, stating the request is being processed.

U.S. Department of Justice
Executive Office for U.S. Attorneys
Freedom of Information and Privacy Staff
175 N Street, NE
Suite 5.400, 3CON Building
Washington, DC 20530

The Executive Office for United States Attorneys has received your Freedom of Information Act/Privacy Act request.  A check of our files indicates you have been assigned two numbers (EOUSA-2018-0119 and EOUSA-2018-2614) for identical requests.  Since the Executive Office processes requests on a “first-in-first-out” basis, we are combining the two files and assigning it the earlier number which appears above.  Please cite this number in any future correspondence you send to this office.  We are closing out our case assigned the later number appearing above.
The Executive Office has received an exceedingly heavy volume of Freedom of Information Act/Privacy Act requests and therefore, this office will be unable to respond to your request within the time limits established by the Freedom of Information Act.  Please be assured, however, that your request is being handled as equitably as possible and that all documents which can be released will be made available at the earliest possible date.

Form No. 000 – 2/16

In response to your Freedom of Information Act and/or Privacy Act request, the paragraph(s) checked below apply:

1.      [   ] A search for records located in EOUSA-                          has revealed no responsive records regarding the above subject.
2.      [ ] A search for records located in the United States Attorney’s Office(s) for the
has revealed no responsive records regarding the above subject.
3.      [ X ] After an extensive search, the records you requested from the United States Attorney's Office for the District of Maryland cannot be located.  The file is missing, and the Assistant United States Attorney who handled the case has not been with the office since approximately 2002. Please note that your request for records from the Southern District of Florida is a duplicate request to request number EOUSA-2018-000119.  We will respond separately to that request.
4.      [   ] Your records have been destroyed pursuant to Department of Justice guidelines.
5.      [   ] Please note that your original letter was split into separate files (“requests”), for processing purposes, based on the nature of what you sought.  Each file was given a separate Request Number (listed below), for which you will receive a separate response:
This is the final action on this above-numbered request.  If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home.  Your appeal must be postmarked or electronically transmitted within ninety (90) days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” (https://foiaonline.regulations.gov/foia/action/public/home)
You may contact our FOIA Public Liaison at the Executive Office for United States Attorneys (EOUSA) for any further assistance and to discuss any aspect of your request.  The contact information for EOUSA is 175 N Street, NE, Suite 5.400, Washington, DC 20530; telephone at 202-252-6020 ; or facsimile 202-252-6048 .  Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at 202-741-5770 (mailto:ogis@nara.gov) ; toll free at 1-877-684-6448 ; or facsimile at 202-741-5769

Form No. 005 - 12/15

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see attachment

The FOIA appeal - EOUSA-2018-004896 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: EOUSA-2018-004896
* Requester: Don Stone
* Submitted Date: 07/30/2018
* Description: See attached open appeal letter

DOJ-AP-2018-006869 has been processed with the following final disposition: Affirmed on Appeal

The FOIA appeal - EOUSA-2018-004896 description has been modified. Additional details for this item are as follows:
* Tracking Number: EOUSA-2018-004896
* Requester: Don Stone
* Submitted Date: 07/30/2018
* Description: See attached open appeal letter

The FOIA appeal - EOUSA-2018-004896 has been supplemented with additional supporting files. Additional details for this item are as follows:
* Tracking Number: EOUSA-2018-004896
* Requester: Don Stone
* Submitted Date: 07/30/2018
* Description: See attached open appeal letter

FOIA RESPONSE.

FOIA RESPONSE.

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