Files on John David McAfee and Investigations (Internal Revenue Service)

To Whom It May Concern:

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

I am writing to request information regarding John David McAfee and any investigations conducted by your agency. As you may be aware, Mr. McAfee was a prominent businessman, computer programmer, and cryptocurrency enthusiast who passed away on June 23, 2021, in Spain. I would appreciate any information you can provide regarding your agency's interactions with Mr. McAfee, investigations conducted, and related matters.

Specifically, I request the following information:

Any documents, including but not limited to reports, memoranda, and correspondence, related to any investigations into John David McAfee or any of his business ventures, including any ELSUR (electronic surveillance) records.

Any notes, emails, or other correspondence related to any interactions your agency had with Mr. McAfee, his associates, or his family members.

Any surveillance or investigative reports that mention Mr. McAfee or any of his business ventures, including any ELSUR records.

Any information on any charges or allegations made against Mr. McAfee, including any indictments, complaints, or information filed in court.

Any interagency communication related to John David McAfee or any of his business ventures.

Additionally, I request that a key-string search be performed on all relevant documents to identify any potentially relevant material that may not be specifically referenced in the above requests. Specifically, I request that a search be conducted for any mentions of the following keywords:

McAfee
John David McAfee
Cryptocurrency
Business ventures
Surveillance

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,

Jordan

Subject: Appeal of FOIA Request Denial - Case Number 2023-11784

Dear Ms. Fitti-Hafer,

I trust this letter finds you well. I am writing to formally appeal the denial of my Freedom of Information Act (FOIA) request, Case Number 2023-11784, dated May 2, 2023. Thank you for your prompt response and the information provided; however, I respectfully submit this appeal for your reconsideration based on additional details and legal considerations.

In my initial FOIA request, I sought information related to John David McAfee, a prominent figure in the fields of business, computer programming, and cryptocurrency, who passed away on June 23, 2021. My request encompasses various aspects, including investigations, interactions with your agency, surveillance reports, and interagency communications. I understand the importance of safeguarding sensitive information, particularly third-party return information, as mentioned in your response.

Revised Request:
Given that Mr. McAfee is deceased, I would like to clarify that the focus of my request is on non-sensitive information pertaining to investigations, interactions, and related reports. I am specifically interested in any documents, communications, or reports that do not involve third-party return information but may shed light on the investigative process, surveillance records, and interagency communications related to Mr. McAfee and his business ventures.

Legal Basis for Appeal:
I acknowledge the privacy concerns associated with third-party return information, as outlined in FOIA subsection (b)(3) and 26 U.S.C § 6103. However, I would like to draw your attention to relevant case law that supports a more nuanced approach to FOIA requests, particularly when the subject is deceased.

NARA v. Favish, 541 U.S. 157 (2004):
This case recognizes that the privacy interests protected by FOIA may diminish significantly when the subject is deceased. It underscores the need for agencies to consider the public interest in disclosure when weighing privacy concerns.

Detroit Free Press v. DOJ, 73 F.3d 93 (1996):
In this case, the court highlighted that the privacy interest of individuals is significantly reduced after their death. The public's right to access information may outweigh the diminished privacy interests, especially when the individual is no longer alive.

Specific Points for Reconsideration:

While understanding the necessity of protecting sensitive tax information, I request a thorough review to segregate non-exempt information related to investigations, surveillance, and interagency communications involving Mr. McAfee.

Considering Mr. McAfee's passing, the privacy interests associated with third-party return information may be significantly diminished, as established by relevant case law.

Emphasizing the public's right to access information of significant public interest, particularly in cases involving individuals who are no longer alive.

Conclusion:
I am willing to collaborate and modify the scope of the request to ensure compliance with applicable laws and regulations. I believe that a reconsideration, taking into account the legal nuances surrounding deceased individuals and the public interest, will result in the disclosure of non-sensitive information that is within the scope of my original request.

Please consider this letter as a formal appeal, and I look forward to your reconsideration of my FOIA request. If there are any additional steps or information required from my end, please do not hesitate to inform me.

Thank you for your attention to this matter.

Sincerely,

Jordan Lassiter