Case File 183-3150

To Whom It May Concern:

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

The complete case file numbered as 183-3150 (also serialized as 183A-3150). This case file encompasses a US Attorney's Office / FBI investigation in New York code-named "Five Star" that collected all existing evidence of the existence of the Cosa Nostra "Commission" in New York City.

This request is inclusive of all matter in the 183-3150 case file, including serialized and non-serialized matter, as well as material originating from other files that was added into this one.

Please conduct a search of the Central Records System, including but not limited to the ELSUR Records System, the Microphone Surveillance (MISUR) Indices, the Physical Surveillance (FISUR) Indices, the Technical Surveillance (TESUR) Indices, and Counterdrug Information Indices System (CIIS), for both main-file records and cross-reference records for all relevant names, individuals, agencies and companies.

In line with the Attorney General's memorandum of March 15, 2022 ("Freedom of Information Act Guidelines"), I assert that these records are subject to the "presumption of openness" and may only be withheld if the Bureau "reasonably foresees that disclosure would harm an interest protected by one of the nine exemptions that FOIA enumerates or if disclosure is prohibited by law" (also known as the "foreseeable harm standard.")

There is no harm to law enforcement proceedings, as they have all been concluded. Harm to privacy interests or the ability to obtain a fair trialis impossible as most investigative subjects listed in materials are known to be deceased (please see RIDS "Dead List"). Finally, the Bureau cannot assert harm to its staff or its investigative methods as employees of the Bureau and Department of Justice have all spoken on this matter and their investigative methods in a documentary released in 2020 (Fear City), as shown on the attached cast list.

As well, I am aware that individual records from file #183-3150 have been released previously on FBI Vault and elsewhere. However, these releases were when several individuals were alive; they were further redacted clumsily using a black marker and not redaction software. In light of this and the developments listed in the previous paragraph, I demand a fresh look at the records and not the duplication of materials on FBI Vault.

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,

T. McElwee

I appeal the agency's decision in the matter of FOIPA Request No.: 1528199-000

Today I received a letter saying that "It was determined that the records you requested do not qualify for reprocessing." I wish to note that I did not ask for reprocessing; I asked for the full case file numbered 183-3150 including its subsidiary files (i.e., serialized material, but also any material contained within the file regardless of whether it has been serialized). To my knowledge, while portions of this case file have been released in piecemeal fashion, the full case file has not.

The only way "reprocessing" would be involved was in my request for a fresh look at the decisions to redact material, as these decisions were likely made due to the privacy of individuals who were still alive at the time of the request.

In any event, the request for the complete case file numbered 183-3150 is because of the historic use of the RICO Act to convict the leaderships of multiple crime families at once, for the so-called "Commission Trial." As far as I know, the Bureau has yet to release its cache of primary source materials as a collection, and the request is therefore novel.

Your consideration is appreciated.

-T. McElwee