DEA records, Louis Eppolito and Stephen Caracappa
It is a clone of this request.
| Tracking # |
A-2024-01052 20-00108-F |
| Submitted | Nov. 5, 2019 |
| Due | Dec. 5, 2019 |
| Est. Completion | None |
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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:
All records relating to, mentioning or describing Louis Eppolito and Stephen Caracappa, a pair of NYPD detectives arrested by the DEA in March 2005 in Las Vegas and prosecuted by the U.S. Attorney's Office of the Eastern District of New York (see attachment for related press release). Both Eppolito and Caracappa are widely reported as deceased (please see the attached report of the New York Daily News). As such, there are no longer privacy concerns under FOIA Exemptions 6 and 7, nor are there any privacy concerns under the Privacy Act.
To assist in identifying records, the following is known of Eppolito:
First 5 Digits of SSN: 129-36
BOP Registration Number: 04596-748
Date of Birth: 7/22/48
Date of Death: 11/03/2019
To assist in identifying records, the following is known of Caracappa:
First 5 Digits of SSN: 115-32
BOP Register Number: 04597-748
Date of Birth: 11/12/41
Date of Death: 04/08/2017
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 dates of birth.
Please return 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 DEA 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,
T. McElwee
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Good Morning,
This email responds to your Freedom of Information Act/Privacy Act request dated November 5, 2019, addressed to the Drug Enforcement Administration (DEA), Freedom of Information/Privacy Act Unit (FSRF), seeking access to DEA records.
We are in receipt of your recent inquiry regarding the status of your pending Freedom of Information/Privacy Act request.
Due to the large number of requests received by DEA for disclosure of records pursuant to the Acts, and due to the limited resources available to process such requests, DEA has adopted a "first-in, first-out" practice of processing all incoming requests. This policy complies with the decision in Open America v. Watergate Special Prosecution Force, 547 F.2d 605, (D.C. Cir. 1976), citing 5 U.S.C. 552 (a)(6)(C) and is applied consistently by DEA.
Please be assured that your request is being handled as equitably as possible. Upon completion of the processing of your request, our office will notify you at the earliest possible date.
If you have any questions regarding this email, you may contact the Customer Service Hotline at 202-307-7596.
Best,
Ashley Williams, J.D.
IBSS Corp. Paralegal II Contractor, DEA FOI/PA Unit (FSRF)
Drug Enforcement Administration
[http://intranet/sites/cp/cpi/PublishingImages/images/DEASeal-color.jpg]
PRIVACY ACT INFORMATION: This e-mail may contain information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If this communication has been received in error, please immediately delete all copies and notify me by e-mail.
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From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Good Morning,
This email responds to your Freedom of Information Act/Privacy Act request dated November 5, 2019, addressed to the Drug Enforcement Administration (DEA), Freedom of Information/Privacy Act Unit (FSRF), seeking access to DEA records.
We are in receipt of your recent inquiry regarding the status of your pending Freedom of Information/Privacy Act request.
Due to the large number of requests received by DEA for disclosure of records pursuant to the Acts, and due to the limited resources available to process such requests, DEA has adopted a "first-in, first-out" practice of processing all incoming requests. This policy complies with the decision in Open America v. Watergate Special Prosecution Force, 547 F.2d 605, (D.C. Cir. 1976), citing 5 U.S.C. 552 (a)(6)(C) and is applied consistently by DEA.
Please be assured that your request is being handled as equitably as possible. Upon completion of the processing of your request, our office will notify you at the earliest possible date.
If you have any questions regarding this email, you may contact the Customer Service Hotline at 202-307-7596.
Best,
Ashley Williams, J.D.
IBSS Corp. Paralegal III Contractor, DEA FOI/PA Unit (FSRF)
Drug Enforcement Administration
[http://intranet/sites/cp/cpi/PublishingImages/images/DEASeal-color.jpg]
PRIVACY ACT INFORMATION: This e-mail may contain information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If this communication has been received in error, please immediately delete all copies and notify me by e-mail.
