Michele Sindona
| Tracking # |
1363595-000 1363595-000, DOJ-AP-2017-002400 |
| Submitted | Dec. 16, 2016 |
| Due | April 25, 2018 |
| Est. Completion | None |
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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:
Michele Sindona (May 8, 1920 – March 22, 1986), who was an Italian banker and convicted felon. Known in banking circles as "The Shark", Sindona was a member of Propaganda Due (#0501), a secret lodge of Italian Freemasonry, and had clear connections to the Sicilian Mafia. He was fatally poisoned in prison while serving a life sentence for the murder of lawyer Giorgio Ambrosoli. His death has been widely reported. http://www.nytimes.com/1986/03/23/world/michele-sindona-jailed-italian-financier-dies-cyanide-poisoning-65-center.html?pagewanted=all
Please conduct a search of the Central Records System, including but not limited to the Electronic Surveillance (ELSUR) Indices, 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, agencies, organizations and companies including but not limited to those mentioned above and in his obituary.
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.
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: FOIPAQUESTIONS
Dear Mr. Best,
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 an FOIPA request number. You will receive written notification of the FBI’s decision.
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/<http://www.fbi.goiv/foia/>. If you require additional assistance please contact the Public Information Officer.
Thank you,
Holly Early
Government Information Specialist
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO: (540) 868-4593
Direct: (540) 868-4854
Fax: (540) 868-4391/4997
E-mail: foiparequest@ic.fbi.gov<mailto:foiparequest@ic.fbi.gov>
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@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.
-
~WRD198
From: Federal Bureau of Investigation
An acknowledgement letter, stating the request is being processed.
From: Federal Bureau of Investigation
An interim response, stating the request is being processed.
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 16, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #1363595-000.
Thanks for your help, and let me know if further clarification is needed.
From: FOIPAQUESTIONS
Dear Mr. Best,
Please check the status of your FOIPA Request at https://vault.fbi.gov/fdps-1/@@search-fdps, and follow the instructions below.
Check the Status of Your FOIPA Request
If your FOIPA Number is [1195846-0] please enter [1195846-000] into the system. If your FOIPA Number is [1195846-1] please enter [1195846-001] into the system. If you have any questions about the status of your FOIPA request, please e-mail foipaquestions@ic.fbi.gov<mailto:foipaquestions@ic.fbi.gov>.
FIND STATUS OF FOIPA- LAST UPDATED ON January 25, 2017
Please enter the whole FOIPA number-Example: [1234567-000]
FOIPA:
Results will show the Request Number, Case Type and Process Description shown below:
FOIPA:
1234567-000
Case Type:
FOIPA
Process Description (Will display the current progress of the request)
The FBI’s FOIPA Program is searching the FBI’s indices for potentially responsive documents.
You may be contacted via formal letter for all fees and/or negotiation issues that may apply.
NOTE: Recent requests are entered into the FOIPA database in the order that they are received. Before you can check the status, you must have received correspondence assigning a FOIPA request number and the information transferred to the online database. Status information is updated weekly. If a request has been closed within the last six months the online database will display the following: The FOIPA number entered has been closed, and appropriate correspondence has been sent to the address on file.
Estimated Dates of Completion
Requests are processed in the order in which they are received through our multi-track processing system, and the FBI receives a voluminous amount of requests on a daily, weekly, monthly, and annual basis. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Our complex requests are further divided into medium, large, and extra-large sub-tracks. Simple track requests typically require the least amount of time to process.
Currently, simple track cases average approximately 181 days from the date of receipt for processing. Requests in the medium processing track are currently averaging 232 days from the date of receipt for processing, those in the large processing track are currently averaging approximately 659 days, and those in the extra-large track are averaging 998 days.
Thank you,
Holly Early
Government Information Specialist
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO Line: (540) 868-4593
Direct: (540) 868-4854
Fax: (540) 868-4391 or (450)868-4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@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.
