|Multi Request||FOIA log 2017|
|Submitted||Jan. 3, 2018|
|Due||Feb. 1, 2018|
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
your agency's FOIA request log covering 2017, which includes a field showing the subject of each request and a field for the final disposition.
Further, I request that this document be sent in any digital formats in which it exists (such as PDF and Excel). Under the terms of the E-FOIA Amendments of 1996, Section 5, if a document exists in electronic format, it must be released in that format upon request.
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.
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d281791626)
* Tracking Number: EOUSA-2018-001356
* Requester Name: Russ Kick
* Date Submitted: 01/04/2018
* Request Status: Submitted
* Description: To Whom It May Concern: This is a request under the Freedom of Information Act. I hereby request the following records: your agency's FOIA request log covering 2017, which includes a field showing the subject of each request and a field for the final disposition. Further, I request that this document be sent in any digital formats in which it exists (such as PDF and Excel). Under the terms of the E-FOIA Amendments of 1996, Section 5, if a document exists in electronic format, it must be released in that format upon request. 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, Russ Kick
FOIA/PA CONTACT: Donna Preston
FOIA/PA Unit, EOUSA
FAX: 202-252-6047 *PLEASE READ CAREFULLY*
Attached is a FOIA/PA request for records thought to be maintained in your office. You must search all manual and computer systems and thoroughly complete the accompanying "Record of Search" form.
After you have expended two hours of search time, stop searching and contact us. We will need an estimate of how long you believe it will take you to complete the search and approximately how many pages are in the file. This form and any applicable attachments must be completed and returned to this office within 10 days, unless otherwise advised. Incomplete forms will be returned to you for completion.
[ ] No Records
[ ] Records are attached.
[ ] Need more information, please specify?
[ ] Will require a computer run. If the request is for computer printouts, please advise whether your office can fulfill the attached request YES or NO and indicate the anticipated direct cost . Do not initiate any computer runs at this time.
If you have any questions concerning this matter, please contact the FOIA/PA person listed above.
A search was made and this form was completed by
(signature) on (date) .
COMMENTS: Please attempt to provide complete documents and in chronological order. If necessary, additional pages may be added to note special considerations, guidance, recommendations, etc.
Form No. 009 - 3/10
FOIA COST TRACKING FORM EOUSA NO.: EOUSA-2018-001356
Requester's Name: Russ Kick
District or EOUSA Component:
The Freedom of Information Act allows us to charge for search time. Search time is the time spent searching for the requested record. Please keep track of the time spent searching for the records to respond to the above request.
The data provided by your office under "Actual Time Expended", will be the basis for the Annual FOIA/PA Report to Congress. Every employee in your office who has expended any time on this request should fill out the amount of time expended.
It is essential to return this completed form at the time the attached memorandum is returned. ACTUAL TIME EXPENDED MINUTES/HOURS [ ] ATTORNEY ______________________
[ ] PARALEGAL ______________________
[ ] OTHER: __________ ______________________
Executed on __________________ Phone Number: _________________
Form No. 036 - 3/10
Requester: Russ Kick Request: EOUSA-2018-001356
CHECKLIST FOR PENDING LAW ENFORCEMENT PROCEEDING(S)
In order to apply FOIA Exemption (b)(7)(A), we must establish a) an actual or prospective law enforcement proceeding, and b) that the records to which the exemption will apply, if disclosed in whole or in part, would likely interfere with the identified proceeding(s).
You are required to review all documents in the responsive case file(s) and categorize each (see Form 010 Columns A & B), estimating number of pages in each, and identify the interference to the proceeding(s) that possible disclosure of each category would cause. Common examples: evidence, witnesses, prospective testimony, reliance placed by the government on evidence, transactions being investigated, direction of the investigation, government strategy, confidential informants, scope and limits of the government’s investigation, prospective new defendants, Jencks Act protected materials, attorney work product, methods of surveillance, and subjects of surveillance.
You are required to segregate documents that would not interfere from those that would likely interfere, forwarding them to be reviewed under the other FOIA exemptions available.
PLEASE COMPLETE THE FOLLOWING:
1. ATTACH THE DOCKET SHEET: relevant portions may be sufficient to establish the pending status/case history where too lengthy.
2. IDENTIFY the pending matter(s) and give date(s):
3. IDENTIFY all co-defendants/fugitives/targets:
4. Has the pending matter been publicly acknowledged?
5. Does the requester know of the pending matter?
The key to successfully asserting this exemption rests with satisfying the above requirements. At each progressive stage of the prosecution, including appeals/2255's, the interference from possible disclosures lessens. Investigation/trial stages are the easiest to defend and cover the most materials. Co-defendants, fugitives, targets are important factors. A retrial is a typical interference circumstance, but always remember that other exemptions are also available to these same documents.