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From: Drug Enforcement Administration
Good Afternoon,
We would like to discuss your request. We do not have a phone number in our system for you. Is there a number we may contact you on? Also, you can call our customer service hotline at 202-307-7596, and ask to be transferred to Ashley Williams.
Best,
Ashley Williams, J.D.
IBSS Corp. Paralegal III Contractor, DEA FOI/PA Unit (FSRF)
Drug Enforcement Administration
[http://intranet/sites/cp/cpi/PublishingImages/images/DEASeal-color.jpg]
PRIVACY ACT INFORMATION: This e-mail may contain information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If this communication has been received in error, please immediately delete all copies and notify me by e-mail.
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From: T. McElwee
To: Ashley Williams JD
From: T. McElwee
re: FOIA Request, Subj: "DEA records, Louis Eppolito and Stephen Caracappa"
I prefer to have a written record of my correspondence over this FOIA request. I fail to see why a phone call is necessary to discuss this matter.
If there are issues with the request, they can and should be stated in writing and they can and will be answered in writing.
To be very clear, yes, I am still interested in the FOIA request for the DEA's records regarding Louis Eppolito and Stephen Caracappa.
-TM
From: Drug Enforcement Administration
Hello Mr. McElwee,
Attached is the acknowledgement letter regarding your FOIA case number 20-00108-F.
If you have any questions or concerns please contact our customer service hotline at 202-307-7596.
Best,
Ashley Williams, J.D.
IBSS Corp. Paralegal III Contractor, DEA FOI/PA Unit (FSRF)
Drug Enforcement Administration
[http://intranet/sites/cp/cpi/PublishingImages/images/DEASeal-color.jpg]
PRIVACY ACT INFORMATION: This e-mail may contain information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If this communication has been received in error, please immediately delete all copies and notify me by e-mail.
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image001
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #20-00108-F.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Good Morning,
Your status update request has been forwarded to your assigned Government Information Specialist (GIS). Your GIS will be in contact with you regarding your status.
Best,
Ashley Williams, J.D.
IBSS Corp. Paralegal III Contractor, DEA FOI/PA Unit (FSRF)
Drug Enforcement Administration
[http://intranet/sites/cp/cpi/PublishingImages/images/DEASeal-color.jpg]
PRIVACY ACT INFORMATION: This e-mail may contain information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If this communication has been received in error, please immediately delete all copies and notify me by e-mail.
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From: Drug Enforcement Administration
Please find attached a status letter pertaining to your case.
[cid:image002.jpg@01CCFAB4.DAFAAB60]
John W. Kewley
Government Information Specialist
Headquarters, Drug Enforcement Administration
Freedom of Information/Privacy Unit (FSRF)
Telephone: (202) 307-7728
john.w.kewley@usdoj.gov<mailto:jwkewley@dea.usdoj.gov>
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image001
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #20-00108-F.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #20-00108-F.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #20-00108-F.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Dear T. McElwee: We are in receipt of your status inquiries to this office. In response to your Freedom of Information Act/Privacy Act (FOIA/PA) request #20-00108-F, it has been reassigned to Government Information Specialist, Tracie Sandifer for processing. Please pardon the necessities of the delay in responding to your request. Unfortunately, the delays are attributed to our on-going backlog which has impacted our ability to respond in a timelier manner. If you have any questions, please contact our FOIA Unit Representative at (571) 776-3098. Also, see the FOIA Representatives complete contact information in the signature block below. Sincerely, Tracie A. Sandifer FOIA/PA Specialist Sub-Processing Unit
FOIA/PA Unit Drug Enforcement Administration Telephone: (571) 776-3098 E-mail: Tracie.A.Sandifer@dea.gov PRIVACY ACT NOTICE: This e-mail (including any attachments herein) may contain personal andprivileged information that requires protection in compliance with the PrivacyAct of 1974 (5 U.S.C. § 552a). Any useof this information by anyone other than the intended recipient is prohibited. If you have received this communication inerror, please immediately delete all copies of this information and notify meby e-mail. The use, dissemination,distribution, or reproduction of this communication by unintended recipients is not authorized and may be unlawful.