-
~WRD000
From: Michael Best
I am appealing the "unusual circumstances" determination, as merely quoting or paraphrasing the statute is not sufficient. The Bureau must be able to demonstrate the unusual circumstances or at least cite the specific cause, which it has failed to do - as part of an ongoing pattern. This standard was established by the Bureau, which uses that standard for the purposes of fee waivers and more.
From: Federal Bureau of Investigation
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: Michael Best
I agree to pay duplication fees associated with this request.
From: FOIPAQUESTIONS
Dear Mr. Best,
The FBI has received your additional correspondence regarding your Freedom of Information Act/Privacy (FOIPA) request and it has been forwarded to the assigned analyst for review.
Additional information regarding the FOIPA may be accessed at http://www.fbi.gov/ or http://www.fbi.gov/foia/.
If you require additional assistance please contact me.
Thank you,
Holly Early
Government Information Specialist
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO Line: (540) 868-4593
Direct: (540) 868-4854
Fax: (540) 868-4391 or (450)868-4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@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.
-
~WRD000
From: FOIPAQUESTIONS
Dear Mr. Best,
The FBI has received your additional correspondence regarding your Freedom of Information Act/Privacy (FOIPA) request and it has been forwarded to the assigned analyst for review.
Additional information regarding the FOIPA may be accessed at http://www.fbi.gov/ or http://www.fbi.gov/foia/.
If you require additional assistance please contact me.
Thank you,
Holly Early
Government Information Specialist
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
PIO Line: (540) 868-4593
Direct: (540) 868-4854
Fax: (540) 868-4391 or (450)868-4997
Questions E-mail: foipaquestions@ic.fbi.gov<mailto:foipaquestions@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.
-
~WRD000
From: OIP-NoReply@usdoj.gov
02/17/2017 04:27 PM FOIA Request: DOJ-AP-2017-002400
From: OIP-NoReply@usdoj.gov
DOJ-AP-2017-002400 has been processed with the following final disposition: Closed for other reasons -- Other -- Affirmed Unusual Circumstances.
From: Wilson, Leslie C. (RMD) (FBI)
Good morning Ms. Best,
Reference is made to your Freedom of Information Act (FOIA) request 363595-000 for FBI records concerning Michele Sindona. The FBI has located approximately 12,497 pages that are potentially responsive to your request. Once requests go over a certain size, usually in the 50-100 page range, they become increasingly complex, greatly slowing down the time required for processing. Generally the larger the file, the longer it takes to process. Given our current workload and staffing levels, it may be a very long time before you would begin to receive material from this request.
We contact requesters with requests of this size to see if there might be a way to possibly narrow the scope. Is this something you might be willing to consider? If so, please contact me and we can discuss this possibility. We appreciate your patience and hope to hear from you soon.
Ms. Wilson
Government Information Specialist
Customer Support Unit
Records Management Division
Federal Bureau of Investigation
540-868-4894
From: Wilson, Leslie C. (RMD) (FBI)
Good morning Ms. Best,
I'm following up to the email I sent out last week to you with regards to your FOIA #1363595-000 on July 31, 2017. The previous email goes into more detail for our contact with you. If you are interested in narrowing the scope of your request, please contact me either by email or phone.
Thank you for your time and attention to this inquiry.
Sincerely,
Leslie Wilson
From: Emma North-Best
I'm afraid I'll need the entire file. Sorry for the delay in responding!
From: Federal Bureau of Investigation
Good evening Ms. Best,
Reference is made to your Freedom of Information Act (FOIA) request # 1363595-000 for FBI records concerning Michele Sindona. The FBI has located approximately 12,497 pages that are potentially responsive to your request. Once requests go over a certain size, usually in the 50-100 page range, they become increasingly complex, greatly slowing down the time required for processing. Generally the larger the file, the longer it takes to process. Given our current workload and staffing levels, it may be a very long time before you would begin to receive material from this request.
