FOIA Request: records on a deceased investigative subject, Gregory Scarpa Sr.

T. McElwee filed this request with the United States Secret Service of the United States of America.
Tracking #

20200523

Status
Completed

Communications

From: T. McElwee


To Whom It May Concern:

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

All records regarding in the Secret Service's criminal investigations Gregory Scarpa Sr., a known member of the Colombo family of La Cosa Nostra (LCN), and his associated headquarters known as the Wimpy Boys Athletic Club (alternately known as Wimpy Boys Social Club) in Brooklyn New York.

Upon information and belief, the Secret Service investrigated Gregory Scarpa Sr. for credit card fraud in 1985. The case was prosecuted in the Eastern District of New York as part of a Brooklyn Organized Crime Strike Force. However, any records concerning Gregory Scarpa Sr. or the Wimpy Boys Athletic Club/Social Club are of interest and should be considered responsive, regardless of date.

To assist in the location or potential cross-referencing of records, Gregory Scarpa Sr.'s date of birth was May 8, 1928; the first 5 digits of his Social Security number were 133-18; Scarpa's US BOP Register Number was 30880-053. The Wimpy Boys Athletic/Social Club's address was 7506 13th Ave, Brooklyn, NY.

Gregory Scarpa Sr. is known to be deceased since 1994; as proof, please accept a PDF printout of the U.S. Bureau of Prisons Inmate query for his name, which notes his date of death. The privacy concerns covered by the Privacy Act and exceptions 6 and 7 of the FOIA should be considered moot. Please also note that the Federal Bureau of Investigation has previously granted access to its files regarding Scarpa Sr. (through FBI Vault) upon a FOIA 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,

T. McElwee

From: United States Secret Service

Submitted on Wednesday, February 19, 2020 - 23:52
Submitted by user: Anonymous
Submitted values are:

Select the DHS component you wish to submit your request to: : United States
Secret Service (USSS)
Title:
First Name: T.
Middle Initial:
Last Name: McElwee
Suffix:
Email Address: requests@muckrock.com
Country: United States
Address 1: MuckRock News DEPT MR 88382
Address 2: 411A Highland Ave
City: Somerville
State: Massachusetts
Zip Code: 02144
Telephone Number: 617-299-1832
Fax Number:
Are you requesting records on yourself? No
If yes, you must check the perjury statement:
By initialing here you are providing your electronic signature.:
Please describe the records you are seeking as clearly and precisely as
possible:
To Whom It May Concern:

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

All records regarding in the Secret Service's criminal investigations Gregory
Scarpa Sr., a known member of the Colombo family of La Cosa Nostra (LCN), and
his associated headquarters known as the Wimpy Boys Athletic Club
(alternately known as Wimpy Boys Social Club) in Brooklyn New York.

Upon information and belief, the Secret Service investrigated Gregory Scarpa
Sr. for credit card fraud in 1985. The case was prosecuted in the Eastern
District of New York as part of a Brooklyn Organized Crime Strike Force.
However, any records concerning Gregory Scarpa Sr. or the Wimpy Boys Athletic
Club/Social Club are of interest and should be considered responsive,
regardless of date.

To assist in the location or potential cross-referencing of records, Gregory
Scarpa Sr.'s date of birth was May 8, 1928; the first 5 digits of his Social
Security number were 133-18; Scarpa's US BOP Register Number was 30880-053.
The Wimpy Boys Athletic/Social Club's address was 7506 13th Ave, Brooklyn,
NY.

Gregory Scarpa Sr. is known to be deceased since 1994; as proof, please
accept a PDF printout of the U.S. Bureau of Prisons Inmate query for his
name, which notes his date of death. The privacy concerns covered by the
Privacy Act and exceptions 6 and 7 of the FOIA should be considered moot.
Please also note that the Federal Bureau of Investigation has previously
granted access to its files regarding Scarpa Sr. (through FBI Vault) upon a
FOIA 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,

T. McElwee

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/LXHXZZTVENTLKU/81179/Gregory20Scarpa20Inmate20Locator.pdf
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From: United States Secret Service

Dear Requester, Please see the attached letter regarding the status of yourFOIA/PA request.  If you have any questions in regard to this matter,please contact this office at (202) 406-6370. Thank you, Freedom of Information Act & Privacy Act Program United States Secret Service 245 Murray Lane, SW, Building T-5 Washington, DC  20223 Phone: (202) 406-6370 Fax: (2020 406-5586 Email: FOIA@USSS.DHS.GOV

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.  ­­

From:

Dear Requester, Attached you will find the finalresponse regarding your Freedom of Information Act & Privacy Actrequest.  If you have any questions regarding this matter, please contactthis office by replying to this email or calling us at (202) 406-6370. Thank you, Freedom of Information Act &Privacy Act Program United States Secret Service 245 Murray Lane, SW, Building T-5 Washington, DC 20223 Phone: (202) 406-6370 Fax: (202) 406-5586 Email: FOIA@USSS.DHS.GOV

All e-mail to/from this account is subject to official review and is for official use only. Action may be taken in response to any inappropriate use of the Secret Service's e-mail system. This e-mail may contain information that is privileged, law enforcement sensitive, or subject to other disclosure limitations. Such information is loaned to you and should not be further disseminated without the permission of the Secret Service. If you have received this e-mail in error, do not keep, use, disclose, or copy it; notify the sender immediately and delete it.  ­­

From: T. McElwee

To whom it may concern:

In the matter of my FOIA Request (assigned File Number: 20200523) I hereby appeal, on grounds that records likely exist and that the search was not properly done and that records were not properly returned.

Speaking to the likelihood that records exist or existed: there are two credible news accounts of Scarpa's arrest (one in the New Yorker; the other in the New York Times), which indicate that staff of the Secret Service visited the Wimpy Boys Athletic Club and made contact with Gregory Scarpa Sr. Upon information and belief, this was a "sting" or "buy-and-bust" operation to purchase counterfeit credit cards as evidence of credit card fraud. This occurred in the period approximately from 1985-1986.

The two articles are attached for reference. I believe this to be adequate evidence that records existed and at were in the possession of the Secret Service at some point.

Speaking to the return of records, after reviewing appropriate agency literature (FR Doc No: 2011-20226 "Department of Homeland Security/United States Secret Service--001 Criminal Investigation Information System of Records"), I will stipulate to the possibility that due to the age of the files, they were possibly transferred to the National Archives or destroyed. However, even in this case, the Secret Service should possess destruction or transfer slips appropriately indicating the record's destruction or transfer.

If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as responsive records well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that Secret Service has no other copies of said records.

My thanks for your timely response and consideration.

-TM

From: United States Secret Service

A copy of documents responsive to the request.

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