DOJ FOIA Requests

March 8, 2009
Req. No. CRM-2009-00353-P

Request for Investigation Initiation Forms (IIF) of OCDETF Operation White Rabbit and Operation Flashback, specifically: "1. Any and all records pertaining to the undersigned; 2. the OCDETF application and proposal for the OCDETF investigations involving the undersigned, viz. DEA SEO "WHITE RABBIT" and DEA SEP-581 "FLASHBACK"; 3. the identities of the participating agencies in the OCDETF investigations are specifically requested; 4. a referral of records originating from participating and other agencies may be required for their direct response to the requester. In this event, a notification of the referrals is requested."

Status:

DOJ on July 17, 2009 located a "Status Report" of Operation White Rabbit East (2 pp.) and other records "which originated in the office of the U.S. Attorney for the District of Kansas," and referred the other records to EOUSA (EOUSA 0902355-R).

On August 28, 2009 EOUSA released 1 page in full, 2 pages redacted in part, and 89 pages withheld in full. EOUSA stated "IRS was involved" as participating agency. [NB: The agencies joining after initiation of Operation White Rabbit remain unknown.]

On March 5, 2009 EOUSA released a "supplemental reply" of two pages redacted in part. Withholding of 89 pages appealed to DOJ/OEO (Appeal No. 09-2784).

On March 10, 2009 DOJ/OEO denied appeal. EOUSA supplemental reply also appealed. On May 25, 2010, DOJ/OIP denied appeal. No records pertaining to Operation Flashback were provided.

June 25, 2009
Req. No. CRM-200900496F

Request for DOJ/CD records on OCDETF Operation White Rabbit East (WC-KS-0068)) and identification of participating agencies.

Status:

On July 21, 2009 DOJ/CD responded and assigned tracking number.

On August 28, 2009 DOJ/CD stated "We have conducted a search of the appropriate indices to Criminal Division records and have located no records responsive to your request."

On September 1, 2009 a supplemental letter was mailed to DOJ/CD stating: "1.) Although your search of the indices located no record of Operation White Rabbit East (WC-KS-0068), this OCDETF operation and number - indicating a Kansas investigation in the West Central OCDETF region - were recorded in your previous release of several Criminal Division records in response to Request Number CRM-200900353F (see your undated letter and the items 1 and 2 attached) for records concerning Operation White Rabbit. 2.) In your letter, you stated that records were located that originated in the District of Kansas; and that the records were referred to the EOUSA for a direct determination; 3.) A response has been received from the EOUSA dated August 28, 2009 regarding the referred records from DOJ FOI/PA OEO (EOUSA Request Number 09-2355-R, attached). The EOUSA released 1 page in full, 2 pages in part, and 89 pages were withheld in full. The 92 pages from EOUSA reasonably were the same records referred by your office - and originating from the Kansas USAO - in response to the request for records on Operation White Rabbit (CRM-200900353P). 5.) However, your letter of August 28, 2009 (CRM-200900496F) states that DOJ has no records on Operation White Rabbit East (WC-KS-0068), suggesting that the DOJ records referred to EOUSA do not involve White Rabbit East (as noted in your first letter, "originating from the District of Kansas"). You may wish to search again under the number WC-KS-0068. Hence, prior to any appeal, would you please clarify whether the records referred by your office to EOUSA concerned a.) OCDETF Operation White Rabbit East (WC-KS-68); or b.) Operation White Rabbit (a related investigation in the Pacific OCDETF region, Northern District of California)."

DOJ/CD did not respond to this letter. Hence, on October 15, 2009, the matter was appeal to DOJ/OIP. On November 17, 2009 DOJ/OIP assigned Appeal No. 2010-0423.

On February 23, 2010 DOJ/OIP denied the appeal, stating "the Office of Information Policy must receive your appeal within 60 days of the date of the letter denying your request.' ] Your letter attempting to appeal was dated October 15, 2009, and was received by this Office on November 6, 2009, ten days after the regulatory deadline. Therefore (DOJ/CD) is closing your appeal file due to your failure to timely appeal."

