Public Corruption in Dearborn, MI (FBI)

Jason Smathers filed this request with the Drug Enforcement Administration of the United States of America.
Tracking # 13-00013-FR
Status
Rejected

Communications

From: Jason Smathers

To Whom It May Concern:

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

All FBI records collected in pursuit of the objective of Public Corruption Investigations where the records concern a public body in Dearborn, Michigan.

The public bodies searched for should include (but not be limited to):
• City of Dearborn
• Dearborn Police Department
• the 19th District Court
• Wayne County Sheriff
• Wayne County

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

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,

Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
MuckRock
185 Beacon St. #3
Somerville, MA 02143

From: Federal Bureau of Investigation

Dear Mr. Smathers,

The FBI has received your Freedom of Information Act/Privacy (FOI/PA) request and it will be forwarded to the Work Process Unit or a Disclosure Unit for review. Your request will be processed under the provisions of FOI/PA 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 FOI/PA request number. You will receive written notification of the FBI’s decision.

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

Thank you,

David P. Sobonya
Public Information Officer/Legal Admin. Specialist
Service Request Unit (SRU)
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Office: (540) 868-4286
Fax: (540) 868-4995 or 4997

From: Federal Bureau of Investigations

From: Federal Bureau of Investigation

From: Jason Smathers

Office of Information Policy (OIP)
United States Department of Justice
1425 New York Ave., NW
Suite 11050
Washington, D.C., 20530-0001
cc: foiparequest@ic.fbi.gov

This is in response to a letter from David M Hardy dated April 26, 2011 in regards to FOIA request 1160976-000. Mr. Hardy estimates $125 in fees for duplication of these records on CD, or a higher amount for paper. I appeal.

The FOIA as amended in 2007 now reads:
(viii) An agency shall not assess search fees (or in the case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails to comply with any time limit under paragraph (6),

I am a requester described under clause (ii)(II) and the agency failed to comply with a time limit under paragraph (6). Therefore, duplication fees are no longer applicable.

On 1/26/2011 David P. Sobonya acknowledged this request via email. An additional acknowledgement was received on 2/9/2011 via US mail. The FOIA requires circumstances that cause delay to be declared within the first 20 days of a request and allows an extension of the 20 day limit in some cases. However, the agency failed to claim any such qualifying circumstance not did they take an extension to the 20 day time limit. With no qualifying circumstance, the FBI must waive fees for failing to meet a statutory deadline.

In the case that this appeal is denied and judicial review is either not sought or upholds the agency action, I hereby agree to fees for this request. Please process this request immediately while the appeal is pending.

Signed,
/Jason Smathers/
Jason Smathers

From: "Sobonya, David P." <David.Sobonya@ic.fbi.gov>

Dear Mr. Smathers,

The FBI has received your additional correspondence regarding your Freedom =
of Information Act/Privacy (FOI/PA) request and it has been forwarded to th=
e Work Process Unit or the assigned Disclosure analyst for review. A resp=
onse will be forthcoming. =

Additional information regarding the Freedom of Information Act/Privacy may=
be accessed at http://www.fbi.gov/ or http://www.fbi.gov/foia/. =

If you require additional assistance please contact me.

Thank you,

Please note-The web links shown above cannot be accessed from this page

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

From: Office of Information Policy

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: "Sobonya, David P." <David.Sobonya@ic.fbi.gov>

Dear Mr. Smathers,

FOIA Request Number #1160976-000 was closed because the requester did not agree to pay the associated costs per our cost letter dated 4-26-2011. The matter is now under appeal with the Office of Information Policy, U. S. Department of Justice.

If you require additional assistance please contact me.

Thank you,

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

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Jason Smathers

Please provide me with the status of my appeal including its position in the queue. Thanks

From: "Sobonya, David P." <David.Sobonya@ic.fbi.gov>

Dear Mr. Smathers,

Appeals are handled by the Office of Information Policy (OIP), U. S. Department of Justice. OIP's Customer Service number is #202-514-3642. OIP's letter dated 11-23-11 addressed to you indicates the appeal was "Affirmed" and your request was closed. If you did not receive a copy of OIP's letter please contact their office.

