Parole Commission records, re: Christopher Furnari

To Whom It May Concern:

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

All records concerning Christopher Furnari, alias "Christy Tick", a former federal inmate. US Bureau of Prisons lists Furnari as having been assigned Register Number: 19815-054. His death was reported in the Staten Island Advance in 2018; an obituary is attached.

Please conduct a search of all US Parole Commission systems of records for both main-file records and cross-reference records for all relevant names, agencies and companies.

US Parole Commission systems of records of interest include (but are not limited to) PRC-001 - Docket, Scheduling and Control; PRC-003 Inmate and Supervision Files; PRC-004 Labor and Pension Case, Legal File and General Correspondence System; PRC-006 Statistical, Educational and Developmental System; and PRC-007 Workload Record, Decision Result, and Annual Report System.

If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that US Parole Commission has no other copies of said records.

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,

T. McElwee

To: Director, US Department of Justice, Office of Information Policy
From: T. McElwee
Re: Appeal, Request to U.S. Parole Commission # USPC-FYFY2019-00107

My appreciation for a partial grant of records in the above captioned matter, a request seeking the Parole Commission's records regarding Christopher Furnari from all of its systems of records.

Nevertheless, I must hereby APPEAL for further records falling within the scope of the original request to the US Parole Commission. This is on the grounds that that the Freedom of Information Act presumes disclosure unless records are specifically exempted. The agency's response fails to cite any exemption at all, for withholding any records; it also does not state the number or volume of records.

By default, the Office of Information Policy of the Department of Justice should reverse the Parole Commission's de facto decision and re-instruct the agency regarding a proper search for records within the scope of request and state their rationale for exempting any record.

Upon information and belief, the US Parole Commission may claim exemptions pursuant to its rulemaking in 28 C.F.R. § 16.85., under 5 U.S.C. 552a(j)(2), which concern the privacy (of prisoners), attorney-client privileged records, and law enforcement techniques.

Simply put, these exemptions do NOT apply. Christopher Furnari is dead and all privacy interests and law enforcement matters with regard to Furnari ended with his shuffling off of this mortal coil. As proof of death, see obituary published by the Staten Island Advance.

There is also abundant evidence as to the public interest in disclosure of these records. Mr. Furnari was an upper echelon member of the Lucchese organized crime family for several decades and was a defendant in the well-publicized "Mafia Commission" case, United States v Salerno, 8 5 CR 13 9 (SDNY 1985). He was found guilty and sentenced to a 100 year term. Furnari is the sole defendant from the "upper echelon" defendants from this trial who was granted parole. This is in spite of evidence (which the Parole Commission published) that Furnari helped further the existence of the Lucchese Crime Family after his conviction, by appointing a new generation of leaders.

The public has an interest in knowing how the U.S. Parole Commission assessed Furnari's offense conduct, his remorse (or lack thereof), his conduct in prison and whether the severity of illness Furnari suffered truly merited his release in 2014. Most importantly, the public has a right to know if the safety of persons who live in the geographic region terrorized by the Lucchese organized crime family was ever addressed.

My prayer for relief is that the records of the U.S. Parole Commission for Mr. Furnari be adequately searched and that all responsive records be returned forthwith.

-T. McElwee