August 14, 2009
OJP FOIA Req. No. 09-00374

Request for DOJ Bureau of Justice Assistance (BJA) records of DOJ Regional Information Sharing System (RISS)), specifically: "1. Any and all records - but narrowed to the time period of 1 January 1997 through 31 January 2004 - in which the undersigned is the subject of interest or only mentioned, and resulting from a query of all RISS databases, the regional RISS centers and other RISS systems, and including but not limited to the following: a. printouts of the query screen displays and the search results obtained, including all pointer indices for all government databases showing "hits" on records maintained by DOJ and any other federal, state and local government agencies (OGAs); b. printouts of all such RISSNET pointer indices and query/results displays, including but not limited to RISSNET indices of records originating from the U.S. Attorneys Offices (USAO), DOJ Criminal Division, National Drug Pointer Index (NDPIX), FBI Law Enforcement Online (LEO), FBI National Data Exchange (NDex), EPIC Clandestine Laboratory Seizure System (CLSS), and - in this instance - the Kansas and California state law enforcement systems and the Las Vegas Metropolitan Police Department systems; c. printouts of all records available on RISSNet, RISSIntel, and all specialized criminal intelligence databases, including analytical products, deconfliction reports, records from the MidWest and Northern California HIDTAs and their Case Management Systems, and all other HIDTA and non-HIDTA indices and databases linked to RISSNET; d. printouts of all electronic communications, email, and any other records transmitted through RISSNET from any HIDTA Investigative Support Center (ISC) or any federal, state or local government agency or system; e. printouts of all other references in the RISS system or on RISSNET, including RISSLeads and RISSSearch; f. records of a specific HIDTA investigation concerning the undersigned (see attached DOJ/CD release of records, in response to FOIA Request Number CRM-200900353P, confirming a MidWest HIDTA investigation initiated on November 8, 2000 regarding USAO Number 2000R00910 and Docket Number 00-40104-01/02-R)(See P. 1 of OCEDTF Status Report)."

Status:

DOJ/BJA responded that "The records you seek are maintained outside this Office and our staff has not be able to determine whether, or how many, records exist in response to our request " and requesting additional time to comply.

On November 18, 2009 the DOJ/OJP Office of General Counsel replied that "The Office of Justice Programs (OJP) has conducted a search of its records and has determined that the documents requested are not under the purview of BJA or OJP, and none of the requested documents are available through BJA. The search for these documents can be conducted by any RISS access office, but the requirements under RISS Policy, the author agency, and guidelines provide for dissemination under 28 C.F.R. Part 23 is that information obtained through these searches are for investigative purposes and prohibits sharing of this information to others for non-investigative purposes. To obtain this information, a request would have to be directed to the RISS, the regional RISS Centers, and to each and every agency who generated the record since it is the sole property of that agency" and providing the address for RISS as "Institute for Intergovernmental Research, P.O. Box 12729, Tallahassee, Florida 32317-2729."

[NB: As suggested by DOJ/BJA, similar requests were made to each and every RISS Center, and to the Institute for Intergovernmental Research. No responses were received.]

September 3, 2009
Req. No. CRM-200900353P

Request for OCDETF Investigation Initiation Form, Indictment/Information Form (Part A), and the State and Local Overtime Forms for Operation White Rabbit East (WC-KS-0068), specifically: "1. the OCDETF Executive Office records described in the attached DOJ OCDETF Status Report - previously released by DOJ under FOIA Request Number CRM-200900353P - citing therein OCDETF Investigation Number WC-KS-68 and WC-KS-0068 (Operation Name: White Rabbit East) under "Source: OCDETF Investigation, Indictment or Information Form," but with this request limited only to the following three (3) records in the OCDETF Management Information System (MIS) or other databases: a.) the Investigation Initiation Form (IIF) for OCDETF Operation White Rabbit East (WC-KS-68 or WC-KS-0068) submitted from the West Central OCDETF region of Kansas; b.) Part A of the Indictment or Information Form (Case), listing the personnel (i.e. attorneys) and agencies involved and numbers of personnel by agency, as required by the OCDETF Management Information System Reporting Forms; c.) the forms reporting the State or Local law enforcement officers assigned to participate, the Local Overtime and Authorized Expense Forms, and the Officers Overtime Log for Billing for 2001, 2002, and 2003. In sum, a search is requested of the OCDETF MIS for the OCDETF Investigation Initiation Form, the Indictment/Information Form (Part A), and the State and Local Overtime Forms for Operation White Rabbit East (WC-KS-68 or WC-KS-0068) [] Please note EOUSA has already disclosed the identities of two of the OCDETF member agencies (DEA and IRS) and that redaction of these and other federal and state participating agencies is unnecessary in this instance (see attached EOUSA response to your referral records responsive to Request Number CRM-200900353P for a direct determination by EOUSA, p. 2."