If you require further assistance please contact me.

Thank you,

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

From: Jason Smathers

I do not want this case closed, although I disagree with the fees, I never refused to pay them.

Can you please put all the records on a single CD? In that case I will waive any right to interim responses and wait for all the records to be reviewed and accept them on a single CD at that time.

Thanks!

-Jason

From: Jonathan Russo

Mr. Smathers,

I am currently working on your re-opened case for Public Corruption Investigations in Dearborn, Michigan. Your previous email indicated that you are willing to pay all fees associated with this case however I must inform you that we cannot release all pages on a single CD and instead must release in 500 page installments. Please let me know if you would like to reduce the scope of this request or would like to have it all processed as is. You can respond through email or call me at your earliest convenience.

Thank you,

Jonathan Russo
540 868 4867
Jonathan.Russo@ic.fbi.gov

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 May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: "Sobonya, David P." <David.Sobonya@ic.fbi.gov>

Dear Mr. Smathers,

The above FOIA request was reopened on 2-25-12 and is presently waiting to be assigned to a Disclosure analyst for processing. Please refer to FOIA Request Number #1160976-001 in future correspondence.

Please contact me if you require further assistance.

From: Federal Bureau of Investigation

From: Federal Bureau of Investigation

From: Federal Bureau of Investigation

From: Federal Bureau of Investigation

From: Drug Enforcement Administration

An acknowledgement letter, 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 May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #1160976-001.

Thank you for your help.

From: Sobonya, David P.

Dear Mr. Smathers,

All responsive records have been mailed and the request was closed on 12-3-12.

Please contact me if you require further assistance.

From: Jason Smathers

Freedom of Information Operations Unit (SARO)
Drug Enforcement Administration
700 Army Navy Drive
Arlington, VA 22202

This is a follow up to case number 13-00013-FR:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, which was originally submitted to the FBI on May 10, 2011 and subsequently referred to the DEA. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On Jan. 19, 2013:

An acknowledgement letter, stating the request is being processed.

---

On Nov. 23, 2012:

---

On Aug. 3, 2012:

---

On Aug. 3, 2012:

---

On July 13, 2012:

---

On May 15, 2012:

Dear Mr. Smathers,

The above FOIA request was reopened on 2-25-12 and is presently waiting to be assigned to a Disclosure analyst for processing. Please refer to FOIA Request Number #1160976-001 in future correspondence.

Please contact me if you require further assistance.

---

On May 8, 2012:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On May 4, 2012:

Mr. Smathers,

I am currently working on your re-opened case for Public Corruption Investigations in Dearborn, Michigan. Your previous email indicated that you are willing to pay all fees associated with this case however I must inform you that we cannot release all pages on a single CD and instead must release in 500 page installments. Please let me know if you would like to reduce the scope of this request or would like to have it all processed as is. You can respond through email or call me at your earliest convenience.

Thank you,

Jonathan Russo
540 868 4867
Jonathan.Russo@ic.fbi.gov

---

On Feb. 13, 2012:

I do not want this case closed, although I disagree with the fees, I never refused to pay them.

Can you please put all the records on a single CD? In that case I will waive any right to interim responses and wait for all the records to be reviewed and accept them on a single CD at that time.

Thanks!

-Jason

---

On Feb. 9, 2012:

Dear Mr. Smathers,

Appeals are handled by the Office of Information Policy (OIP), U. S. Department of Justice. OIP's Customer Service number is #202-514-3642. OIP's letter dated 11-23-11 addressed to you indicates the appeal was "Affirmed" and your request was closed. If you did not receive a copy of OIP's letter please contact their office.

If you require further assistance please contact me.

Thank you,

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

---

On Feb. 9, 2012:

Please provide me with the status of my appeal including its position in the queue. Thanks

---

On Aug. 7, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On July 6, 2011:

Dear Mr. Smathers,

FOIA Request Number #1160976-000 was closed because the requester did not agree to pay the associated costs per our cost letter dated 4-26-2011. The matter is now under appeal with the Office of Information Policy, U. S. Department of Justice.

