Third-party FOIA request regarding a deceased U.S. citizen

T. McElwee filed this request with the Drug Enforcement Administration of the United States of America.
Tracking #

20-00102-F

Status
Completed

Communications

From: T. McElwee


To Whom It May Concern:

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

The entries within the Narcotics and Dangerous Drugs Information System (NADDIS) responsive to a search for the name "Frank Cali" with the date of birth March 26, 1965. Cali was widely reported as deceased in March 2019 (please see attached news article for proof). Privacy concerns under FOIA exemptions 6 and 7 as well as the Privacy Act are moot.

Please consider responsive, for purposes of this FOIA request, entries for that are unmerged with the main record for Frank Cali where a reasonable assumption is that the entry is unique to Frank Cali (e.g., an unmerged entry responsive to a search for one of the listed passport numbers).

To assist in a search, the following biographical information is known about Cali:

Full name: Frank Paul Cali
Aliases: Francesco; Franky Boy
State of Residence: New York
Counties of Residence: Kings County (Brooklyn); Richmond County (Staten Island)
Date of Birth: 3/26/1965
Date of Death: 3/13/2019
First 5 digits of Social Security Number: 076-66
Bureau of Prisons Register Number: 75768-053
Known passport numbers: 111209742; 111528293; 113536610; 564162787

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

  • Frank20Cali2C20the20Slain20Gambino20Boss2C20Was20a20E28098GhostE2809920Who20Av.pdf

From: Drug Enforcement Administration

DEA.FOIA would like to recall the message, "DEA FOIA 20-00102-F Status Update ".

From: Drug Enforcement Administration

Good Morning,

This email responds to your Freedom of Information Act/Privacy Act request dated October 27, 2019, addressed to the Drug Enforcement Administration (DEA), Freedom of Information/Privacy Act Unit (FSRF), seeking access to DEA records.

We are in receipt of your recent inquiry regarding the status of your pending Freedom of Information/Privacy Act request.

Due to the large number of requests received by DEA for disclosure of records pursuant to the Acts, and due to the limited resources available to process such requests, DEA has adopted a "first-in, first-out" practice of processing all incoming requests. This policy complies with the decision in Open America v. Watergate Special Prosecution Force, 547 F.2d 605, (D.C. Cir. 1976), citing 5 U.S.C. 552 (a)(6)(C) and is applied consistently by DEA.

Please be assured that your request is being handled as equitably as possible. Upon completion of the processing of your request, our office will notify you at the earliest possible date.

If you have any questions regarding this email, you may contact the Customer Service Hotline at 202-307-7596.

Thank you,

Chelsea Scott | IBSS Paralegal II (CTR)
________________________________________
Freedom of Information/Privacy Act Unit (FSRF)
Drug Enforcement Administration (DEA)

From: Drug Enforcement Administration

Good Morning,

This email responds to your Freedom of Information Act/Privacy Act request dated October 27, 2019, addressed to the Drug Enforcement Administration (DEA), Freedom of Information/Privacy Act Unit (FSRF), seeking access to DEA records.

We are in receipt of your recent inquiry regarding the status of your pending Freedom of Information/Privacy Act request.

Due to the large number of requests received by DEA for disclosure of records pursuant to the Acts, and due to the limited resources available to process such requests, DEA has adopted a "first-in, first-out" practice of processing all incoming requests. This policy complies with the decision in Open America v. Watergate Special Prosecution Force, 547 F.2d 605, (D.C. Cir. 1976), citing 5 U.S.C. 552 (a)(6)(C) and is applied consistently by DEA.

Please be assured that your request is being handled as equitably as possible. Upon completion of the processing of your request, our office will notify you at the earliest possible date.

If you have any questions regarding this email, you may contact the Customer Service Hotline at 202-307-7596.

Thank you,
Chelsea Scott | IBSS Paralegal II (CTR)
________________________________________
Freedom of Information/Privacy Act Unit (FSRF)
Drug Enforcement Administration (DEA)

From: Drug Enforcement Administration

Hello Mr. McElwee

Attached is the acknowledgement letter regarding your FOIA case number 20-00102-F.