Status:

On October 18, 2009, appealed delay in responding to DOJ/OIP. On November 13, 2009 DOJ/OIP referred matter to DOJ Criminal Division.

On November 25, 2010 DOJ/CD responded that "The OCDETF Investigation Initiation Form was located in our search for records concerning you in response to your Privacy Act request (200900353P) date March 8, 2009. The form originated in the Office of the U.S. Attorney for the District of Kansas. Pursuant to Department practice, we referred that record to the Executive Office for U.S. Attorneys (which processes such records) for review and direct response to you. We did not locate any other records responsive to your request. Regarding the portion of your request and local records, the Federal Freedom of Information Act applies only to Federal Agencies. Therefore, if you have not already done so, you may wish to contact the appropriate State and local offices for records responsive to that portion of your request."

[NB: DOJ/CD did not refer this request to OCDETF at DOJ, which is no longer part of the Criminal Division, for review of its records of payments and personnel in the state and local agencies participating in the OCDETF investigation]

September 14, 2009
Req. No. 200900725F

Request for "the revised 2002 OCDETF Guidelines."

Status:

On November 25, 2009 DOJ/CD responded that: "We have located one document (item 1) within the scope of your request. In light of our review we have determined to withhold the item (as described in the enclosed schedule) in full." (and withholding based on exemption (b)(2) (information relating solely to the internal personnel rules and practices of any agency) and (b)(5) (inter-agency and intra-agency memoranda or letters that reflect the predecisional deliberative processes of an agency).

On December 3, 2009 the withholding was appealed to DOJ/OIP, stating in part: "1. The OCDETF Guidelines has been publicly available in unredacted form for nineteen (19) years, since its adoption on (December 26, 1990) and through the current date. A copy is attached as Exhibit 2. 2. A net search for the OCDETF Guidelines resulted in 408 sites, with descriptions of its availability through Amazon and numerous state and university libraries including but not limited to the New Jersey State Library, the New Mexico State Library, the New Hampshire State Library, and Columbia University Law School. 3. It is easily discerned that the OCDETF Guidelines is of significant public interest to legal scholars, analysts, law faculty and students, criminologists and the lay public. 4. DOJ's claim of exemption (b)(2) is inappropriate in this instance, as noted in Yeager v. DEA (D.D.C. 19080) regarding DEA's NADDIS database. In Yeager (Id.), the government also asserted exemptions (b)(2) relating 'solely to the internal personnel rules and practices of an agency.' The district court observed 'This is clearly not the case. As the affidavits indicate, NADDIS contains considerable information that would be of interest to persons outside the agency itself.' The broad availability of the OCDETF Guidelines suggests the content is of interest to persons extant to the DOJ Criminal Division.' 5. Similarly, the claim of exemption (b)(5) regarding inter-agency or intra-agency memoranda must also fail. The OCDETF Guidelines is not a memorandum, but an actual instructive agreement established by numerous federal and state agencies and signed by their representatives (see Ex. 2, p. 20-21). In any event, the 2002 OCDETF Guidelines (revised) cannot be withheld in its entirety when its substantive content has been in the public domain, released by DOJ, for decades. It is requested that OIP remand this appeal to DOJ with instructions to release the 2002 OCDETF Guidelines in unredacted form."

On March 17, 2010 as Appeal No. 2010-0684, DOJ/OIP stated "After carefully considering your appeal, and following discussions between Criminal Division personnel and a member of (DOJ/OIP) staff, (DOJ/OIP) is remanding your request for further processing of the responsive records. The Criminal Division will send any and all releasable records to you directly, subject to any fees."