If you require additional assistance please contact me.

Thank you,

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

---

On July 3, 2011:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

---

On June 15, 2011:

---

On May 11, 2011:

Dear Mr. Smathers,

The FBI has received your additional correspondence regarding your Freedom =
of Information Act/Privacy (FOI/PA) request and it has been forwarded to th=
e Work Process Unit or the assigned Disclosure analyst for review. A resp=
onse will be forthcoming. =

Additional information regarding the Freedom of Information Act/Privacy may=
be accessed at http://www.fbi.gov/ or http://www.fbi.gov/foia/. =

If you require additional assistance please contact me.

Thank you,

Please note-The web links shown above cannot be accessed from this page

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

---

On May 10, 2011:

Office of Information Policy (OIP)
United States Department of Justice
1425 New York Ave., NW
Suite 11050
Washington, D.C., 20530-0001
cc: foiparequest@ic.fbi.gov

This is in response to a letter from David M Hardy dated April 26, 2011 in regards to FOIA request 1160976-000. Mr. Hardy estimates $125 in fees for duplication of these records on CD, or a higher amount for paper. I appeal.

The FOIA as amended in 2007 now reads:
(viii) An agency shall not assess search fees (or in the case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails to comply with any time limit under paragraph (6),

I am a requester described under clause (ii)(II) and the agency failed to comply with a time limit under paragraph (6). Therefore, duplication fees are no longer applicable.

On 1/26/2011 David P. Sobonya acknowledged this request via email. An additional acknowledgement was received on 2/9/2011 via US mail. The FOIA requires circumstances that cause delay to be declared within the first 20 days of a request and allows an extension of the 20 day limit in some cases. However, the agency failed to claim any such qualifying circumstance not did they take an extension to the 20 day time limit. With no qualifying circumstance, the FBI must waive fees for failing to meet a statutory deadline.

In the case that this appeal is denied and judicial review is either not sought or upholds the agency action, I hereby agree to fees for this request. Please process this request immediately while the appeal is pending.

Signed,
/Jason Smathers/
Jason Smathers

---

On April 27, 2011:

---

On Feb. 8, 2011:

---

On Jan. 26, 2011:

Dear Mr. Smathers,

The FBI has received your Freedom of Information Act/Privacy (FOI/PA) request and it will be forwarded to the Work Process Unit or a Disclosure Unit for review. Your request will be processed under the provisions of FOI/PA 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 FOI/PA request number. You will receive written notification of the FBI’s decision.

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

Thank you,

David P. Sobonya
Public Information Officer/Legal Admin. Specialist
Service Request Unit (SRU)
Record/Information Dissemination Section (RIDS)
FBI-Records Management Division
170 Marcel Drive, Winchester, VA 22602-4843
Office: (540) 868-4286
Fax: (540) 868-4995 or 4997

---

On Jan. 26, 2011:

To Whom It May Concern:

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

All FBI records collected in pursuit of the objective of Public Corruption Investigations where the records concern a public body in Dearborn, Michigan.

The public bodies searched for should include (but not be limited to):
• City of Dearborn
• Dearborn Police Department
• the 19th District Court
• Wayne County Sheriff
• Wayne County

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

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,

Jason Smathers
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Daytime: (617) 299-1832
For mailed responses, please address:
MuckRock
185 Beacon St. #3
Somerville, MA 02143

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 398
PO Box 55819
Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.

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 May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-00013-FR.

Thank you for your help.

From: Sobonya, David P.

Dear Mr. Smathers,

I believe this is a DEA FOIA Request?

From: MuckRock

Hello,

Responsive documents for 13-00013-FR have not yet been provided. Please provide an update?

Thank you.

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 May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-00013-FR.

Thank you for your help.

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 May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-00013-FR.

Thank you for your help.

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 May 10, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-00013-FR.

Thank you for your help.

From: Drug Enforcement Administration

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

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