We were in touch with you this past February at which time you declined to narrow the scope of this request. This request is one of many extra-large sized ones. I'm following up to ensure that you do want all records to be processed on this subject. There are five files, 3 Headquarters and 2 New York field office files. One of the files consists of one file section with records after the subject's death. The Headquarters files include records from 1979 to 1986. The New York files cover 1978 to 1987. If the main file sections are processed for these four files it does reduce the size of the request down to 9,078 pages. I can locate duplicate and/or administrative type pages to bring the page count down to 8,000 pages for which the request would move from the extra-large track to the large track. The sub files would be eliminated at this time.
Please let me know if you are interested in this approach. Another FOIA request can be submitted for additional records once this reduced request is completed.
We do appreciate your continued patience and hope to hear from you soon.
Sincerely,
Negotiation Team
FOIA Support Unit
Information Management Division
Federal Bureau of Investigation
540-868-4894
Status check? Please contact Public Information Officer at foipaquestions@fbi.gov.
From: Federal Bureau of Investigation
Good morning Ms. Best,
This is a follow up to previous email sent last month with regards to narrowing the scope of this request on Michele Sindona. The 12,497 pages estimated appears to be approximately 10,651 pages potentially responsive on the subject. Please see the email dated 9/26 for further details.
One Headquarters file is being processed for another requester. I do appreciate your time and consideration to see if we can reduce the size so records can get out to you more timely.
Respectfully,
Negotiation Team
FOIA Support Unit
Information Management Division
Federal Bureau of Investigation
540-868-4894
Status check? Please contact Public Information Officer at foipaquestions@fbi.gov.
From: Emma North-Best
I would still like the complete file. Thanks!
From: Federal Bureau of Investigation
An interim response, stating the request is being processed.
From: Federal Bureau of Investigation
An interim response, stating the request is being processed.
From: Emma North-Best
When may I expect the interim releases to begin?
From: Muckrock Staff
Hello,
Can we please have a status update for this request? Thank you!
MuckRock
From: Federal Bureau of Investigation
Good afternoon,
Thank you for your email regarding the status of your request. A review of our records indicates that your request is awaiting assignment to a FOIA analyst for processing. Requests are processed in the order in which they are received through our multi-track processing system, and the FBI receives a voluminous amount of requests on a daily, weekly, monthly, and annual basis. Requests are divided into two primary tracks--simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium (51-950 pages), large (951-8000 pages), and extra-large (over 8000 pages) sub-tracks based upon request size.
Simple track requests typically require the least amount of time to process. The more potentially responsive pages a request has, the more complex it becomes, greatly increasing the time required for processing. Generally, the larger the file, the longer it takes to process. A review of your request determined that it is currently in the complex request extra-large processing track, with approximately 10,654 potentially responsive pages.
Given the current COVID-19 pandemic and federal guidelines to mitigate the spread of the virus, the FBI's Records /Information Dissemination Section (RIDS) has been operating with limited staff on a staggered schedule to protect the safety of its employees, families, and communities.
As a result, estimated dates of completion for Freedom of Information Act requests were impacted and you can expect lengthened response timelines. We now estimate that small track requests (50 pages or fewer) will require approximately 4 months to complete; medium track requests (51 - 950 pages) will require approximately 27 months to complete; large track requests (951-8,000 pages) will require approximately 57 months to complete, and extra-large requests (over 8,000 pages) will require approximately 70 months to complete. Please note that these are estimates and these timelines may change as the national emergency evolves. The FBI remains committed to fulfilling your FOIPA request in the timeliest manner possible. Thank you for your patience and understanding.
Reducing the scope of your request may accelerate the processing and allow for a more timely receipt of the information you seek, as it could potentially place your request into a smaller, faster processing track. This may also reduce duplication costs, if applicable. Would you be willing to consider reducing the scope of your request?
Best regards,
FBI FOIA Negotiation Team
Information Management Division
fbi.foipa.negotiation@fbi.gov<mailto:fbi.foipa.negotiation@fbi.gov>
540-868-1695
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~WRD0000
From: Emma North-Best
Once again, no.
From: Federal Bureau of Investigation
Good morning Ms. Best,
This is in reference to your FOIPA request # 1363595-000for FBI records concerning Michele Sindona. We are reaching out to you to determine if you are still interested in these records, or, if at this time, you would consider reducing the size of your request.
