DEA records re: Burton Kaplan

T. McElwee filed this request with the Drug Enforcement Administration of the United States of America.
Tracking #

20-00161-F

Due Jan. 7, 2020
Est. Completion None
Status
Awaiting Response

Communications

From: T. McElwee


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,

T. McElwee

From: Drug Enforcement Administration

Good Morning,

This email responds to your Freedom of Information Act/Privacy Act request dated December 5, 2019, addressed to the Drug Enforcement Administration (DEA), Freedom of Information/Privacy Act Unit (FSRF), seeking access to DEA records. Please note, your request number is 20-00161-F.

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.

From: Drug Enforcement Administration

Good Morning,

This email responds to your Freedom of Information Act/Privacy Act request dated December 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.

From: Drug Enforcement Administration

Good Morning,

This email responds to your Freedom of Information Act/Privacy Act request dated December 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.

Thank you,

Chelsea Scott | IBSS Paralegal II (CTR)
________________________________________
Freedom of Information/Privacy Act Unit (FSRF)
Drug Enforcement Administration (DEA)

From: Drug Enforcement Administration

Good Afternoon,

Attached is the acknowledgment letter regarding your FOIA case number 20-00161-F.

If you have any additional question please contact our customer service hotline at 202-307-7596.
Best,

Yvette Davis
Program Analyst
Freedom of Information and Records Management Section
Office of Administration

From: Drug Enforcement Administration

Good Morning Mr. McElwee,
This email responds to your Freedom of Information Act/Privacy Act (FOIA/PA) request dated December 5, 2019, addressed to the Drug Enforcement Administration (DEA), Freedom of Information/Privacy Act Unit, seeking access to information regarding Burton Kaplan.
Your request has been assigned to me for processing and upon review I have identified around 15 hard copy investigative case files that would require search and review.
On average each investigative case file requires a minimum of four hours of search. Review time depends upon the number and type of responsive documents. I also note that given the age of the material, many of the files, if they still exist, will need to be obtained from the Federal Records Center.
Now, the vast majority of these files are cross-referenced to the subject of your request. This means that the subject is simply mentioned somewhere in the file and the focus of the investigation is not on the subject. Would you consider narrowing your request to subject only files (meaning your subject is the focus of the investigative case file and/or the case was initiated on the subject) or provide me with a specific time frame.
Please let me know if you are you amenable to reformulating your request for subject only files and/or providing a specific time
Thanks,
Deshelia Wallace

From: T. McElwee

Ms. Wallace:

Thank you for your reply and explanation, and I hope the FSRF staff are well given the circumstances.

I am more than happy to help you narrow scope: I am seeking materials from the period Burton Kaplan's cooperation in the federal case against Louis Eppolito and Stephen Caracappa. The cases against Kaplan himself (for narcotics smuggling) should be considered unimportant unless they are in the context of the cases of Eppolito and Caracappa (and possibly that of Anthony Casso, alias "Gaspipe").

For the sake of clarity: Eppolito and Caracappa are widely reported deceased, and there are no longer ongoing concerns about either their privacy or the protection of investigative records concerning them.

Thank you once again,
-TM

From: Drug Enforcement Administration

Good Morning Mr. McElwee,

Thanks for your quick response. You also have another FOIA request, case number 20-00108-F, requesting information on Louis Eppolito and Stephen Caracoppa and upon further review of that case, along with the additional information you provided below, I have identified two investigative cases that pertains to all of the subjects and those cases would contain more substantive material. Would you be interested in narrowing your requests to focus on the two investigative case files that links all of your subjects together? Please advise, so I can know how to move forward with your requests. Thanks for your time and I look forward to hearing from you.
Thanks,
Deshelia

From: T. McElwee

Ms. Wallace:

Thank you for taking that initiative. Yes, I do believe that you are suggesting the best method going forward, i.e., concentrating on the cases where all three persons (Kaplan, Esposito, and Caracappa) are subjects. Please proceed.

Thanks,
-TM

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