From: Drug Enforcement Administration
Dear T. McElwee: This e-mail responds to your Freedom of Information Act/Privacy Act (FOIA/PA) request dated November 5, 2019, received by the Drug Enforcement Administration (DEA), FOIA/PA Unit, seeking access to information regarding the above subject.. We are in receipt of your status inquiries. Please be advised, the Intake Sub-Unit has completed the search for records responsive to your request. Your request has been recently reassigned to another representative currently reviewing information for a resolution. If you have any questions regarding this letter, you may contact FOIA/PA Unit representative Tracie A. Sandifer at (571) 776-3098 or via e-mail at Tracie.A.Sandifer@dea.gov. Sincerely, Tracie A. Sandifer FOIA/PA Specialist
Intake Sub-Unit FOIA/PA Unit Drug Enforcement Administration Telephone: (571) 776-3098 E-mail: Tracie.A.Sandifer@dea.gov PRIVACY ACT NOTICE: This e-mail (including anyattachments herein) may contain personal and privileged information thatrequires protection in compliance with the Privacy Act of 1974 (5 U.S.C. §552a). Any use of this information by anyone other thanthe intended recipient is prohibited. If you have received this communication in error,please immediately delete all copies of this information and notify me bye-mail. The use, dissemination, distribution, orreproduction of this communication by unintended recipients is not authorizedand may be unlawful.
From: Drug Enforcement Administration
Dear T. McElwee: Please see the attached response to your Freedom of Information Act/Privacy Act (FOIA/PA) request 20-00108-F. If you have any questions, please contact our FOIA Requester Service Center at (571) 776-2300. Sincerely,
FOIA/PA Unit
FOIA & Information Law Section
Office of Chief Counsel
Drug Enforcement Administration PRIVACY ACT NOTICE: This e-mail (including any attachments herein) may contain personal andprivileged information that requires protection in compliance with the PrivacyAct of 1974 (5 U.S.C. § 552a). Any useof this information by anyone other than the intended recipient is prohibited. If you have received this communication inerror, please immediately delete all copies of this information and notify meby e-mail. The use, dissemination,distribution, or reproduction of this communication by unintended recipients is not authorized and may be unlawful.
From: Drug Enforcement Administration
Dear T. McElwee,
The status of your FOIA request #20-00108-F has been updated to the following status 'Closed'. To log into the DEA Public Access Link click on the Application URL below.
Sincerely,
DEA
From: T. McElwee
I hereby APPEAL the agency's denial of records for Case Number: 20-00108-F, Subject: Information on Deceased Third Parties-Eppolito, Louis and Caracappa, Stephen.
This appeal is made on grounds that the agency has violated the Freedom of Information Act: it has wrongly invoked b(7)e (the "techniques and procedures" exemption) to deny the request in full, while failing to provide any non-exempt material.
I will note that the agency has invoked *only* b(7)e and no other exemption in this matter, so I will not address any other exemption.
Please note the following:
• Law and precedent regarding Freedom of Information Act uphold that the public has a broadly construed right to records, while granting government agencies narrow exemptions.
• The agency's decision fails both prongs: it refuses to provide records this requester is entitled to inspect, while it abuses the "techniques and procedures" exemption in a fashion so over-broad as to be ridiculous.
• Note that request was for "a query of Narcotics and Dangerous Drugs Information System (NADDIS)." The agency cannot claim that NADDIS is a secret technique or procedure; requests for the materials found through NADDIS have been routinely granted since 2010, including to this requester.
• FOIA clearly states that where records are a mixture of exempt and non-exempt, the requester is entitled to "[a]ny reasonably segregable portion of a record […] after deletion of the portions which are exempt." No such material was ever provided to the requester, who first made this request in 2019.
My prayer for relief is therefore:
• That the agency's abuse of the b(7)e exemption cease;
• That the agency remand this request back to a qualified staffer;
• That staff search for and provide responsive material in line with the rights of public to inspect records; and
• Where there is any mixture of exempt and non-exempt material, that the agency provide all reasonably segregable material to which the requester is entitled.
From: Drug Enforcement Administration
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Nov. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2024-01052.
Thanks for your help, and let me know if further clarification is needed.
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