Earl Brian companies (Federal Bureau of Investigation)

Emma Best filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking #

1416854-000, DOJ-AP-2019-002847

1416854-000

Multi Request Earl Brian companies
Due Jan. 17, 2019
Est. Completion None
Status
Awaiting Response

Communications

From: Emma Best


To Whom It May Concern:

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

files relating to or mentioning the following companies:

Infotechnology
Biotech Capital
Biotech
Financial News Network
United Press International

Please include but do not limit the response to materials relating to Earl Brian's June, 1993 settlement with the Securities and Exchange Commission on charges of inflating Financial News Network's revenues by millions of dollars.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross- section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media.

Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

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,

Emma Best

From: Federal Bureau of Investigation

Please check the status of your FOIPA Request at http://vault.fbi.gov by clicking on “Check Status of Your FOI/PA Request” on the right side of the page, and follow the instructions below.

Check the Status of Your FOIPA Request
If your FOIPA Number is [1234567-0] please enter [1234567-000] into the system. If your FOIPA Number is [1234567-1] please enter [1234567-001] into the system. If you have any questions about the status of your FOIPA request, please e-mail foipaquestions@ic.fbi.gov.

FIND STATUS OF FOIPA- Request statuses are updated weekly

Please enter the whole FOIPA number-Example: [1234567-000]

FOIPA:
Results will show the Request Number, Case Type and Process Description shown below:
FOIPA:
1234567-000

Case Type:
FOIPA

Process Description (Will display the current progress of the request)
The FBI’s FOIPA Program is searching the FBI’s indices for potentially responsive documents.
You may be contacted via formal letter for all fees and/or negotiation issues that may apply.

NOTE: Recent requests are entered into the FOIPA database in the order that they are received. Before you can check the status, you must have received correspondence assigning a FOIPA request number and the information transferred to the online database. Status information is updated weekly. If a request has been closed within the last six months the online database will display the following: The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file.

Estimated Dates of Completion
Requests are processed in the order in which they are received through our multi-track processing system. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium, large, and extra-large sub-tracks based upon request size. Simple track requests typically require the least amount of time to process. Currently, simple track cases average approximately 134 days from the date of receipt for processing. Our complex requests in the medium processing track are currently averaging 523 days, large processing track are currently averaging approximately 1,335 days, and extra-large processing track are currently averaging 1,875 days for processing.

Respectfully,

Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Information Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391
Questions E-mail: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

From: Federal Bureau of Investigation

There are eFOIA files available for you to download.

  • Eac97c261ac753c78138486a8f34a6746034c7de9_Q42005_D2191099

From: Federal Bureau of Investigation

There are eFOIA files available for you to download.

  • Eac97c261ac753c78138486a8f34a6746034c7de9_Q41478_D2191699

From: Federal Bureau of Investigation

There are eFOIA files available for you to download.

  • Eac97c261ac753c78138486a8f34a6746034c7de9_Q42003_D2195701

From: Emma Best

I would like to speak to a negotiator regarding FOIPA 1416853-000.

From: Emma Best

I am appealing the Bureau's claim that I didn't provide enough information, as I provided the organization name in question. The Bureau has repeatedly confirmed they can perform such a search, including but not limited to while responding to this very FOIA request.

  • Eac97c261ac753c78138486a8f34a6746034c7de9_Q41478_D2191699.pdf

  • Eac97c261ac753c78138486a8f34a6746034c7de9_Q42003_D2195701

From: Federal Bureau of Investigation

Thank you for considering narrowing the scope of your request. Your email will be forwarded to our negotiation team and a representative will be in contact. Please allow 1-2 weeks for this initial contact.

Respectfully,

Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Information Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391
Questions E-mail: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

From: Federal Bureau of Investigation

Good afternoon Ms. Best,

The Public Information Officer indicated that you wished to be in contact with a negotiator regarding this request. First, as a courtesy, please be aware that our records indicate that we have not yet received a response to the cost letter sent to you on January 29.

Please address that matter first, then we will be happy to discuss your request further.
Best regards,

FOIA Negotiation Team
FBI Information Management Division
540-868-1695

From: Federal Bureau of Investigation

This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: DOJ-AP-2019-002847
* Request Tracking Number: 1416854
* Requester Name: Emma Best
* Date Submitted: 02/28/2019
* Appeal Status: Submitted
* Description: FBI appeal

From: Federal Bureau of Investigation

There are eFOIA files available for you to download.

  • Eac97c261ac753c78138486a8f34a6746034c7de9_Q42006_D2253575

From: Emma Best

I'll take the first 4,999 releasable pages (i.e. after deletions) of FOIA 1416856-000. Thank you.

From: Federal Bureau of Investigation

The FBI has received your additional correspondence regarding your Freedom of Information/Privacy Act (FOIPA) request and it has been forwarded to the assigned analyst for review and determination.

Respectfully,

Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Information Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391
Questions E-mail: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps Status updates are performed on a weekly basis.

Note: This is a non-emergency email address. If this is an emergency, please call 911 directly. If you need to report a tip for immediate action, please contact FBI Tips at http://tips.fbi.gov/ or reach out to your local field office.

From: Federal Bureau of Investigation

Good Morning Ms. Best ,

We're contacting you about the FOIPA request made for records concerning Financial News Network. The FBI located approximately 7,015 pages potentially responsive to your request. Requests are processed in the order in which they are received through our multi-track processing system, and the FBI receives a voluminous amount of requests on a daily, weekly, monthly, and annual basis. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium (51-950 pages), large (951-8000 pages), and extra-large (over 8000 pages) sub-tracks based upon request size.

Simple track requests typically require the least amount of time to process. The more potentially responsive pages a request has, the more complex it becomes, greatly increasing the time required for processing. Generally, the larger the file, the longer it takes to process. A review of your request determined that it is currently in the complex request large processing track. Given our current workload and staffing levels, it may yet be a long time before you begin to receive material from this request.

Reducing the scope of your request may accelerate the processing and allow for a more timely receipt of the information you seek, as it could potentially place your request into a smaller, faster processing track. Would you be willing to consider reducing the scope of your request? If so, we would be happy to help you to decide the best approach to take. If you are looking for something specific, we could approach the scope reduction process in that way.

The current average time to complete a large track request is approximately 56 months.

Please let us know if you would like to potentially reduce the scope of your request. If you reduce the size, you can request the additional records with a new FOIA request upon completion of this one.

We can be reached via email at fbi.foipa.negotiation@fbi.gov, or you may call 540-868-4894. We appreciate your patience and hope to hear from you soon.

Sincerely,

Negotiation Team
FOIA Support Unit
FBI Information Management Division
Fbi.foipa.negotiation@fbi.gov
540-868-4894

From: Federal Bureau of Investigation

Good Morning Ms. Best,

We're following up with the email sent out May 17, 2019 to you with regards to your FOIA request 1416856-000 for records concerning Financial News Network. The original email goes into more detail for our contact with you. If you are interested in narrowing the scope of your request, please respond either by email or phone.

We can be reached via email at fbi.foipa.negotiation@fbi.gov, or you may call 540-868-4894. We thank you for your time and attention to this inquiry.

Sincerely,

Negotiation Team
FOIA Support Unit
FBI Information Management Division
Fbi.foipa.negotiation@fbi.gov
540-868-4894

From: Emma Best

As I wrote on the 6th,

"I'll take the first 4,999 releasable pages (i.e. after deletions) of FOIA 1416856-000. Thank you."

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pages

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