Burton Kaplan Records

Michael Cannell filed this request with the Drug Enforcement Administration of the United States of America .
Due Dec. 9, 2020
Est. Completion None
Status
Awaiting Response

Communications

From: Michael Cannell


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All records mentioning or concerning BURTON KAPLAN, alias "Burt Kaplan" and "Downtown Burt." For identification purposes, Kaplan was born 10/1933 and died in 7/11/2009; the first 5 digits of his Social Security Number are 131-26. Kaplan's death was widely reported in 2009 (see attachment); there are no privacy concerns under Freedom of Information Act or Privacy Act.

Please return a result for a query of Narcotics and Dangerous Drugs Information System (NADDIS) using each aforementioned subject's name and (where necessary) accompanying identifying numbers or date of birth, as well as both main-file records and cross-reference records for all relevant names, individuals, agencies and companies, across all systems of records.

This includes records within the following systems of records (not exclusively): Automated Intelligence Records System (Pathfinder); Investigative Reporting and Filing System (IRFS); Grants of Confidentiality Files (GCF); Operations Files; and Security Files.

If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Bureau has no other copies of said records.

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,

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 Cannell

From: Drug Enforcement Administration

Dear Mr. Cannell:

This correspondence responds to your Freedom of Information Act/Privacy Act (FOIA/PA) request dated November 3, 2020, addressed to the Drug Enforcement Administration (DEA), Freedom of Information and Privacy Act Section, seeking access to information regarding the above subject. Your request was opened and assigned the above case number. Please include this case number when communicating with this office.

Please be advised that due to necessary operational changes as a result of the national emergency concerning the novel coronavirus disease (COVID-19) outbreak, there may be some delay in the processing of your request. We appreciate your patience. If you have any questions or wish to discuss reformulation or an alternative timeframe for the processing of your request, you may contact our Customer Service Hotline Representative at 202-307-7596 or e-mail your correspondence to DEA.FOIA@usdoj.gov<mailto:DEA.FOIA@usdoj.gov>.
Best,
Castina

Castina J. Watson
Paralegal II (IBSS Contractor)
Drug Enforcement Administration (DEA)
Freedom of Information and Privacy Act Section (FSRN)
Email: Castina.J.Watson@usdoj.gov

From: Drug Enforcement Administration

Dear Mr. Cannell:

This letter responds to your Freedom of Information Act/Privacy Act (FOIA/PA) request dated November 3, 2020, addressed to the Drug Enforcement Administration (DEA), Freedom of Information and Privacy Act Section, seeking access to information regarding the above subject. Your request was opened and assigned case number 21-00075-F. Please include this case number when communicating with this office.

Your request as written does not meet the requirements of the FOIA, 5 U.S.C. § 552 (a)(3)(A), since it does not reasonably describe records. The Department of Justice rules, contained at 28 C.F.R. § 16.3, provide that "you must describe the records in enough detail to enable department personnel to locate them with a reasonable amount of effort" and when possible, your request should include specific information about each record sought such as the date, title or name, author and subject matter of the record. These specifics are important to determine the extent and scope of the search, and to determine the records that are responsive. DEA can make certain presumptions to overcome some of the deficiencies in your request, but not all of them.

Under the FOIA, an agency is not required to conduct research. To retrieve the information that you may be seeking requires more specificity. For example, in your letter, you are requesting "a query of Narcotics and Dangerous Drugs Information System (NADDIS)," as it relates to the third-party subject, yet you have not specified a particular DEA office that you wish searched; or a range of dates for which to search. Be advised that there are approximately 22 DEA Field Divisions, over 250 domestic offices, and more than 150 Headquarters activities. Since your description did not limit the search to a specific office, area or timeframe, several DEA offices would be tasked to conduct a search of their respective offices for any responsive records pertaining to the subject of your request. As such, your request is overly broad and burdensome.

Please amend your request by identifying the timeframe for which you are seeking records and describing the records sought with greater specificity. Should you have any additional questions, you may contact our Customer Service Hotline Representative at 571-776-2300 or e-mail your correspondence to DEA.FOIA@usdoj.gov. You are also welcome to reach out to me directly at the email address listed in the signature block of this email
Best,
Castina

Castina J. Watson
Paralegal II (IBSS Contractor)
Drug Enforcement Administration (DEA)
Freedom of Information and Privacy Act Section (FSRN)
Email: Castina.J.Watson@usdoj.gov

From: Michael Cannell

Regarding Case No. 21-00075-F.

In your communication to me on 2/5 you indicated that my request for Burton Kaplan files was suspended due to DOJ rule 28 C.F.R. § 16.3, in other words a lock of specificity. At your recommendation, I now request that your office provide only content pertaining to surveillance and investigation of Burton Kaplan for illegal trade of marijuana and quaaludes between 1980 and 1998.

Thank you.

Michael Cannell
917-549-3408
Michaelcannell@mac.com

From: Drug Enforcement Administration

Thank you. We have amended your request and will keep you abreast of status as updates become available.
Best,
Castina

Castina J. Watson
Paralegal II (IBSS Contractor)
Drug Enforcement Administration (DEA)
Freedom of Information and Privacy Act Section (FSRN)
Email: Castina.J.Watson@usdoj.gov

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