IRS Ross Ulbricht Silk Road
| Tracking # |
2023-09744 F2023-09744 FOIA Case 2023-09744 2023-09744 |
| Submitted | March 3, 2023 |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Pertaining to the investigation of Ross Ulbricht and the Silk Road case.
Ross Ulbricht was the founder and administrator of Silk Road, an online black market that operated on the dark web from 2011 to 2013. Silk Road allowed users to buy and sell illegal drugs, counterfeit goods, and other illegal items anonymously using Bitcoin.
In 2013, Ulbricht was arrested by the FBI and charged with money laundering, computer hacking, and conspiracy to traffic narcotics. The government alleged that Ulbricht was responsible for facilitating over $1 billion in illegal transactions on Silk Road. The case against Ulbricht was highly public.
Specifically, I am requesting any records related to communication between the Internal Revenue Service (IRS) and other agencies such as the Federal Bureau of Investigation (FBI), Central Intelligence Agency (CIA), and any other relevant agencies, in regard to the investigation of Ross Ulbricht and the Silk Road case.
Additionally, I am requesting any internal notes or documents related to the investigation of Ross Ulbricht and the Silk Road case, including any documents related to the joint task force involved in the investigation.
Please include any and all records, including but not limited to memos, emails, reports, and any other relevant documents related to the investigation of Ross Ulbricht and the Silk Road case.
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
From: Internal Revenue Service
Dear Jordan:
Attached is the acknowledgement letter for your FOIA request, case number 2023-09744.
Gail Minauro
Tax Law Specialist
Disclosure Office 13
313-234-1856 PHONE
855-205-9335 FAX
From: Internal Revenue Service
An interim response, stating the request is being processed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on March 3, 2023. You had previously indicated that it would be completed on March 31, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2023-09744.
Thanks for your help, and let me know if further clarification is needed.
From: Internal Revenue Service
Extension letter was mailed to the MUCKROCK address shown in the FOIA request on March 29, 2023. Extension date to May 5, 2023.
Gail Minauro
Tax Law Specialist
Disclosure Office 13
313-234-1856 PHONE
855-205-9335 FAX
-
~WRD0000
From: Internal Revenue Service
An interim response, stating the request is being processed.
From: Internal Revenue Service
Dear Jordan NA:
Please find attached a FOIA Final Response Letter for the above referenced request.
Thank you,
Kimberly Hill
Tax Law Specialist
Disclosure Office 13
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on March 3, 2023. You previously indicated that it would be completed on June 16, 2023. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2023-09744.
Thanks for your help, and let me know if further clarification is needed.
From: Internal Revenue Service
Dear Jordan N/A:
Attached is an extension letter for your FOIA request, case number 2023-09744.
Gail Minauro
Tax Law Specialist
Disclosure Office 13
313-234-1856 PHONE
855-205-9335 FAX
From: Internal Revenue Service
An interim response, stating the request is being processed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on March 3, 2023. You previously indicated that it would be completed on July 21, 2023. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2023-09744.
Thanks for your help, and let me know if further clarification is needed.
From: Internal Revenue Service
Extension letter mailed on July 11, 2023.
Gail Minauro
Tax Law Specialist
Disclosure Office 13
313-234-1856 PHONE
855-205-9335 FAX
-
~WRD0000
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on March 3, 2023. You had previously indicated that it would be completed on July 21, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2023-09744.
Thanks for your help, and let me know if further clarification is needed.
From: Internal Revenue Service
An extension letter was mailed to Muck Rock on July 11, 2023.
Gail Minauro
Tax Law Specialist
Disclosure Office 13
313-234-1856 PHONE
855-205-9335 FAX
-
~WRD0000
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on March 3, 2023. You previously indicated that it would be completed on Sept. 8, 2023. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2023-09744.
Thanks for your help, and let me know if further clarification is needed.
From: Internal Revenue Service
Dear MuckRock News (DEPT MR 141726), attached is correspondence related to you FOIA request.
We received your email inquiry dated August 21, 2023, regarding the status of your request. Unfortunately, we will be unable to meet the September 8, 2023, date promised and need additional time to process your request.
I apologize for any inconvenience this delay may cause.
Sincerely,
Michael
Michael C. Young
Disclosure Tax Law Specialist
Disclosure Office 13
Phone: 949-575-6406
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on March 3, 2023. You previously indicated that it would be completed on Nov. 28, 2023. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2023-09744.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on March 3, 2023. You had previously indicated that it would be completed on Nov. 28, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2023-09744.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on March 3, 2023. You had previously indicated that it would be completed on Nov. 28, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2023-09744.
Thanks for your help, and let me know if further clarification is needed.
From: Internal Revenue Service
Dear MuckRock News,
Attached is IRS’s response to FOIA Request Case No. 2023-09744, which was mailed on November 8, 2023.
Please contact me or our FOIA Public Liaison (312-292-3297) if you have any questions.
Michael
Michael C. Young
Disclosure Tax Law Specialist
Disclosure Office 13
Phone: 949-575-6406
-
~WRD0000
From: Jordan Lassiter
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road--OGIS
College Park, MD 20740-6001
Re: Appeal of FOIA Request Denial – Case Number: 2023-09744
Dear Sir/Madam,
I am writing to appeal the decision of the Internal Revenue Service (IRS) to deny my Freedom of Information Act (FOIA) request dated March 3, 2023, regarding records pertaining to the investigation of Ross Ulbricht and the Silk Road case. The denial, communicated in a letter dated November 8, 2023, from Jeremy Woods, Sr., Acting Disclosure Manager, cites FOIA exemption (b)(3) in conjunction with Federal Rule of Criminal Procedure 6(e) as the basis for withholding the requested records.