Requests are processed in the order in which they are received through our multi-track processing system, and the FBI receives a voluminous amount of requests on a daily, weekly, monthly, and annual basis. Requests are divided into two primary tracks -simple (under 50 pages of potentially responsive documents) and complex (over 50 pages of potentially responsive documents). Complex requests are further divided into medium (51-500 pages), large (501-4,999 pages), and extra-large (5,000 and over pages) sub-tracks are based upon request size.
Your request is currently in the extra-large track and reducing the scope of your request may accelerate the processing, allow for a timelier receipt of the information you seek, and reduce the duplication costs, if applicable.
Please contact us with regards to this inquiry to let us know if you are still interested in receiving records for this request either in full (the remaining records), or reducing the request to a faster processing track.
If you reduce the size, you may request remaining, additional records by submitting a new FOIPA request upon completion of this one.
Respectfully,
Negotiation Team
Federal Bureau of Investigation
Fbi.foipa.negotiation@fbi.gov<mailto:Fbi.foipa.negotiation@fbi.gov>
Status Checks: https://vault.fbi.gov/fdps-1/@@search-fdps<https://usg02.safelinks.protection.office365.us/?url=https%3A%2F%2Fvault.fbi.gov%2Ffdps-1%2F%40%40search-fdps&data=05%7C01%7CAFBlend%40fbi.gov%7Cef5fe3baab334cf5ff7008db37714b69%7C022914a9b95f4b7bbace551ce1a04071%7C0%7C0%7C638164731949044663%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=B6S2vFgDgOWQqiCCwRvUsZQgDAHF1diXKG5fYH3T12M%3D&reserved=0> | foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>
For additional information, please visit the www.fbi.gov/foia<https://usg02.safelinks.protection.office365.us/?url=http%3A%2F%2Fwww.fbi.gov%2Ffoia&data=05%7C01%7CAFBlend%40fbi.gov%7Cef5fe3baab334cf5ff7008db37714b69%7C022914a9b95f4b7bbace551ce1a04071%7C0%7C0%7C638164731949044663%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=uaXvm%2Fg3l2HzET7puRKzFvk4XQEvSW%2FUHofbeKfFAng%3D&reserved=0> website.
[cid:image001.jpg@01DA025C.B5B648C0][Logo, company name Description automatically generated]
From: Federal Bureau of Investigation
Good morning Ms. North-Best,
We are following up on the below email. Please advise if you are still interested in this request and if you are interested in narrowing the scope.
Respectfully,
Negotiation Team
Federal Bureau of Investigation
Fbi.foipa.negotiation@fbi.gov<mailto:Fbi.foipa.negotiation@fbi.gov>
Status Checks: https://vault.fbi.gov/fdps-1/@@search-fdps | foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>
For additional information, please visit the www.fbi.gov/foia<http://www.fbi.gov/foia> website.
[cid:image001.jpg@01DA0668.57E45C40][Logo, company name Description automatically generated]
From: Federal Bureau of Investigation
Good morning Ms. North-Best,
We are following up on the below email. Please advise if you are still interested in this request and if you are interested in narrowing the scope.
Respectfully,
Negotiation Team
Federal Bureau of Investigation
Fbi.foipa.negotiation@fbi.gov<mailto:Fbi.foipa.negotiation@fbi.gov>
Status Checks: https://vault.fbi.gov/fdps-1/@@search-fdps | foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>
For additional information, please visit the www.fbi.gov/foia<http://www.fbi.gov/foia> website.
[cid:image001.jpg@01DA0B05.DC0BBDF0][Logo, company name Description automatically generated]
From: Emma North-Best
I am still interested in the records, which I already agreed to fees to. I am not interested in reducing the scope, as I said in 2020, and in 2018, and when I agreed to pay for the files in 2017.
Please begin releasing the records and stop asking me to reduce the scope. It has already been six years and ten months since I filed the request. What is your average time for the extra-large track, again, and am I above or below the average processing time after nearly seven years??
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