Customs and Border Protection Officer Fernando Marte investigation and discipline record
| Tracking # |
2021-IGFO-00016 |
| Submitted | Nov. 10, 2020 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Records concerning Fernando Marte, a Cusoms and Border Protection officer at John F. Kennedy Airport, who plead guilty in the Eastern District of New York for acceptance of bribes and participation in a cocaine smuggling scheme in May 2018, these accusations dating to approximately January 2016.
Given that Marte has plead guilty (and only awaits a final sentencing), I believe the reviewing officer should assume that the FOIA balancing test weighs heavily on release in the public interest over the diminished privacy rights.
For reference, find attached the following:
* The press release of the US Attorney's Office for the Eastern District of New York;
* Rcords of Marte's guilty plea and allocution;
* Tanscript of Mr. Marte's guilty plea.
I request the complete accounting of any investigation and disciplinary process by the OIG, dating from the accused misconduct in January 2016 through any formal complaint, updates in the investigation following indictment in 2017, as well as any records of correspondence since the guilty plea in May 2018.
This should include any formal recommendation of internal charge, any referral to outside investigative or prosecutorial agency, and any memoranda recommending discipline.
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
From: Department of Homeland Security Office of Inspector General
Dear T. McElwee,
The Department of Homeland Security PAL has requested you enter the following Identification Code in order to proceed with the retrieval of your account information.
Identification Code: kf91qj
Regards,
Department of Homeland Security
From: Department of Homeland Security Office of Inspector General
Mr. McElwee:
Thank you for your interest in the Department of Homeland Security (DHS) Office of Inspector General (OIG). Attached please find DHS-OIG's acknowledgement and final response to the above FOIA request.
Sincerely,
FOIA/DHS-OIG
From: Department of Homeland Security Office of Inspector General
Dear T. McElwee,
The status of your OIG FOIA request #2021-IGFO-00016 has been updated to the following status 'Closed'. To log into the Department of Homeland Security PAL click on the Application URL below.
HTTPS://foiarequest.dhs.gov
Sincerely,
Department of Homeland Security
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