On April 16, 2010 DOJ/CD responded on remand that "After consultation with the Office of Information Policy we are releasing the enclosed material (item 1, consisting of 2 pages) in full."

On April 23, 2010 a second appeal was made to DOJ/OIP, stating in part: "Although remanded by OIP for releasable records of the twenty-eight (28) page 2002 OCDETF Guidelines, DOJ thereafter disclosed only two (2) pages. As noted in the prior appeal, the 2002 revised OCDETF Guidelines are similar - if not identical in portions - to the publicly available OCDETF Guidelines existing prior to the 2002 revision."

· On May 28, 2010 DOJ/OIP assigned to the second appeal number 2010-1994. On September 21, 2010, the appeal was remanded a second time to DOJ/CD with instructions to release the 2002 OCDETF Guidelines. No further response has been received from DOJ/CD even after a second remand.

December 7, 2009
Req. No. OJP FOIA No. 10-00132

Request for Regional Information Sharing System (RISS) records and grants involving Criminal Intelligence systems, specifically: "1. the grant application to DOJ for funding provided by DOJ/BJA/OJP as Grant Number 2002-RS-CX-0004 and concerning in part the Regional Information Sharing System (RISS); 2. a list of all grants - including but not limited to those involving RISS - provided by DOJ/BJA/OJP for research and development of criminal intelligence systems as described by 28 CFR Part 23; 3. a copy of the OJP annual notice indicating the existence and the objective of all systems for the continuing interjurisdictional exchange of criminal intelligence information which are subject to the 28 CFR Part 23 Criminal Intelligence Systems policies (see 28 CFR 23.40(c), Monitoring and Auditing of grants for the funding of intelligence systems); 4. a copy of the current DOJ "RISS Program Funding and Administration Guidelines"

Status:

On March 22, 2010 DOJ Office of Justice Programs (OJP) responded by providing copies of three of the requested documents, while continuing a search for responsive material.

On June 11, 2010 DOJ/OJP responded that it has "conducted a search of the records and enclosed are 16 documents, consisting of 340 pages, that are appropriate for release [] This completes the processing of your request by OJP."

On June 20, 2011 an appeal was made to DOJ/OIP noting in part: "B. Although DOJ/OIP has released responsive records on two occasions, the release concerned only item 1 and 4 (in the request) supra (the grant application for RISS, and the Program Funding and Administration Guidelines). C. DOJ/OIP has not released records, which it is mandated to retain, concerning items 2 and 3 supra (viz. a list of all DOJ/BJA/OJP grants for research and development of 28 CFR Part 23 criminal intelligence systems, and a copy of the OJP annual notices of the existence and objectives of criminal intelligence systems in compliance with CFR 23.40(c)). Hence, a remand is requested to DOJ/BJA/OJP for the release of the records responsive to the requested items 2 and 3 supra)."

On July 7, 2010 DOJ/OIP assigned appeal number 2010-2356. On August 11, 2011 DOJ/OIP remanded the "request for a further search for records responsive to your request." No further records have been released.

December 11, 2009
Req. No. CRM-201000042F

Request for records of Operation White Rabbit, specifically: "(records relating the the undersigned) in 1. The OCDETF "Status Report" form generated by OCDETF for the Criminal Division; 2. the OCDETF Investigation Initiation Form (IIF) for Operation White Rabbit (PA-CAN-219) originating on May 22, 2001 in the Northern District of California, and identifying all agencies ultimately participating in Operation White Rabbit (including the originating agencies DEA and IRS); 2. Part A. of the Indictment or Information Form (Case), listing the personnel (i.e. attorneys) and agencies involved and the numbers of personnel by agency, as required by the OCDETF Management Information System reporting forms; 3. the OCDETF Disposition and Sentencing Report - by Defendant; 4. the closing report for this investigation, if any."

Status:

On January 27, 2010, DOJ responded it would conduct a search of Criminal Division records.

On April 13, 2010 DOJ responded "We did not locate any Criminal Division records responsive to your request. We did, however locate records that originated with the Executive Office for United States Attorneys" and referring the request to EOUSA for a direct response.

