Mr. Nice (CIA)

Emma Best filed this request with the Central Intelligence Agency of the United States of America.

It is a clone of this request.

Tracking # F-2016-01445
Status
Rejected

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 Dennis Howard Marks AKA Mr. Nice (August 13, 1945 – April 10, 2016) who was a Welsh drug smuggler turned author.

At his peak he was supposedly smuggling consignments of the drug as large as 30 tons, and was connected with groups as diverse as the CIA, the IRA, MI6, and the Mafia. He was eventually convicted by the American Drug Enforcement Administration and handed a 25-year sentence to be served at Terre Haute; he was released in April 1995 after serving seven years. Though he had up to 43 different aliases, he became known as "Mr Nice" after he bought a passport from convicted murderer Donald Nice.

Proof of death is not required, as his death has been widely reported by reputable outlets such as the New York Times. http://www.nytimes.com/2016/04/12/books/howard-marks-drug-smuggler-turned-author-dies.html

FOIA case law establishes the extent to which agencies MUST search all records system reasonably believed to contain responsive documents, even if it means contacting former employees. Truitt v. Department of State, 897 F.2d 540, 542 (D.C. Cir. 1990) makes it explicitly clear that it is the obligation of the Department to “conduct a search reasonably calculated to uncover all relevant documents.” In addition, the Justice Department’s May 2004 FOIA Guide states that an agency “cannot limit its search to only one record system if there are others that are likely to turn up the information requested.”

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: Central Intelligence Agency

The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.

From: Michael Best

I am appealing the Glomar response, as the relationship is already publicly knowledge and widely reported.

From: Central Intelligence Agency

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

From: Central Intelligence Agency

The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.

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