|Submitted||Dec. 21, 2017|
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To Whom It May Concern:
This is a request under the Freedom of Information Act.
In the United States of America v. Eric Potratz (CR-15-00236 LHK), former FDA-OCI Agent Jeff Novitzky reveals during sworn testimony that a dietary supplement manufacturer had claimed to use the analytical testing services of a particular company because that company was associated with Daniel Fabricant, who was at the time FDA's Director of Dietary Supplements, and as a result the manufacturer would receive less scrutiny from FDA. (Case 5:15-cr-00236-LHK Document 139 Filed 08/18/17, pages 16-17 located at: https://ecf.cand.uscourts.gov/doc1/035115789872 ). I hereby request all documents subsequently filed by Agent Novitzky that mention, reference, or name Daniel Fabricant, either by name or by job title, between the dates of October 30th, 2012 and August 18th, 2017. I am also requesting any and all correspondence between Fabricant and Novitzky during the time either or both were employed by FDA. I am also requesting any agency notes or documents of any sort that mention this allegation Novitzky testified to, and any notes or documents created during any subsequent investigation.
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.
An acknowledgement letter, stating the request is being processed.
The request has been rejected by the agency.