On August 9, 2010 EOUSA responded (Referral Req. No. 10-1533-R) that 37 pages of material were reviewed and 37 pages were being withheld in full.

March 4, 2010
Req. No. CRM-201000366F

Request for OCDTEF Management Information System (MIS) records of Operation White Rabbit, the OCDETF MIS Operating Manual, and various Memoranda of Understanding on major DOJ databases, specifically: "1. Any and all records within or accessible to the OCDETF MIS in which the undersigned is a subject of interest or only referenced, including but not limited to: a.) OCDETF Operation White Rabbit (PA-CAN-219); b.) OCDETF Operation White Rabbit East (WC-KS-68); c.) printouts of the screen displays of the indices of the OCDETF MIS pointing to the requested records for items 1 and 1.a-b supra; d.) all records of the search being conducted; 2.) the table of contents for the OCDETF MIS operating manual, user guide, or equivalent; 3.) the OCDETF MIS operating manual, user guide, or equivalent; 4.) the memorandum of understanding or equivalent for datasharing and ingestion of OCDETF MIS records into: a.) FBI's Central Records System (CRS); b.) FBI's Investigative Data Warehouse (IDA); c.) DEA's NADDIS system; d.) DEA's Drug X system; e.) the Regional Information Sharing system (RISS) operated under the guidance of DOJ (OJP/BJA) as a 28 Part 23 Criminal Intelligence system."

Status:

Sent by Certified Mail No. 7009 1680 0001 9129 1314. No response by DOJ. Resent by Certified Mail No. 7009 1680 9131 4403 and requesting a tracking number.

On October 6, 2010 DOJ replied that "We previously have responded to records in this request related the White Rabbit, which were referred to the Executive Office for United States Attorneys for processing in April 2010. Please be advise that the Organized Crime Drug Enforcement Task Force is no longer part of the Criminal Division" and routing the entire request to OCDETF, 601 D Street, N.W., Washington, D.C. 20530.

OCDETF responded with a search resulting in 91 pages of the OCDETF Investigation Initiation Form (IIF), released one page in full and withheld the balance of the document. [NB: OCDETF did not respond to the requests for the OCDETF MIS operating manual or the memoranda of understanding, or to the request for printouts of the screen displays of the indices.]

March 22, 2010
Req. No. CRM-201000311F

Request for records describing the DOJ Computer Center as defined in a publication of FBI (59 FR 29824/06-09-94) citing the "DOJ Computer Center, Rockville, Maryland" and specifically: "1. records listing and describing all databases, applications and pointer indices originating from any agency or entity and available to authorized users through telecommunications access to the Department of Justice Computer Center (e.g. DEA's Case Status System (CAST) and numerous other agencies systems); 2. screen display printouts of the interfaces to all databases, applications and indices available to authorized users of the DOJ Computer Center."

Status:

Sent by Certified Mail No. 7009 1680 0001 9129 1420. On May 28, 2010 DOJ assigned Request Number CRM-201000311F and stated "Please resubmit your request containing a more specific description of the records you are seeking" while also suggesting the request be made to other DOJ components.

On June 5, 2010 a specific description was provided to DOJ, stating "1. This correspondence narrows the request and describes more specifically the Criminal Division records of interest. 2. As per your suggestion, similar requests are being made to other divisions of DOJ regarding their indices and records maintained by the DOJ Computer Center. 3. Insofar as the Criminal Division has provided certain of its indices and records to the DOJ Computer Center (as has DEA in providing its NADDIS index, and FBI in providing the Counterdrug Information Indices System (CIIS)), please provide records listing the Criminal Division indices and records maintained by the DOJ Computer Center for access by authorized federal employees. 4. As described in the request, a printout of the screen display of the DOJ Computer Center that is available to the DOJ Criminal Division - and listing other federal agencies indices that may be searched - is also requested. 5. Please note that this request involves both Criminal Division and other Government Agency (OGA) indices and records that are routinely accessed by, as well as those originating from, the Criminal Division. 6. Hence, this request attempts to define, inter alia, the application of FOIA to interoperable record systems shared by multiple federal agencies. 7. As one example, in that DEA's NADDIS database is viewable by the Criminal Division through the DOJ Computer Center, a printout of the NADDIS screen display available to the Criminal Division is requested. The Criminal Division may wish to refer the determination on the NADDIS screen display to DEA, and OGA indices to the relevant federal agencies."