(Page 1 of 2)
Form No. 007A - 2/09
BE AWARE that you will likely have to justify your assertion of this exemption in a declaration filed in a district court litigation. For this reason, an attorney having knowledge of the proceeding(s) should complete this form.
I declare under penalty of perjury that I have personally reviewed all documents located in the responsive case file, have categorized each, have to the best of my ability segregated materials that would interfere with the identified law enforcement proceeding(s), and have truthfully asserted the harms that possible disclosure of those records to the carrying out of my duties such proceeding(s).
Executed on ___________________________________________
Typed Name: __________________________________________
Signature of AUSA: _____________________________________
Phone Number: ________________________________________
(Page 2 of 2)
Form No. 007A - 2/09
Certification of Search
Requester Name: Russ Kick
Request Number: EOUSA-2018-001356
I certify that I conducted a search for records responsive to the above-referenced FOI/PA request as follows:
1a. Names searched under_____________________________________________________
Any other names searched, A.K.A. etc. ________________________________________
1b. Subject searched under_____________________________________________________
1c. Case files searched CR#_______________________ CIV# ______________________
2. Computer Systems Searched: _______________________________________________
_______________ PROMIS; _____________ TALON; _____________ LIONS;
_______________ Other, List: __________________________________________
3. I searched all card file indexes for _______________ Criminal; ______________ Civil;
____________ Asset Forfeiture cases; _______________ other files index for our office.
4. I searched the Federal Records Center ____________ Criminal; _______________ Civil; _________________ other files index for our office.
5. Records were destroyed. Attached is a copy of evidence to prove that records were destroyed. ___________________
6. I e-mailed/faxed/phoned ___________ Criminal AUSAs; __________Civil AUSAs ; and
______________other staff members (i.e. ______________ ) regarding whether they have any files in their offices on subject(s).
7. I took other search measures, as follows: ______________________________________
8. I have attached all written documentation indicating dates I searched, where, who I called, et
I declare under penalty of perjury that the foregoing is true and correct.
Executed on __________________________ Phone Number:________________
Typed Name: __________________________________________________________________
This letter acknowledges receipt of your Freedom of Information Act/Privacy Act (FOIA) request received in the Executive Office For United States Attorneys on 01/04/2018.
Your request has been assigned Tracking Number: EOUSA-2018-001356/EOUSA FOIA.
Your request seeks records from one or more field offices, and involves many voluminous records and/or requires consultation with another agency/component with a substantial interest in the subject-matter and therefore falls within “unusual circumstances” as set forth in the statue. See 5 U.S.C.S § 552(a)(6)(B)(i)-(iii). Accordingly, we are extending the time limit to respond to our request for ten additional days. See 5 U.S.C. § 552(a)(6)(B))(i). In addition, this Office assigns incoming requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a first-in, first-out basis in relation to other requests in the same track. Simple requests usually receive a response in approximately 30 business days, whereas complex requests necessarily take longer. At this time, your request has been assigned to the complextrack.
Under FOIA and Department of Justice regulations you may be required to pay certain costs associated with processing your request, including, searching for, reviewing, and duplicating requested records. Consequently, you may potentially incur those costs, unless you have requested and been granted a waiver or reduction in fees. In most instances, the first 100 pages to duplicate and the first two hours to search for records responsive to your request, will be provided to you free of charge. If after making those allowances, we determine that the cost to process your request will amount to more than $25.00, we will notify you in writing at a later date. 1 Requests that are specific, concrete and of limited scope (in time and/or subject matter) generally enable us to respond to you more quickly and possibly assess less fees. To avoid delay and reduce ay potential fees, we respectfully request that you modify and narrow the scope of your request (See attachment).
You may contact our FOIA Public Liaison at the telephone number listed above for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation service they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 96012 Adelphi Road-OGIS, College Park, Maryland 20740-6001; email at firstname.lastname@example.org; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. (mailto:email@example.com)
Form No. 001 - 8/16
1 Search and review fees by professional personnel are charged at $40 per hour and duplication fees are assessed at five cents per page
THIS IS NOT A BILL. DO NOT SEND MONEY
Russ Kick EOUSA-2018-001356
____I wish to modify my request in an attempt to obtain a quicker response and/or reduce fees as follows:
____ I understand that I am entitled to the first 100 pages and two hours of search time for free. Please do not search beyond two hours, nor duplicate beyond 100 pages.
____I agree to pay up to the following amount for duplication and search time: $_____________ I understand that this payment is required even if no documents are located or released to me. In the event that documents are located and released to me, I understand that I may be charged duplication fees in addition to search fees.
____I wish to withdraw my request.
Please return to:
600 E Street, N.W., Room 7300
Washington, DC 20530