Bo Zhang and Employer [Treasury Department]

Rich Jones filed this request with the Department of Treasury of the United States of America.
Status
Completed

Communications

From: Rich Jones

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All documents mentioning Bo Zhang, 31, a Chinese programmer employed by a contractor who plead guilty to source-code theft. Please include all references to him made before and after his arrest, as well as documents referencing his employer with regards to the contract he was involved in.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Rich Jones

From: Department of the Treasury

From: Delmar, Richard K.

Treasury Office of Inspector General has been assigned to work your FOIA
request, which asks for:

"all documents mentioning Bo Zhang...who plead guilty to source-code
theft. Please include all references to him made before and after his
arrest, as well as documents referencing his employer with regards to
the contract he was involved in."

I would like to discuss this request, to clarify what you're most
interested in, and what we have that may be responsive. Request you
call me, or give me your contact information so I can call you. Thank
you.

Rich Delmar
Counsel to the Inspector General
Department of the Treasury
202-927-3973
202-528-8997 (cell)
delmarr@oig.treas.gov

From: Rich Jones

I simply want any and all documents which mention Bo Zhang. Particularly, any documents or contracts signed by him or his employer at the start of his employment, any documents, memos or emails mentioning any investigation into him, and any documents, memos or emails produced mentioning his trial or conviction and any documents, memos or emails which mention any internal policies changing as a result of his conviction. I am requesting everything necessary to tell the complete story of his involvement with the Treasury.

Please err on the side of more documents, if need be.

Let me know if I can help you any further.

Thank you!
Rich Jones

From: MuckRock

Hi,

Thanks again for your time on the phone. Just to reiterate the discussion:

The investigation was actually carried out by FMS, the Financial Management Service, in conjunction with the FBI.
Some of the documents will not be available because of grand jury rules, FOIA exemption 3.
Many of the names will be redacted, FOIA exemption 7c.
The Justice Department have issued a press release about this case.
The ownership status of the source code itself is unknown. Whether or not this source code is in the public domain or not is unknown.

You are able to send a summary PDF of the case and all of the non-exempted documents.

Thanks again for your help and reaching out, and let us know if there are any other clarifications needed.

From: Delmar, Richard K.

Correction - not saying FMS conducted investigation; I said that you'd need to contact FMS regarding Mr. Zhang's employment or contractual relationship with FMS.
Will send you DOJ press release and charging document in a few minutes.

From: Department of Treasury

From: Delmar, Richard K.

Mr. Morisy - update on Zhang case and your FOIA request to Treasury OIG:

I understand that the court in NY has set sentencing in this case for November 19. After that occurs, Treasury OIG Office of Investigations will complete the summary investigation report I told you about earlier. I expect that will be done before the end of the year. Once it's done, I'll go through it, make any redactions allowed by FOIA Exemption 7C, and send it to you. Please call if you have any questions. Thank you.

From: Delmar, Richard K.

Mr. Morisy - followup on my 10/17/12 email to you. The Treasury OIG Office of Investigations has completed its report on the matter involving FMS and the NY Fed. I have attached a copy of the report, with the names of the witnesses and our agents redacted, along with non-public information about the subject.

If you believe that this is not a complete response to your request, you can file an administrative appeal, pursuant to 5 U.S.C. section 552(a)(6)(A)(i). Pursuant to the Department's FOIA appeal process set forth in 31 C.F.R. section 1.5(i), an appeal must be submitted within 35 days from the date of this response to your request, signed by you and addressed to: Freedom of Information Act Appeal, DO, Disclosure Services, Department of the Treasury, Washington, D.C. 20020. The appeal should reasonably describe your basis for believing that there are additional records to which access has been denied, or that the redactions are not justified under FOIA law and policy.

Mr. Morisy - update on Zhang case and your FOIA request to Treasury OIG:

I understand that the court in NY has set sentencing in this case for November 19. After that occurs, Treasury OIG Office of Investigations will complete the summary investigation report I told you about earlier. I expect that will be done before the end of the year. Once it's done, I'll go through it, make any redactions allowed by FOIA Exemption 7C, and send it to you. Please call if you have any questions. Thank you.

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