On September 30, 2010 DOJ replied that "Our office consulted with the Criminal Division Information Technology Center representative, and we have been advised that the Department of Justice does not have nor has there ever been a DOJ Computer Center." [NB: but see FBI discussion in Federal Register describing "DOJ Computer Center, Rockville, Maryland (59 FR 29824/06-09-94).]

Appealed to DOJ/OIP, stating in part: "2. Although the DOJ Computer Center may be known by another name, please note the attached "request for Records Disposition Authority" dated 5/30/2002 by DEA, in which it describes its 'Case Status System (CAST)' 3. Under 'Description' is the statement 'The system is available to authorized users having telecommunications access to the Department of Justice (DOJ) Computer Center' 4. Hence, please remand this matter to DOJ with instructions to produce the requested records of the DOJ Computer Center' - or the equivalent by any name - that permits telecommunications access to DOJ computers and thereby DEA's CAST system and other agencies' systems accessible through DOJ."

On January 13, 2011 DOJ/OIP affirmed DOJ/JMD action on the request. [NB:DOJ has not responded to the request for DOJ computer systems ("or the equivalent by any other name") that permits access to DOJ computers by DOJ or other government agencies.]

April 23, 2010
Req. No. CRM-2010000482F

Request for DOJ records of Operation Flashback, specifically: " 1. DEA Special Enforcement Program "Operation Flashback" (DEA SEP-581); 2. In this regard, a search is requested not only of those databases routinely searched in response to FOIA requests, e.g. the Narcotics and Dangerous Drugs Section and other Criminal division databases likely to retain records concerning DEA Special Enforcement Programs, but also a.) the OCDETF MIS (Management Information System) and the OCDETF Fusion Center; b.) the DOJ Computer Center, including the indices of DEA, FBI, EOUSA and Other Government Agencies (OGAs) records systems; c.) the DOJ Computer Center search would include but not be limited to, e.g. DEA's CAST and NADDIS indices, FBI's Universal Index, RISS, and OGA indices."

Status:

Sent by Certified Mail No. 70091680 0001 9131 6765. No tracking number assigned within 20 days.

On June 30, 2010, an appeal was made to DOJ/OIP regarding the lack of a tracking number. On September 27, 2010, DOJ/OIP responded that "the Criminal Division has assigned your Request No. CRM-2010000482F."

On October 6, 2010, DOJ/OEO responded (citing another Req. No. CRM-2010000382F) that "As we have previously advised you, the Narcotics and Dangerous Drug Section performed a search and has no records pertaining to you. Please also be advise, there is no such thing as the DOJ Computer Center" and routing the DOJ request to DEA. [NB: DOJ did not address the request to search the DOJ OCDETF Fusion Center and the OCDETF Management Information System for relevant records.]

May 17, 2010
Tracking no. 1929208 Justice Management Division

Request for records of DOJ Financial Management Information System (FMIS) pertaining to OCDETF Operation White Rabbit, specifically: "records from a search of: 1. the Department of Justice Financial Management Information System (FMIS), limited to any and all FMIS records pertaining to: a.) OCDETF Operation White Rabbit (PA-CAN-219); b.) OCDETF Operation White Rabbit East (WC-KS-68); c.) DEA Special Enforcement Program Flashback (SEP-581); d.) the undersigned, either as a main subject or only referenced; 2. the screen displays of the FMIS indices pointing to the originating records as described in items 1.a-d supra; 3.) the table of contents or index for the FMIS operating manual or equivalent."

Status:

Request to DOJ/CD referred to Justice Management Division (JMD) of DOJ. On August 19, 2010 assigned tracking number 1929208.

On September 28, 2010 DOJ/JMD responded "We have conducted a search in FMIS, and have not found any records that include your name and any of the OCDETF or DEA operations identified in your request."