Grounds for Appeal:
Misapplication of Exemption (b)(3) and Rule 6(e): The IRS’s reliance on exemption (b)(3) in conjunction with Rule 6(e) is overly broad. In McGehee v. CIA, 697 F.2d 1095 (D.C. Cir. 1983), the court held that agencies must demonstrate that the records were matters occurring before the grand jury. The IRS has not provided specific evidence that all requested documents fall under this category.
Public Interest Consideration: The IRS failed to consider the significant public interest in the disclosure of these records. In Department of Justice v. Reporters Committee for Freedom of Press, 489 U.S. 749 (1989), the Supreme Court emphasized balancing public interest against potential harm. The Silk Road case is a matter of public concern, and disclosure would contribute significantly to public understanding of the operations and activities of the government.
Segregability Requirement: The IRS has not demonstrated that all portions of the requested documents are exempt from disclosure. As per Mead Data Central, Inc. v. U.S. Department of Air Force, 566 F.2d 242 (D.C. Cir. 1977), agencies are required to provide any reasonably segregable portion of a record after deleting the portions exempted from disclosure.
Relief Sought:
I respectfully request a review of the decision to deny my FOIA request. I ask that the IRS re-evaluate the applicability of exemption (b)(3) and Rule 6(e), consider the public interest in disclosure, and assess the possibility of releasing segregable non-exempt portions of the requested records.
Thank you for your attention to this matter. I look forward to a prompt response to my appeal.
Sincerely,
Jordan Lassiter
Enclosures: Copy of original FOIA request, IRS denial letter
CC: Jeremy Woods, Sr., Acting Disclosure Manager, IRS Disclosure Office 13
From: Internal Revenue Service
The request has been rejected by the agency. Postmark: November 09, 2023
From: Internal Revenue Service
Dear MuckRock News (DEPT MR 141726),
Our records indicate that information pertaining to a FOIA appeal for FOIA Case 2023-09744 was sent to the Commissioner's office and received on 1/29/2024. The information sent to the Commissioner's office was forwarded and received by the Independent Office of Appeals on 3/8/2024.
Review of the FOIA appeal indicates we did not receive the complete Appeal package previously sent to the Commissioner's office. The FOIA Appeal shows five pages were sent, but only the odd pages were received. Because of this, we did not receive a complete FOIA Appeal package.
We are unable to start the review of your FOIA Appeal until we have received a complete copy of your FOIA Appeal request.
Please provide a complete copy of your FOIA appeal request for FOIA case F2023-09744 prior to March 26, 2024 (10 business days from the date of this email).
I apologize for the inconvenience. Thank you for your cooperation.
Kristi Williquette
Appeals officer
178 S. Rio Grande St. Suite 350A
MS 8000KW
Salt Lake City, UT 84101-1501
Phone: 801-799-6633
Fax: 855-375-0014
From: Internal Revenue Service
Dear MuckRock News (DEPT MR 141726),
This is a follow up to the email I previously sent to you March 12, 2024 as no response has been received.
Our records indicate that information pertaining to a FOIA appeal for FOIA Case 2023-09744 was sent to the Commissioner's office and received on 1/29/2024. The information sent to the Commissioner's office was forwarded and received by the Independent Office of Appeals on 3/8/2024.
Review of the FOIA appeal indicates we did not receive the complete Appeal package previously sent to the Commissioner's office. The FOIA Appeal shows five pages were sent, but only the odd pages were received. Because of this, we did not receive a complete FOIA Appeal package.
We are unable to start the review of your FOIA Appeal until we have received a complete copy of your FOIA Appeal request.
Please provide a complete copy of your FOIA appeal request for FOIA case F2023-09744 prior to March 26, 2024.
I apologize for the inconvenience. Thank you for your cooperation.
Kristi Williquette
Appeals officer
178 S. Rio Grande St. Suite 350A
MS 8000KW
Salt Lake City, UT 84101-1501
Phone: 801-799-6633
Fax: 855-375-0014
From: Internal Revenue Service
Hello,
We are sorry, but due to unusual circumstances pursuant to 26 CFR 601.702(c)(10)(iii), we must ask for an additional 10 business days (until April 19, 2024) to consider your FOIA appeal request for FOIA case 2023-09744. If you agree to this extension of time, no reply to this letter is necessary.
If you do not agree to this voluntary extension, the law permits you file suit in the United States District Court in the district where you live or work, or where the records are located, or in the District of Columbia, to obtain a response.
Thank you for your cooperation.
Kristi Williquette
Appeals officer
178 S. Rio Grande St. Suite 350A
MS 8000KW
Salt Lake City, UT 84101-1501
Phone: 801-799-6633
Fax: 855-375-0014
From: Internal Revenue Service
Hello,
Attached is the Appeals determination letter for your review.
Thank you,
Kristi Williquette
Appeals officer
178 S. Rio Grande St. Suite 350A
MS 8000KW
Salt Lake City, UT 84101-1501
Phone: 801-799-6633
Fax: 855-375-0014
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