ACLU of Michigan FBI David M. Hardy Mark P. Fancher, Esq. ACLU/DIAG Information 40956 Letter ACLU/DIAG Information 2:11-cv-13154-LPZ-MAR Doc # 19-2 Filed 02/17/12 Pg 37 of 598 Pg ID 231 2:11-cv-13154-LPZ-MAR Doc # 19-2 Filed 02/17/12 Pg 37 of 598 Pg ID 231 U.S. Department of Justice U.S. Department of Justice Federal Bureau of Investigation Federal Bureau ofInvestigation Washington D.C. 20535 Washington D.C 20535 February 17 2012 February 17 2012 MARK P. FANCHER ESQ. MARK P. FANCHER ESQ. ACLU OF MICHIGAN ACLU OF MICHIGAN 2966 WOODWARD AVENUE 2966 WOODWARD AVENUE DETROIT MI 48201 3035 DETROIT MI 48201 3035 Subject: ACLU/DIOG INFORMATION Subject: ACLU/DIOG INFORMATION FOIPA No. 1173890- 000 FOIPA No. 1173890-000 Dear Mr. Fancher: Dear Mr. Fancher: The enclosed documents from your prior releases on September 29 2011 and October 31 2011 were The enclosed documents from your prior releases on September 29 2011 and October 31 2011 were reprocessed under the Freedom of Information/Privacy Acts (FOIPA) Title 5 United States Code Section 552/552a. reprocessed under the Freedom of Information/Privacy Acts (FOIPA) Title 5 United States Code Section 552/552a. Deletions have been made to protect information which continues to remain exempt from disclosure with the Deletions have been made to protect information which continues to remain exempt from disclosure with the appropriate exemptions noted on the page next to the excision. The exemptions used to withhold information are appropriate exemptions noted on the page next to the excision. The exemptions used to withhold information are marked below and explained on the enclosed Form OPCA-16a: marked below and explained on the enclosed Form OPCA-16a: Section 552Section 552 Section 552aSection 552a q(b)(1)D(b)(1 ) (b)(7)(A)l8I(b)(7)(A) q(d)(5)D(d)(5) q(b)(2)D(b)(2) q(b)(7)(B)D(b)(7)(B) qG)(2)D0)(2) q(b)(3)D(b)(3)_________ (b)(7)(C)l8I(b)(7)(C) q(k)(1)D(k)(1 ) q(b)(7)(D)D(b)(7)(D) q(k)(2)D(k)(2) tg(b)(7)(E)l8I(b)(7)(E) q(k)(3)D(k)(3) q(b)(7)(F)D(b)(7)(F) q(k)(4)D(k)(4 ) q(b)(4)D(b)(4) q(b)(8)D(b)(8) q(k)(5)D(k)(5) q(b)(5)D(b)(5) q(b)(9)D(b)(9) q(k)(6)D(k)(6) z(b)(6)l8I(b)(6) q(k)(7)D(k)(7) 46 page(s) were reviewed and 46 page(s) are being released. 46 page(s) were reviewed and 46 page(s) are being released. qD Document(s) were located which originated with or contained information concerning other Document(s) were located which originated with or contained information concerning other Government agency(ies) [OGA]. This information has been: Government agency(ies) [OGA]. This information has been: D referred to the OGA for review and direct response to you. q referred to the OGA for review and direct response to you. q referred to the OGA for consultation. The FBI will correspond with you regarding this D referred to the OGA for consultation. The FBI will correspond with you regarding this information when the consultation is finished. information when the consultation is finished. q In accordance with standard FBI practice this response neither confirms nor denies the D In accordance with standard FBI practice this response neither confirms nor denies the existence of your subject's name on any watch lists. existence of your subject's name on any watch lists. 21 You have the right to appeal any denials in this release. Appeals should be directed in writing to the 181 You have the right to appeal any denials in this release. Appeals should be directed in writing to the Director Office of Information Policy U.S. Department of Justice 1425 New York Ave. NW Director Office of Information Policy U.S. Department of Justice 1425 New York Ave. NW Suite 11050 Washington D.C. 20530-0001. Your appeal must be received by 01P within sixty (60) days Suite 11050 Washington D.C. 20530-0001. Your appeal must be received by OIP within sixty (60) days from the date of this letter in order to be considered timely. The envelope and the letter should be clearly from the date of this letter in order to be considered timely. The envelope and the letter should be clearly marked Freedom of Information Appeal. Please cite the FOIPA Number assigned to your marked Freedom of Information Appeal. Please cite the FOIPA Number assigned to your request so that it may be