On October 26, 2010 the response was appealed to DOJ/OIP stating: "1. It is improbable that the DOJ Financial Management Information System (FMIS) would not contain records or OCDETF investigations or DEA Special Enforcement programs, whether or not the undersigned's name is used as a search term; 2. the JMD decision failed to address the request for "the table of contents or index for the FMIS operating manual or equivalent," No further response by DOJ.

June 1, 2010
Req. No. CRM-201000482F

Request for "the NADDIS record (on the undersigned) maintained at the DOJ Computer Center, in basic, partial and full display format."

Status:

Sent by Certified Mail No. 7009 1680 0001 9131 7342. On June 20, 2010 DOJ responded that the request "was misdirected to the Criminal Division" and referring the request to DEA. No further response by DOJ or DEA.

June 15, 2010
Req. No. CRM-201000311F

Request for records describing the DOJ Computer Center, specifically: "1. records listing and describing any and all databases, applications and pointer indices maintained by the DOJ Computer Center; 2. the records requested include DOJ and component agencies databases, applications and pointer indices, as well as those of all Other Government Agencies (OGAs) maintained by the DOJ Computer Center."

Status:

Sent by Certified Mail No. 7009 1680 0001 9129 1307. DOJ responded that no "DOJ Computer Center" existed.

On October 25, 2010, the request was appealed to DOJ/OIP and assigned Appeal No. AP-2011-00343. The appeal included an exhibit of an official DEA document citing DEA employees' access to the "DOJ Computer Center."

On December 29, 2010, DOJ/OIP responded "In your appeal letter dated October 25, 2010, you provided a Drug Enforcement Administration (DEA) record containing the phrase "DOJ Computer center." If you have not done so already, (it is) suggest[ed] that you submit a request directly to DEA for the records you seek."

June 28, 2010
Req. No. CRM-201000557F

Request for DOJ records from DEA's Drug X system, specifically: "records - both main and reference - pertaining to the undersigned in the DOJ Drug X query system: 1. any and all records between June 1, 1994 and December 31, 2004 within the Drug X query system; 2. any and all access or inquiry logs or equivalent indicating access to the Drug X query system between the specified dates by DOJ or Other Government Agencies (OGAs), including but not limited to FBI, DEA, and IRS."

Status:

Sent by Certified Mail No. 7009 1680 0001 9129 2731. DOJ replied on July 28, 2010 stating "The system you have requested is not maintained by the Criminal division and we are unable to determine where it is located."

On September 2, 2010, the DOJ response was appealed to DOJ/OIP, stating: "With regard to a request for records in the 'Drug X query system,' DOJ stated 'we are unable to determine where it is located'; 2. However, the 'Drug X' system is a major shared records system of FBI and DEA. It is unlikely that DOJ would be unaware of the Drug X system; 3. Additionally, the Drug X system is accessible to DOJ personnel and Other Government Agencies (OGAs) that utilize the DOJ's Computer Center, including the DOJ Criminal Division. A remand is requested for DOJ to produce the Drug X records available through the DOJ Computer Center."

On September 21, 2010 DOJ/OIP assigned appeal number 2010-3229. On October 21, 2010, DOJ/OIP replied that "(the DOJ Criminal Division) does not maintain such a system of records" and "the records you seek may be maintained by the Federal Bureau of Investigation or the Drug Enforcement Administration" and suggesting a FOIA request to those agencies.

September 28, 2011
no tracking number assigned

Requested DOJ records of Gordon Todd Skinner in light of Pickard v. DOJ, 653 F.3d 782 (9th Cir. July 27, 2011), specifically: "records pertaining to Gordon Todd Skinner, DOB 7/13/64, SSN 445-72-2727. Importantly, this request does not requires a release authorization or proof of death, in that DOJ has officially confirmed Skinner as an informant, in accord with 5 USC 552(c)(2), as described in Pickard v. DOJ, 2011 LEXIS 15397 (9th Cir. July 27, 2011)(see also http://www.ca9.uscourts.gov/datastore/opinions/2011/07/27/08-15504.pdf)."

Status:

Sent by Certified Mail No. 7010 2780 0003 1332 4465. No response by DOJ.