RBN (Securities and Exchange Commission)

Emma Best filed this request with the Securities and Exchange Commission of the United States of America.
Tracking #

16-00342-APPS, 17-00001-APPS, 16-00032-FIFO

16-00342-APPS, 17-00001-APPS

Due Feb. 9, 2016
Est. Completion Oct. 30, 2018
Status
Awaiting Response

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:

Any files mentioning Robert Booth Nichols.

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 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,

Michael Best

From: Neilson, Curtis


None

From: Churchman, Tina


None

  • 16-01615-FOIA Final Resposne Letter - Robert Booth Nichols

From: Michael Best

I have additional information which may prove useful for conducting a search.

Robert Nichols was connected to the Bayou Hedge Fund Group issues through his involvement with Samuel Israel III, born July 20, 1959.

Please also include files relating to Samuel Israel and Bayou Hedge Fund Group.

Thank you very much for your help!

From: Neilson, Curtis


None

From: Neilson, Curtis


None

From: Neilson, Curtis


None

From: Churchman, Tina


None

From: Michael Best

Thank you for your response! Please do place 16-01615-FOIA on the First In First Out (FIFO) track. Once the number and type of responsive documents have been identified, I will be happy to address the issue of fees.

Thank you!

Michael Best

From: Churchman, Tina


None

From: Michael Best

Thank you for getting back to me. I think that the FIFO Track will suffice.

Please contact me with an estimate of the total number of responsive pages before proceeding with duplication so that I can ensure I will be able to pay the full amount. Thank you so much for your help!

From: Churchman, Tina

Good afternoon,

Thank you for your message. The above noted FOIA request was completed and closed on January 12, 2016. (see attachment). Please note, a new request was opened for this entity (16-01913-FOIA) and you agreed via email to be placed in our FIFO queue for this request. (see attachment).

Thank you,

Tina L. Churchman
U.S. Securities & Exchange Commission
the Office of Support Operations (OSO)
Station Place II, 100 F. Street, N.E.
Washington, DC 20549
(202) 551-8330

From: Michael Best

I am appealing the integrity of the search, due to the fact that 52 boxes were previously located.

From: Neilson, Curtis


None

From: Securities and Exchange Commission

A letter stating that the request appeal has been rejected.

From: Michael Best

I am appealing the integrity of the search, due to the fact that 52 boxes were previously located. This is not a duplicate appeal as you have pointed out that I did not provide enough information.

The determination that no records exist was made after 52 boxes were located but before they were actually reviewed and individually searched. On that basis, I appealed the integrity of the search. I am now reappealing and giving you the full information, which you may have lacked as you didn't reference their actual denial.

Thank you.

From: Madison, Wilton


None

From: Securities and Exchange Commission

Mr. Best,

This message refers to the subject Freedom of Information Act request, a copy of which is posted below.

Your request has risen to the top of the First-In-First-Out (FIFO) processing queue. At this time, I wanted to validate your continued interest in these records, if they exist, as well as determine if the scope of your request is correctly identified in your January 13, 2016 request. Based on my understanding, the investigation, based on a revised estimate, consists of 69 boxes of material, approximately 172,500 pages. For clarity, we will need to review these records page-by-page and line-by-line, an effort that can prove to be exceptionally time consuming. Should you have a specific area of focus that might allow for a more expeditious response, please let me know.

I will place this request on hold pending your response. If you do not reply by the close of business, April 19, 2018, I will conclude that you are no longer interested in pursuing this matter and will administratively withdraw the request from our processing queue.

Thank you in advance for your consideration and kindness!

Dave Henshall
FOIA Branch Manager
Office of FOIA Services
Securities and Exchange Commission
100 F Street, NE, Suite 2741
Washington, DC 20549
http://www.sec.gov/foia.shtml
(202) 551-8316

[cid:image001.png@01D3D0E1.942A1040]

From: Emma Best

I am still interested. If you have any suggestions on usefully limiting the scope, I'm happy to hear them. As it is, I'm not sure that's possible while still meeting my needs.

From: Securities and Exchange Commission

Sir,

Thank you for your reply.

Based on what I've seen, the vast majority of records in an investigative file are those documents submitted by the company where they sought request(s) for confidential treatment. If these records are part of the scope, then the full volume assessment would apply. Further, we would need to consult with the submitter(s) on each and every page they produced to obtain their position as to its releasability. The latter effort is usually quite time consuming.

