Benedict J. Fernandez (FBI Referral)
| Tracking # |
100-HQ-464141 RD 66689 |
| Submitted | Jan. 21, 2022 |
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Communications
From: Michael Quinn
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Any and all FBI or DOJ records pertaining to Benedict Joseph Fernandez III, including the full contents of FBI case file 100-HQ-464141 that NARA currently holds, including any serials, attached or referenced audio/visual material such as audio/tape recordings, photos/film negatives, etc.
In response to my request with the FBI regarding Mr. Fernandez, I was informed records potentially responsive to my request (more specifically 100-HQ-464141 serial HQ8) were transferred to NARA.
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 20 business days, as the statute requires.
Sincerely,
Michael Quinn
From:
This is an automated reply to inform you that the National Archives and Records Administration received your email.
We have received your request and will respond within 20 working days. Please note that submitting duplicate requests will increase wait times.
If you have any questions, you can call our office at 301-837-3190. You can also visit our web page at www.archives.gov/research/foia.
Notice to NARA Researchers and FOIA Requesters
Due to the COVID-19 pandemic and pursuant to guidance received from the Office of Management and Budget (OMB), NARA has adjusted its normal operations to balance the need of completing its mission-critical work while also adhering to the recommended social distancing for the safety of our staff. As a result of this re-prioritization of activities, you may experience a delay in receiving an initial acknowledgment as well as a substantive response to your reference or FOIA request or appeal. We apologize for this inconvenience and appreciate your understanding and patience.
Thank you.
From: National Archives And Records Administration – Archival Or Special Access
Dear Michael Quinn:
I am writing in response to your Freedom of Information Act (FOIA) request
received by this office on January 21, 2022 for records in the custody of
the National Archives and Records Administration (NARA). Your request was
assigned FOIA Tracking Number *RD 66689*.
We are continuing to work on logging in FOIA requests in the order they are
received. Once your request reaches the front of the initial response
queue, a staff member will search for the record(s) and provide you with a
more substantive response.
Our small staff will continue to work diligently to process each request as
quickly as possible, but please be aware that we are operating under
significantly reduced staffing levels onsite and it is taking longer than
usual. We apologize for this inconvenience and appreciate your
understanding and patience.
If you have any questions concerning this action, or to notify this office
of a change in your contact information, please email
specialaccess_foia@nara.gov or call 301-837-3190. All communications
concerning this request should reference your FOIA Tracking Number *RD
66689*.
Sincerely,
Ashney Randle
Government Information Specialist
Special Access and FOIA Program (RF)
National Archives at College Park
From: National Archives And Records Administration – Archival Or Special Access
Dear Michael Quinn:
I am writing in response to your Freedom of Information Act (FOIA) request
of January 21, 2022, for records in the custody of the National Archives
and Records Administration. Your request was received in this office on
January 21, 2022, and assigned FOIA tracking number RD 66689.
You requested access to case file number 100-HQ-464141, identified by the
FBI as potentially responsive to your request for records relating to
Benedict Joseph Fernandez III. Our initial assessment is that Ann Gottlieb
Abramson is the subject of this file, created between March 1971 and March
1973, and consisting of an estimated 65 pages.
We conducted a spot check of the file and noticed that Benedict Joseph
Fernandez III is referenced in Serial number eight (8) of file number
100-HQ-464141.
If you are willing to narrow your request to Serial number eight (8) for a
potentially faster processing time, please respond to this email to inform
us or your decision. If you would like us to review the entire file, the
following estimated processing time will stand. Again, please respond to
this email to inform us or your decision
These records require review for information protected from release under
the FOIA (https://www.archives.gov/foia/foia-guide#determine).
Your request does not exceed 700 pages, so it is assigned to our first-tier
processing queue. Taking into consideration our existing backlog, we
estimate it will take 39 months to complete processing.
Once we notify you that processing is complete, you may either visit our
College Park, MD facility to view the file at no cost, or order a
reproduction. Our current fee for reproductions is 80 cents per page, so we
estimate the total cost will be $52.00.
You must notify this office of changes to your contact information. If
communication is returned as undeliverable and no return address is
provided, your case will be administratively closed. To change your contact
information or to track the status of your request, please email
specialaccess_foia@nara.gov or call 301-837-3190. Please include your FOIA
tracking number in all communications concerning this request.
If you are not satisfied with our action on this request and would like the
opportunity to discuss our response, you may contact our FOIA Public
Liaison for assistance:
Accessioned Executive Branch Records – Washington, DC Area
FOIA Requester Service Center: 301-837-3190
FOIA Public Liaison: Rebecca Calcagno
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
301-837-3190
If you have other questions regarding your request, please contact me
directly.
