Nat Number Kobitz FBI Files

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

A copy of FBI files and related records on Nat Kobitz of Baltimore, MD (Born: March 1928; Deceased: April 5, 2020), also known as Nat Number Kobitz.

Evidence of Kobitz's passing can be accessed at the following links:
https://www.legacy.com/us/obituaries/baltimoresun/name/nat-kobitz-obituary?id=9227890
https://www.jewishtimes.com/kobitz-3/
https://memorials.sollevinson.com/nat-kobitz/4600662/

Per these obituaries, Kobitz was a WWII veteran, who served in the Engineer Service Company until his honorable discharge on May 12, 1947 (1582nd Engineer Service Company, Camp Stoneman, CA). As a civilian, he served the U.S. Navy, at home and abroad, as director of advanced technology development and assessment, director of research and development and program manager for advanced ships/foreign shipbuilding. Post government retirement, he did extensive consulting for clients such as Lockheed Martin, McDonnell Douglas, Piasecki Aircraft Corporation, CTC (Concurrent Technologies Corporation), and the Government Centers for Excellence. Kobitz lent his expertise to Pro Bono work for the National Academy of Sciences, the Naval Studies Board/National Research Council, NAVSEA (Naval Sea Systems Command), Ripley-Burnell Industrial Consultants, Inc., and was often called as an expert witness for automotive accident litigation. For these reasons, I am interested in various Bureau records on Kobitz that may pertain to various investigations, particularly but not limited to counter-intelligence cases.

This search should include each of the following record stores and interfaces: the Central Records System (CRS), the Automated Case Support system ("ACS") Investigative Case Management system ("ICM"), the Automated Case Support system ("ACS") Electronic Case File ("ECF"), and the Automated Case Support system ("ACS") Universal Index ("UNI").

I also request a search of "ELSUR", the database containing electronic surveillance information, for any and all records or activities related to Nat Kobitz for any on-line account or address or associated service. In addition, please extend the search criteria across any external storage media, including I-Drives, S-Drives, or related technologies used during the course of investigation. Please include processing notes, even if my request is denied in part. Please identify individuals responsible for any aspect of FOIA processing in the processing notes, along with explanation(s) of their involvement if not typically assigned FOIA responsibilities for the record systems above. Please include materials responsive to this request from the Maryland field office if possible, to reduce overlap with field office requests.

If some records may be released immediately while others require a review, I respectfully request a two-tiered release. I am making this request as a member of the news media, and request classification as such, including a fee waiver. I have previously written for Gizmodo, Slate, The New Republic, the New York Review of Books, Inverse.com, Scienceline.org, Gawker, Chemical Engineering magazine, and elsewhere. The documents I seek concerns U.S. government operations and activities. Their disclosure is likely to contribute to understanding of these operations or activities.

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,

Matthew Phelan

Dear Director, Office of Information Policy:

I am appealing the "no responsive documents" ruling of my FOIA request, Request No.: 1561434-000 // Subject: KOBITZ, NAT NUMBER.

Grounds for Appeal
- - - - - - - - - - -
5 USC 552, 552a
It appears the entity has sent a form letter as a response without filling out the form letter.

5 C.F.R 2635.101 (b)
Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain.

Employees shall put forth honest effort in the performance of their duties.

Employees shall act impartially and not give preferential treatment to any private organization or individual.

Employees shall disclose waste, fraud, abuse, and corruption to the appropriate authorities.

Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.

Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in this part. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.
- - - - - - - - - - -

Following this appeal, a renewed search should expand searches to the "reference" files and also include each of the following record stores and interfaces: the Central Records System (CRS), the Automated Case Support system ("ACS") Investigative Case Management system ("ICM"), the Automated Case Support system ("ACS") Electronic Case File ("ECF"), and the Automated Case Support system ("ACS") Universal Index ("UNI").

I also request a search of "ELSUR", the database containing electronic surveillance information, for any and all records or activities related to my person for any on-line account or address or associated service. In addition, please extend the search criteria across any external storage media, including I-Drives, S-Drives, or related technologies used during the course of investigations. Please include processing notes, even if request is denied in part. Please identify individuals responsible for any aspect of FOIA processing in the processing notes, along with explanation of their involvement if not typically assigned FOIA responsibilities for the record systems above. Please include materials responsive to this request from the Maryland field office if possible, to reduce overlap with field office requests.

Thank you in advance for your anticipated cooperation in this matter.

Sincerely,

Matthew Phelan