DEA moratorium on disability claims for confidential informants

Shawn Musgrave filed this request with the Drug Enforcement Administration of the United States of America.

It is a clone of this request.

Tracking # 15-00699-F ; AP-2015-06017
Est. Completion None
Status
No Responsive Documents

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

Documents regarding the moratorium on FECA claims for confidential sources. Per a report from the Office of the Inspector General (see https://oig.justice.gov/reports/2015/a1528.pdf): "In its response on DEA’s behalf, the ODAG stated that the DEA placed a moratorium on the transmission of new FECA claims for confidential sources to the Department of Labor, pending resolution of this issue. "

Given that this FOIA is submitted in my capacity as a journalist who has covered drones extensively, I request that I be categorized as a media requester for the purpose of fees. Here is a selection of my published articles on drones:

https://www.muckrock.com/news/archives/2015/jan/12/how-843-lbs-seized-pot-lead-customs-and-border-pro/

https://www.muckrock.com/news/archives/2015/mar/03/us-marshals-service-conceal-key-details-millions-s/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/27/while-dodging-direct-question-fbi-commits-obama-st/

https://www.muckrock.com/news/archives/2015/feb/12/fbi-and-justice-department-cant-find-drone-privacy/

https://www.muckrock.com/news/archives/2015/jan/22/air-force-knows-how-many-mq-9-drones-it-wants-cant/

I have also been published in a number of national media outlets on topics including drones and other matters pertaining to national security and technologies:

http://motherboard.vice.com/read/the-us-spent-360-million-on-border-drones-thanks-to-this-flimsy-report

http://motherboard.vice.com/read/the-air-force-says-it-needs-precisely-52-new-reaper-drones-cant-explain-why

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://www.bostonglobe.com/metro/2013/04/08/big-brother-better-police-work-new-technology-automatically-runs-license-plates-everyone/1qoAoFfgp31UnXZT2CsFSK/story.html

www.betaboston.com/news/2014/03/05/a-vast-hidden-surveillance-network-runs-across-america-powered-by-the-repo-industry/

https://www.thedailybeast.com/articles/2015/02/05/nypd-social-media-policy-allows-catfishing-with-the-proper-paperwork.html

https://www.themarshallproject.org/2014/12/03/the-pentagon-finally-details-its-weapons-for-cops-giveaway

http://motherboard.vice.com/read/do-the-fbis-drones-invade-your-privacy-sorry-thats-private

https://news.vice.com/article/fbi-agent-who-killed-boston-bombing-suspects-friend-was-twice-accused-of-police-brutality

As the requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com and pertains to a matter of considerable public interest, I further request a full waiver of all fees.

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,

Shawn Musgrave

From: Drug Enforcement Administration

An interim response, stating the request is being processed.

From: Drug Enforcement Administration

An interim response, stating the request is being processed.

From: Drug Enforcement Administration

A no responsive documents response.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 22, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #15-00699-F.

Thanks for your help, and let me know if further clarification is needed.

From: Khan, Aliza H

Good Morning Mr. Musgrave,

This e-mail is in regards to your FOIA Case: 15-00699-F requesting information on "Documents regarding the moratorium on FECA claims for confidential sources, etc."

A determination letter was mailed to you on 8/31/2015 (attached). Additionally, please find attached a copy of the signed registered receipt showing proof of delivery - on the receipt you will also find the UPS tracking number (box 2 "article number).

Please let me know if you have any questions or concerns.

Kind Regards,

Aliza Hyatt Khan
Government Information Specialist
Freedom of Information/Privacy Act Unit (SARF)
Drug Enforcement Administration
8701 Morrissette Drive, West Bldg. 6th Floor
Springfield, VA 22152
Desk: 202-307-6067

From: Shawn Musgrave

To Whom It May Concern:

This is an appeal for adequacy of search for FOIA request 15-00699-F, which was submitted to the DEA. While a report from the Justice Department, Office of the Inspector General reported that the DEA has placed a moratorium on FECA claims for confidential sources, the DEA claims it has no documents related to such a moratorium. I ask that you remand this request to the DEA for a good faith search and provision of responsive documents.

On 07/22/2015, I requested the following documents from the DEA: "Documents regarding the moratorium on FECA claims for confidential sources."

Per a report from the Office of the Inspector General (see https://oig.justice.gov/reports/2015/a1528.pdf): "In its response on DEA’s behalf, the ODAG stated that the DEA placed a moratorium on the transmission of new FECA claims for confidential sources to the Department of Labor, pending resolution of this issue. "

A Justice Department office attested to the OIG that the DEA had established a moratorium on such payments to confidential sources. And yet, in its response letter dated August 31, 2015, the DEA indicates that its Office of Operations Management (OM) "has conducted extensive research to determine DEA's ability to comply and provide the information requested. OM has no records responsive to this request. Thus, no records exist."

It is incredibly difficult to believe that the DEA has no reports or memorandums that accompany such an order to cease transmitting new FECA claims for confidential informants. The OIG report requires a paper trail for the cessation of FECA claim transmission: "In addition, this recommendation can be closed when we receive evidence that the DEA, in coordination with the Department, has reviewed and agreed on the continuance or cessation of the provision of the current ongoing FECA benefits to confidential sources."

Furthermore, my request did not direct the DEA to limit its search solely to OM. The FOIA requires the DEA to conduct a thorough search of its records for responsive documents. I request that you remand this request back to the DEA so that it can carry out such a search and provide documents that are clearly a matter of public record.

Respectfully,
Shawn Musgrave
Reporter, MuckRock

From: OIP-NoReply

Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.

From: OIP-NoReply

Please do not reply to this e-mail, as this account is not monitored. To ensure a prompt reply, please direct any inquiries to the contact information listed in the correspondence provided to you. Thank you.

  • Musgrave, Shawn, AP-2015-06017.DEA.affirm.search.no.records

Files

pages

Close