If you are trying to reduce the scope significantly, this will be a good candidate to decrease the overall volume.

I hope this helps!

Dave Henshall
FOIA Branch Manager
Office of FOIA Services
Securities and Exchange Commission
100 F Street, NE, Suite 2741
Washington, DC 20549
http://www.sec.gov/foia.shtml
(202) 551-8316

From: Securities and Exchange Commission

Any thoughts sir?

From: Securities and Exchange Commission

Mr. Best,

If at all possible, I'd like to pin down the actual scope of your request. It's either the full 69 boxes of material, the reduce selection based on what I presented in my message of April 12th, or some other variation of your choosing.

Please let me know at your soonest convenience.

Thank you.

Dave Henshall
FOIA Branch Manager
Office of FOIA Services
Securities and Exchange Commission
100 F Street, NE, Suite 2741
Washington, DC 20549
http://www.sec.gov/foia.shtml
(202) 551-8316

From: Securities and Exchange Commission

Sir,

I'm afraid that we appear to not be connecting on the scope of this request. Absent feedback from you, we intend to close this case as withdrawn on May 1, 2018. Should you care to discuss the scope further, I will be more than happy to assist in any way possible.

Thank you.

Dave Henshall
FOIA Branch Manager
Office of FOIA Services
Securities and Exchange Commission
100 F Street, NE, Suite 2741
Washington, DC 20549
http://www.sec.gov/foia.shtml
(202) 551-8316

From: Securities and Exchange Commission

Mr. Best,

I'd very much like to work with you on your request. There are certainly other options available such as reviewing a sampling of the content of these 69 boxes, perhaps three box numbers of your choice. Investigatory records generally consist of transcripts of testimony, exhibits, and miscellaneous evidentiary materials. If there is a specific area of focus, feel free to let me know and I'll look to see what we can do.

In the alternative, if we do not hear from you, we will begin processing your request on May 1st for the full 69 boxes, and provide rolling releases as they are available.

Thank you for your help!

Dave Henshall
FOIA Branch Manager
Office of FOIA Services
Securities and Exchange Commission
100 F Street, NE, Suite 2741
Washington, DC 20549
http://www.sec.gov/foia.shtml
(202) 551-8316

From: Securities and Exchange Commission

Any thoughts sir on this request? Shall we proceed as stated below?

From: Emma Best

Please process the full set of 69 boxes for release.

Thanks!

From: Securities and Exchange Commission

Mr. Best,

We will proceed accordingly sir. For your information, the control number applicable to your case is 16-00032-FIFO.

Thank you.

Dave Henshall
FOIA Branch Manager
Office of FOIA Services
Securities and Exchange Commission
100 F Street, NE, Suite 2741
Washington, DC 20549
http://www.sec.gov/foia.shtml
(202) 551-8316

From: Securities and Exchange Commission

Mr. Best,

Your FIFO request has been assigned to me for processing. I am in receipt of all of the 69 boxes concerning the subject investigation file. However, I would like to ensure that I have a clear understanding of the records you seek. Please give me a call at the telephone number below to discuss the request.

Thank you,

Felecia Taylor
FOIA Lead Research Specialist
U.S. Securities & Exchange Commission
Office of FOIA Services
100 F Street, NE
Washington, DC 20549-2465
(202) 551-8349 - telephone number
(202) 772-9337 - fax number

From: Emma Best

It's Ms. Best, and I only communicate about FOIA requests in writing - it cuts down on confusion.

From: Securities and Exchange Commission

Mr. Best,

Please clarify the scope of your request. Are you only seeking records within the 69 boxes of investigation records relating to Robert Booth Nichols, Samuel Israel and Bayou Hedge Fund Group?

Thank you,

Felecia Taylor
FOIA Lead Research Specialist
U.S. Securities & Exchange Commission
Office of FOIA Services
100 F Street, NE
Washington, DC 20549-2465
(202) 551-8349 - telephone number
(202) 772-9337 - fax number

From: Emma Best

That's correct - and again, it's Ms. Best.

From: Securities and Exchange Commission

Ms. Best,

Thank you.

Felecia Taylor
FOIA Lead Research Specialist
U.S. Securities & Exchange Commission
Office of FOIA Services
100 F Street, NE
Washington, DC 20549-2465
(202) 551-8349 - telephone number
(202) 772-9337 - fax number

From: Securities and Exchange Commission

Ms. Best,

Thank you for your inquiry below.

