Frank Tuminaro

Emma Best filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking # DOJ-AP-2017-003364
Est. Completion None
Status
Awaiting Appeal

Communications

From: Michael Best

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Records relating to or mentioning FRANK TUMINARO, died 8/16/1968. FBI# 243658C.

Proof of death: This individual is listed as dead in the FBI's Dead List, which also confirms the existence of the file. Per FBI standards and regulations, an FBI file is acceptable proof of death. For your convenience, a copy of the list may be found at https://archive.org/details/FBIRIDsDeadList2015

Please conduct a search of the Central Records System, including but not limited to the ELSUR Records System, the Microphone Surveillance (MISUR) Indices, the Physical Surveillance (FISUR) Indices, and the Technical Surveillance (TESUR) Indices, for both main-file records and cross-reference records for all relevant names, individuals, agencies and companies. If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Bureau has no other copies of said records (as the Bureau has posted copies of records that it previously said were transferred to NARA such as the Tokyo Rose file).

I am a member of the news media and request classification as such. I have previously written about the government and its activities for AND Magazine, MuckRock and Glomar Disclosure and have an open arrangement with each. My articles have been widely read, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through the non-profit Internet Archive, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance. Additionally, case law states that “proof of the ability to disseminate the released information to a broad cross-section of the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice, 365 F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice, 19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified because it also had “firm” plans to “publish a number of . . . ‘document sets’” concerning United States foreign and national security policy." Under this criteria, as well, I qualify as a member of the news media. Additionally, courts have held that the news media status "focuses on the nature of the requester, not its request. The provision requires that the request be “made by” a representative of the news media. Id. § 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a representative of the news media regardless of how much interest there is in the story for which he or she is requesting information." As such, the details of the request itself are moot for the purposes of determining the appropriate fee category. As such, my primary purpose is to inform about government activities by reporting on it and making the raw data available and I therefore request that fees be waived. Per DOJ FOIA guidance, "a requester should be granted a fee waiver if the requested information (1) sheds light on the activities and operations of the government; (2) is likely to contribute significantly to public understanding of those operations and activities; and (3) is not primarily in the commercial interest of the requester." As this FOIA meets all of those requirements (see above), a fee waiver is warranted.

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,

Michael Best

From: FOIPARequest

Dear Mr. Best,

The FBI has received your Freedom of Information/Privacy Act (FOIPA) request and it will be forwarded to Initial Processing for review. Your request will be processed under the provisions of FOIPA and a response will be mailed to you at a later date.

Requests for fee waivers and expedited processing will be addressed once your request has been assigned an FOIPA request number. You will receive written notification of the FBI’s decision.

Please be advised, beginning Wednesday, March 1, 2017, you will no longer be able to submit FOIPA requests via email. On this date, FOIPARequest@ic.fbi.gov<mailto:FOIPARequest@ic.fbi.gov> will permanently be taken offline and requests will need to be submitted using the FBI’s electronic FOIPA portal at https://efoia.fbi.gov, after development and testing for two years. With this full implementation, eFOIPA will provide the FBI with an automated process for the receipt and opening of requests, replacing the current manual process and substantially reducing the time it takes to receive and open each electronic request received. Given the FBI's high volume of requests, this will significantly increase efficiency.

The terms of service for the site will be modified to allow the uploading of attachments, to remove the limitation on the number of requests received each day by the application, to remove limitation on the number of requests which may be submitted by an individual per day, and increase availability to seven days a week-24 hours a day.

The eFOIPA system will allow requests of all types – e.g.; Privacy Act, deceased individuals, policies/procedures, events, organizations, etc. Requesters will:

• Receive digital confirmation directly on their email account.

• No longer have to wait for responses to be received using standard mail.

• View transmitted responses and releases from the convenience of their smart phone or tablet.

The FBI’s eFOIPA portal was designed and developed to be the FBI’s primary means for receiving FOIA and Privacy Act requests.

Should you have questions about preparing or submitting your request using this new service, you may email foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov> or contact the Public Information Officer directly at 540-868-4593. Alternatively, you may submit your request using fax or standard mail.

Information regarding the FOIPA is available at http://www.fbi.gov<http://www.fbi.gov>/ or http://www.fbi.gov/foia/<http://www.fbi.goiv/foia/>. If you require additional assistance please contact the Public Information Officer.

Thank you,

Leanna Ramsey
Public Information Officer
Record/Information Dissemination Section (RIDS) FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Direct: (540) 868-4593
Fax: (540) 868-4391/4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>

PLEASE REPLY DIRECTLY TO FOIPAREQUEST@IC.FBI.GOV

Do you have further questions about the FOI/PA process? Visit us at http://www.fbi.gov/foia

Please check the status of your request online at https://vault.fbi.gov/fdps-1/@@search-fdps. Status updates are performed on a weekly basis.

From: Federal Bureau of Investigation

A fix is required to perfect the request.

From: Michael Best

I am appealing the determination that I did not provide proof of death. Per the FBI's own standards, an FBI file is acceptable proof of death. I not only cited such an FBI file, I provided a link to it. However, this is not necessary as the file is not only in the possession of the Bureau but is managed by the Records Management Division and immediately available to all FOIA staff. The refusal to accept this is a hostile and adverse position adopted solely to obstruct and delay the FOIA process.

From: OIP-NoReply@usdoj.gov

04/05/2017 04:05 PM FOIA Request: DOJ-AP-2017-003364

From: OIP-NoReply@usdoj.gov

DOJ-AP-2017-003364 has been processed with the following final disposition: Completely reversed/remanded.

  • Best, Michael, DOJ-AP-2017-003364, FBI, soft remand, proof of death

From: Federal Bureau of Investigation

A letter stating that the request appeal has been received and is being processed.

From: Tony Frustino

Dear Mr. Best,

I have read your chain of correspondence in reference to "Freedom of
Information Request: Frank Tuminaro"

This information would be of great interest to me, as Frank Tuminaro was my
grandfather's first cousin. Despite the fact that there is a close
relationship with my family and Frank Tuminaro, very little is known
regarding his branch of the family.

If I am reading correctly the March, 3rd 2017 reply from the Department of
Justice, your request requires proof of death. They state "proof of death
can be a copy of a death certificate, Social Security Death Index, obituary,
or another recognized reference source."

Ancestry.com lists 3 references to his death as shown below. I also have a
copy of page 14 of the August 17, 1968 NEW YORK TIMES, which details the
discovery of his body. I can scan, and e-mail you a copy if you feel that
would qualify as a recognized reference source.

I hope some of this information helps you. If you do obtain the information
that you are seeking regarding Frank Tuminaro, please send an email advising
me.

Thank you for pursuing this request,

Tony

Frank Tuminaro in the U.S., Social Security Death Index, 1935-2014

Name:

Frank Tuminaro

SSN:

113-20-2958

BORN:

28 Oct 1928

Died:

Aug 1968

State (Year) SSN issued:

New York (Before 1951)

Frank Tuminaro in the U.S., Social Security Applications and Claims Index,
1936-2007

Name:

Frank Tuminaro

Gender:

Male

Birth Date:

28 Oct 1928

Death Date:

Aug 1968

Claim Date:

11 Dec 1968

SSN:

113202958

Frank Tuminaro in the U.S., Department of Veterans Affairs BIRLS Death
File, 1850-2010

Name:

Frank Tuminaro

Gender:

Male

Birth Date:

28 Oct 1928

Death Date:

14 Aug 1968

SSN:

113202958

Branch 1:

ARMY

Enlistment Date 1:

2 Oct 1946

Release Date 1:

22 Mar 1948

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