If you have any questions or concerns please contact our customer service hotline at 202-307-7596.

Best,

Ashley Williams, J.D.
IBSS Corp. Paralegal III Contractor, DEA FOI/PA Unit (FSRF)
Drug Enforcement Administration

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PRIVACY ACT INFORMATION: This e-mail may contain information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. ยง 552a). If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If this communication has been received in error, please immediately delete all copies and notify me by e-mail.

From: Drug Enforcement Administration

Good morning,

Your FOIA request 20-00102-F is currently in final review with our Section Chief. All request are processed in chronological order. We appreciate your patience in this matter.

Aneris Kent
Paralegal II, IBSS Corp. Contractor
Drug Enforcement Administration
Freedom of Information, PA Unit
Desk: 202-307-6542
Email: Aneris.kent@usdoj.gov<mailto:Aneris.kent@usdoj.gov>

From: Drug Enforcement Administration

Good morning,

This email is to notify you that you will be receiving a Secure Message.

In an effort to better protect information that the Department of Justice (DOJ) maintains about individuals, we have implemented a tool to prevent accidental disclosures of sensitive personally identifiable information (PII). Documents that are responsive to a FOIA or Privacy Act request may contain sensitive PII. To safeguard this information, any email containing sensitive PII will be encrypted. Accordingly, you may receive an alert that that an encrypted message has been delivered to you. Should you receive such an alert, please use the attached instruction to decrypt and save the message. If you have any issues with this process, please reply to DEA.FOIA@usdoj.gov<mailto:DEA.FOIA@usdoj.gov> with the error message received.

Aneris Kent
Paralegal II, IBSS Corp. Contractor
Drug Enforcement Administration
Freedom of Information, PA Unit
Desk: 202-307-6542
Email: Aneris.kent@usdoj.gov<mailto:Aneris.kent@usdoj.gov>

From: Drug Enforcement Administration

This is a secure message. Click here https://secureemail.usdoj.gov/formpostdir/securereader?id=ivSdI1SrIf25z2gnD9BtAk2jcUfW4MRy&brand=1294dc92 by 2020-06-28 16:43 UTC to read your message. After that, open the attachment.

From: T. McElwee

Thank you for the response on behalf of the DEA.

I must appeal the agency's response regarding the overuse of redaction of the response (specifically the section starting on page 2 under "Case Numbers" where the entire section is obliterated and invokes b6, b7C, b7E and b7F exemptions).

In general, I believe a more sparing approach could be taken by the Administration, where portions of this text block can be revealed while respecting exemption.

FIrst, generally speaking to b6 exemption, there are few (if any) privacy interests that need to be respected with regard to a deceased person. There is an overwhelming public interest in knowing more details regarding Frank Cali, however, given that he has been a public figure (a named member of the Gambino organized crime family of La Cosa Nostra) and his death in a violent homicide that has yet to be adjudicated.

Second, generally speaking to the b7 exemptions, I believe it to be unlikely that there is any ongoing investigation of Frank Cali which needs to be protected. He pled guilty to a crime in 2008 (after intelligence was gathered) and there are no published reports of an arrest or investigation of him since. The statutes of limitation of most federal crimes dating to this time have expired unless the element of murder is alleged. There being no suggestion of murder in the document, only of participation in drugs trafficking and money laundering, I believe this exemption is without basis.

-TM

From: Drug Enforcement Administration

Good morning,

The final determination and records were emailed in June. Your response email discussed you appealed the use of certain exemptions. We have not received an appeal from the Office of Information Policy (OIP) who makes final determinations on appeals. In order to submit an email, please follow the instructions in your determination letter and OIP will handle accordingly. Let me know if you have any other questions.

Thank you,

Aneris Kent
Paralegal III, IBSS Corp. Contractor
Drug Enforcement Administration
Freedom of Information, PA Unit
Desk: 202-307-6542
Email: Aneris.kent@usdoj.gov<mailto:Aneris.kent@usdoj.gov>

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