Sincerely,
Jason Mincey
Archives Specialist
Special Access and FOIA Program (RF)
(301) 837-1624
From: Michael Quinn
Hi there,
If you can provide an estimated processing time just for 100-HQ-464141 serial 8 that would help assist me in deciding if I'd like to narrow my scope. Please note this is not me making any decision regarding reducing the scope of my request, simply trying to get further information to make an educated decision on the matter.
Thank you!
From: National Archives And Records Administration – Archival Or Special Access
Dear Michael Quinn:
I checked with the Archivist who is assigned to your request and was
informed it would take approximately 4 - 6 weeks to process the request if
you were to narrow to serial number 8. Please respond to this email to
inform us or your decision.
Sincerely,
Jason Mincey
Archives Specialist
Special Access and FOIA Program (RF)
(301) 837-1624
https://www.archives.gov/research/foia
From: Michael Quinn
Apologies for the delay - if we can narrow to Serial Number 8 that would be great. Thank you!
From: National Archives And Records Administration – Archival Or Special Access
Dear Michael Quinn:
This email is to acknowledge receipt of your email requesting to narrow FBI
file 100-HQ-464141 relating to Benedict Joseph Fernandez III to serial
number eight (8) of file 100-HQ-464141. The Archivist assigned to your
request will respond to you directly once a review of the file is
completed.
Sincerely,
Jason Mincey
Archives Specialist
Special Access and FOIA Program (RF)
(301) 837-1624
https://www.archives.gov/research/foia
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 21, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #100-HQ-464141.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 21, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #100-HQ-464141.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Jan. 21, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #100-HQ-464141.
Thanks for your help, and let me know if further clarification is needed.
From: National Archives And Records Administration – Archival Or Special Access
Dear Michael Quinn:
I am writing in further response to your Freedom of Information Act (FOIA)
request RD 66689 for records in the custody of the National Archives and
Records Administration.
Per your correspondence of February 22, 2022, you agreed to narrow the
scope of your request to only serial eight (8) related to Benedict Joseph
Fernandez III from FBI file 100-HQ-464141.
We completed a line-by-line review of the records you requested. Please be
advised, we have considered the foreseeable harm standard when reviewing
records and applying FOIA exemptions for this request. Information was
released to the greatest extent possible. Below is a summary of our review:
*Records Requested*
*Total Pages*
*Pages Released in Full*
*Pages Released in Part*
*Pages Withheld in Full*
100-HQ-464141
7
4
3
0
We withheld information protected under section (b) of the FOIA (5 U.S.C.
552). The specific reasons for the denials are:
*TYPE OF INFORMATION WITHHELD*
*FOIA EXEMPTION or STATUTE*
identities of confidential sources
(b)(7)(D)
*Attached is a complimentary reproduction of the records for your use.*
If you are not satisfied with our action on this request, you have the
right to file an administrative appeal within ninety (90) calendar days
from the date of this letter. Appeals must be in writing and may be
delivered by regular U.S. mail or by email. By filing an appeal, you
preserve your rights under the Freedom of Information Act and present the
deciding agency with an opportunity to review your request and reconsider
its decision. If you submit your appeal by regular mail, it should be
addressed to the Deputy Archivist of the United States (ND), National
Archives and Records Administration, 8601 Adelphi Road, Room 4200, College
Park, Maryland 20740-6001. Both the letter and envelope should be clearly
marked “FOIA Appeal.” If you submit your appeal by email, please send it to
foia@nara.gov, addressed to the Deputy Archivist, with the words “FOIA
Appeal” in the subject line. Please be certain to explain why you believe
this response does not meet the requirements of the Freedom of Information
Act. All communications concerning this request should reference your FOIA
tracking number.
If you would like the opportunity to discuss our response and attempt to
resolve your dispute without initiating the appeals process, you may
contact our FOIA Public Liaison for assistance:
Accessioned Executive Branch Records – Washington, DC Area
FOIA Requester Service Center: 301-837-3190
FOIA Public Liaison: Rebecca Calcagno
8601 Adelphi Road, Room 5500
College Park, MD 20740-6001
301-837-3190
You may also contact the Office of Government Information Services (OGIS),
the Federal FOIA Ombudsman’s office, for assistance. OGIS offers mediation
services to help resolve disputes between FOIA requesters and Federal
agencies. The contact information for OGIS is:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road–OGIS
College Park, MD 20740-6001
Email: ogis@nara.gov
Phone: 202-741-5770 or 1-877-684-6448
This concludes the processing of your request. If you have questions
concerning my review, please contact me directly.
Sincerely,
Jason Mincey
Archives Specialist
Special Access and FOIA Program (RF)
(301) 837-1624
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