John D. Re – FBI investigation

Brendan O'Connor filed this request with the Federal Bureau of Investigation of the United States of America.
Tracking # 1340293-000
Status
Rejected
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Communications

From: Brendan O'Connor

To Whom It May Concern:

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

Records relevant to the criminal investigation conducted into John Re of East Hampton, New York, by FBI Special Agent Meridith Savona.

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 fees cannot be waived, 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,

Brendan O'Connor

From: Sobonya, David P. (RMD) (FBI)

Dear Mr. O’Connor,

The FBI has received your Freedom of Information Act/Privacy (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 a FOIPA request number. You will receive written notification of the FBI’s decision.

You have requested records concerning one or more third party individuals. The FBI recognizes an important privacy interest in the requested information. You may receive greater access to these records (if they exist) by providing one of the following: (1) an authorization and consent from the individual(s) (i.e., express authorization and consent of the third party); (2) proof of death (i.e., proof that your subject is deceased); or (3) a justification that the public interest in disclosure outweighs personal privacy (i.e., a clear demonstration that the public interest in disclosure outweighs personal property interests).

The U. S. Department of Justice CERTIFICATION OF IDENTITY (Authorization to Release Information to Another Person)-FORM DOJ-361<http://www.fbi.gov/foia/u.s.-department-of-justice-form-361-certification-of-identity>, and is also available at http://www.fbi.gov<http://www.fbi.gov>/, http://www.fbi.gov/foia/<http://foia.fbi.gov> or http://www.justice.gov/oip/. Note-please provide the following information on the OPTIONAL: Authorization to Release Information to Another Person line: Your name, title/business (if applicable) and a complete and current mailing address. Acceptable forms of proof of death include; obituaries, death certificates, recognized sources that can be documented, written media, Who’s Who in America, FBI file that indicates person is deceased or the Social Security Death Index. A waiver or proof of death is not required if date of birth is 100 years ago or greater. Note-a web link in itself does not satisfy proof of death.

Please return the form or letter to one of the following: by mail: FBI, Attn: FOIPA Request, 170 Marcel Drive, Winchester, VA 22602-4843, by fax: (540) 868-4391/4997 or by e-mail: foiparequest@ic.fbi.gov. You may submit an attachment listing additional information that may aid in locating responsive records. Please place your name and contact information on the attachment.

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

Thank you,

David P. Sobonya
Public Information Officer/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: Federal Bureau of Investigation

A fix is required to perfect the request.

From: Brendan O'Connor

Hi David.

Public interest in disclosure in these records outweighs personal privacy interests, because, as the Bureau of Prisons is increasingly being called upon to make up for deficits in the mental healthcare system, it is in the public interest to know how the FBI built its case against an individual—himself the victim of brutal childhood trauma—who was later diagnosed with dissociative identity disorder.

Re's fraud was a criminal act and he should suffer the consequences of it, but it was also an expression of his mental illness. Both the government and the defense, as well as the judge, allude to this in court documents.

In Department of Defense v. F.L.R.A., 114 S.Ct. 1006, 1012 (1994), the Supreme Court ruled, "The only relevant 'public interest in disclosure' to be weighed in this balance is the extent to which disclosure would serve the 'core purpose of the FOIA,' which is 'contribut[ing] significantly to public understanding of the operations or activities of the government." The disclosure of these records would significantly contribute to the public's understanding of how and why the government investigates and prosecutes the mentally ill.

From: Sobonya, David P. (RMD) (FBI)

Dear Mr. O’Connor,

The public interest request has been denied and correspondence regarding the request will be forthcoming.

Thank you,

David P. Sobonya
Public Information Officer/GIS
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4286
Fax: (540) 868-4391/4997

From: Federal Bureau of Investigation

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

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