As you know, we identified 69 boxes of investigative records that may contain documents responsive to your request. We took a cursory review of the records and identified the following: a variety of production material that are subject to requests for confidential treatment, SEC internal memorandum and correspondence, SEC staff notes, SEC legal research, transcripts, exhibits, subpoenas, etc. Based on the attached communication, you clarified your request and stated you are seeking records within the 69 boxes of records relating to Robert Booth Nichols, Samuel Israel and Bayou Hedge Fund Group. With respect to the portion of your request for records concerning the Bayou Hedge Fund Group, please provide us with the names of companies or individuals that pertain to this group.

For your information, the material subject to confidential treatment (CT) require consultations with the submitters of the documents subject to Rule 83, 17 CFR § 200.83. This process is very time-consuming as the FOIA Office must notify each CT submitter of the FOIA request and allow them an opportunity to substantiate his/her claims for confidentiality. Please advise if you are interested in obtaining the records that are subject to requests for CT.

Finally, in an effort to allow us to process the request more effectively and quickly, please advise if we can exclude all SEC internal correspondence/memorandum, intra-agency or inter-agency correspondence/memorandum, legal research, attorney work product from the scope of the request. If you know the exact types of records you are seeking, please provide the description of those records to me. Once I receive your response to this message, we can begin reviewing and redacting the documents pursuant to the FOIA and release them to you on a rolling basis.

If you have any questions or concerns, please do not hesitate to contact me.

Thank you,

Felecia Taylor
FOIA Lead Research Specialist
U.S. Securities & Exchange Commission
Office of FOIA Services
100 F Street, NE
Washington, DC 20549-2465
(202) 551-8349 - telephone number
(202) 772-9337 - fax number

From: Emma Best

I am willing to exclude attorney work product, but nothing else. I am interested in materials which would be subject to requests for CT. For names of companies etc. that are relevant, please see the attached government records which have been previously made public and disclosed a number of names and details.

  • FBI20E2809420Victims20of20Bayou20Hedge20Funds20Receive20Another20243120Million20i.pdf

  • comp19406.pdf

  • SEC20Charges20Samuel20Israel20III2C20Daniel20E.20Marino2C20Bayou20Management2C20and.pdf

From: Securities and Exchange Commission

Ms. Best,

Based on the documentation you provided, it appears the Bayou Hedge Fund Group consists of the companies listed below. Please confirm if this is correct. Also, based on your e-mail message below, we will consider all attorney work product (writings, notes, memoranda, reports that reflect the attorney’s impressions, conclusions, opinions or legal research or theories) as non-responsive to the pending request. Is this consistent with your scope modification intent?

· Bayou Management, LLC

· Bayou Accredited Fund, LLC

· Bayou Affiliates Fund, LLC

· Bayou No Leverage Fund, LLC

· Bayou Superfund, LLC

If you have any questions, please contact me.

Thank you,

Felecia Taylor
FOIA Lead Research Specialist
U.S. Securities & Exchange Commission
Office of FOIA Services
100 F Street, NE
Washington, DC 20549-2465
(202) 551-8349 - telephone number
(202) 772-9337 - fax number

From: Emma Best

Your understanding is correct. I'm so grateful for your patience and help with this request!

From: Securities and Exchange Commission

Ms. Best,

We are in the process of scanning the potentially responsive records into our electronic database. However, we hope to start issuing partial responses by no later than September 7, 2018.

If you have any additional questions or concerns, please do not hesitate to contact me.

Thank you,

Felecia Taylor
FOIA Lead Research Specialist
U.S. Securities & Exchange Commission
Office of FOIA Services
100 F Street, NE
Washington, DC 20549-2465
(202) 551-8349 - telephone number
(202) 772-9337 - fax number

From: Securities and Exchange Commission

Ms. Best,

We are still reviewing the records responsive to your request. We should be able to provide our first partial response by no later than October 30, 2018.

Thank you,

Felecia Taylor
FOIA Lead Research Specialist
U.S. Securities & Exchange Commission
Office of FOIA Services
100 F Street, NE
Washington, DC 20549-2465
(202) 551-8349 - telephone number
(202) 772-9337 - fax number

Files

pages

Close