Eric Potratz and Primordial Performance (Food and Drug Administration)
It is a clone of this request.
| Tracking # |
2019-3669 FDA1952326 |
| Multi Request | Eric Potratz and Primordial Performance |
| Submitted | March 26, 2019 |
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Communications
From: Anthony Roberts
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All case files, documents, depositions, witness statements, evidence (both prosecution and defense), reports, memorandum, emails, exhibits, inspection reports, agent reports, and enforcement actions that mention Eric Potratz and/or his company, Primordial Performance, resulting in (and from) The United States vs. Eric Potratz (Case 5:15-cr-00236-LHK). The first indictment was filed on April 29, 2015 and a superceding indictment was filed on July 7, 2016. These charges were brought against Mr. Potratz in United States District Court, Northern District of California, San Jose Division, by United states Attorney Melinda Haag and Brian J. Stretch, with Assistant U.S. Attorney Matthew A. Parrella and Joseph A. Springsteen.
Special Agent Derek Roy of FDA was the complaintaint, with Jeff Novitzky and Hilary Rickher were part of the FDA investigative team. Additional investigative action may have been performed by DEA.
Federal Public defender Graham Archer was counsel for the defendant.
The case was brought to trial and a not guilty verdict was returned on all counts.
My request should be construed as including all documents generated by, or sent to and from, each person named above, that reference this case, the defendant, or his company.
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,
Anthony Roberts
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following request, copied below. 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: Food and Drug Administration
*** This is an automated message. Please do not reply to this email. ***
Reference: FDA1952326
Dear Requester,
This is to confirm that you submitted a request for record(s) from the Food and Drug Administrationpursuant to the Freedom of Information Act.
FOIA staff will review your request to determine whether it has sufficient information to be processed;if so, you will receive another email as a formal acknowledgement of your request, with a control number for your request.
If your request is not sufficiently described,or if there are any other deficiencies with your submission, FOIA staff will contact you via telephone or email.
From: Food and Drug Administration
Note: Do NOT reply directly to this E-mail
MUCKROCK Anthony Roberts
Re: Confirmation # FDA1952326
In Reply refer to: 2019-3669
The Food and Drug Administration (FDA) has received your Freedom of Information Act (FOIA) request for records regarding:
All case files, documents, depositions, witness statements, evidence (both prosecution and defense), reports, memorandum, emails, exhibits, inspection reports, agent reports, and enforcement actions that mention Eric Potratz and/or his company, Primordial Performance, resulting in (and from) The United States vs. Eric Potratz (Case 5:15-cr-00236-LHK).
Original Subject: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: All case files, documents, depositions, witness statements, evidence (both prosecution and defense), reports, memorandum, emails, exhibits, inspection reports, agent reports, and enforcement actions that mention Eric Potratz and/or his company, Primordial Performance, resulting in (and from) The United States vs. Eric Potratz (Case 5:15-cr-00236-LHK). The first indictment was filed on Ap...
We will respond as soon as possible and may charge you a fee for processing your request. If your informational needs change, and you no longer need the requested records, please contact us to cancel your request, as charges may be incurred once processing of your request has begun. For more information on processing fees, please see http://www.fda.gov/RegulatoryInformation/FOI/FOIAFees/default.htm. If you have any questions about your request, please call Rochelle A. Coleman, Information Technician at (301) 796-8982 or write to us at: (http://www.fda.gov/RegulatoryInformation/FOI/FOIAFees/default.htm)
Division of Freedom of Information, U.S. Food and Drug Administration
5630 Fishers Lane, Room 1035
Rockville, MD 20857
Fax:(301)827-9267
You also have the right to seek dispute resolution services from:
FDA FOIA Public Liaison
Office of the Executive Secretariat
5630 Fishers Lane, Room 1050
Rockville, MD 20857
E-Mail: FDAFOIA@fda.hhs.gov and/or:
Office of Government Information Services
National Archives and Administration
8601 Adelphi Road ? OGIS
College Park, MD 20740-6001
Telephone: 202-741-5770
Toll-Free: 1-877-684-6448
E-mail: ogis@nara.gov
Fax: 202-741-5769
From: Food and Drug Administration
The request has been rejected by the agency.
From: Michael Morisy
Dear Requestor,
The attached records are being provided by the Office of Regulatory Affairs (ORA), Office of Criminal Investigations, in response to your request 2020-6606, for records from the Food and Drug Administration pursuant to the Freedom of Information Act regarding:
All case files, documents, depositions, witness statements, evidence (both prosecution and defense), reports, memorandum, emails, exhibits, inspection reports, FDA-OCI agent reports, and enforcement actions that mention Eric Potratz and/or his company, Primordial Performance, resulting in (and from) The United States vs. Eric Potratz (Case 5:15-cr-00236-LHK).
Per our phone conversation on 9/21/20, at this time, you are willing to accept Potratz’s two Memorandum of Interviews and all Reports of Investigations.
Your request is granted in part. After a thorough review of the responsive records, we have determined that portions of the documents are exempt from disclosure under FOIA exemptions (b)(4), (b)(5), (b)(6), and (b)(7) of the FOIA 5 U.S.C. § 552, as amended and delineated below:
Exemption (b)(4) permits the withholding of trade secrets and commercial or financial information obtained from a person that is privileged or confidential. We have determined that portions of the enclosed records satisfy these criteria.
Exemption (b)(5) permits the withholding of inter-agency or intra-agency communications records which are part of the deliberative process and pre-decisional. Disclosure of such material could inhibit the open and candid expression of opinions and diminish the quality of the decision-making process.
Exemption (b)(6) permits the withholding of information which, if released, would constitute a clearly unwarranted invasion of personal privacy. In this case, it was determined that there is no countervailing public interest qualifying under the standard set forth, under exemption (b)(6), to release the personal identifying information of certain third parties.
Exemption (b)(7) protects from disclosure "records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual.
OCI considers your request closed. If you have any questions about this response, you may contact me at 301-821-2089 or frances.seiner@fda.hhs.gov.
You have the right to appeal this determination. By filing an appeal, you preserve your rights under FOIA and give the agency a chance to review and reconsider your request and the agency’s decision. Your appeal must be mailed within 90 days from the date of this response to: Director, Office of the Executive Secretariat, US Food & Drug Administration, 5630 Fishers Lane, Room 1050, Rockville, MD 20857; Email: FDAFOIA@fda.hhs.gov. Please clearly mark both the envelope and your letter “FDA Freedom of Information Act Appeal.”
If you would like to discuss our response before filing an appeal to attempt to resolve your dispute without going through the appeals process, please contact Katherine Uhl at 301-796-8975. You may also contact the FDA FOIA Public Liaison for assistance at: Office of the Executive Secretariat, US Food & Drug Administration, 5630 Fishers Lane, Room 1050, Rockville, MD 20857; Email: FDAFOIA@fda.hhs.gov.
If you are unable to resolve your FOIA dispute through our FOIA Public Liaison, the Office of Government Information Services (OGIS), the Federal FOIA Ombudsman’s office, offers mediation services to help resolve disputes between FOIA requesters and Federal agencies. The contact information for OGIS is as follows:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road – OGIS
College Park, MD 20740-6001
Telephone: 202-741-5770
Toll-Free: 1-877-684-6448
Email: ogis@nara.gov
Sincerely,
Frances M. Seiner
OCI FOIA Officer
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