easily identified. request so that it may be easily identified. ACLURM021349 2:11-cv-13154-LPZ-MAR Doc # 19-2 Filed 02/17/12 Pg 38 of 598 Pg ID 232 2:11-cv-13154-LPZ-MAR Doc # 19-2 Filed 02/17/12 Pg 38 of 598 Pg ID 232 o The enclosed material is from the main investigative file(s) in which the subject(s) of your request was q The enclosed material is from the main investigative file(s) in which the subject(s) of your request was the focus of the investigation. Our search located additional references in files relating to other the focus of the investigation. Our search located additional references in files relating to other individuals or matters which may or may not be about your subject(s). Our experience has shown individuals or matters which mayor may not be about your subject(s). Our experience has shown when ident references usually contain information similar to the information processed in the main file(s). when ident references usually contain information similar to the information processed in the main file(s). Because of our significant backlog we have given priority to processing only the main investigative file(s). Because of our significant backlog we have given priority to processing only the main investigative file(s). If you want the references you must submit a separate request for them in writing and they will be If you want the references you must submit a separate request for them in writing and they will be reviewed at a later date as time and resources permit. reviewed at a later date as time and resources permit. q See additional information which follows. o See additional information which follows. Sincerely yours Sincerely yours rb.1-otkis---e3 David M. Hardy David M. Hardy Section Chief Section Chief Record/Information Recordllnformation Dissemination Section Dissemination Section Records Management Division Records Management Division Enclosure(s) Enclosure(s)Enclosure(s) ACLURM021350 2:11-cv-13154-LPZ-MAR Doc # 19-2 Filed 02/17/12 Pg 39 of 598 Pg ID 233 2:11-cv-13154-LPZ-MAR Doc # 19-2 Filed 02/17/12 Pg 39 of 598 Pg ID 233 EXPLANATION OF EXEMPTIONS EXPLANATION OF EXEMPTIONS SUBSECTIONS OF TITLE 5 UNITED STATES CODE SECTION 552 SUBSECTIONS OF TITLE 5 UNITED STATES CODE SECTION 552 (b)( I) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign (6)(1) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (8) are in fact properly classified to such Executive order; policy and (B) are in fact properly classified to such Executive order; related solely to the internal personnel rules and practices of an agency;(b)(2)(b)(2) related solely to the internal personnel rules and practices of an agency; (b)(3) (b)(3)(b)(3) specifically exempted from disclosure by statute (other than section 552b of this title) provided that such statute(A) requires that thespecifically exempted from disclosure by statute (other than section 552b of this title) provided that such statute(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue or (B) establishes particular criteria for matters be withheld from the public in such a manner as to leave no discretion on issue or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld; withholding or refers to particular types of matters to be withheld; (b)(4) (b)(4)(b)(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;trade secrets and commercial or financial information obtained from a person and privileged or confidential; (b)(5) (b)(5)(b)(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigationinter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; with the agency; (b)(6) (b)(6)(b)(6) pnvacy; personnelpersonnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal (b)(7) (b)(7)(b)(7) records or information compiled for law enforcement purposes but only to the extent that the production of such law enforcementrecords or information compiled for law enforcement purposes but only to the extent that the production of such law enforcement records or information ( A ) could be reasonably be expected to interfere with enforcement proceedings ( B ) would deprive a person records or information ( A ) could be reasonably be expected to interfere with enforcement proceedings ( B ) would deprive a person of a right to a fair trial or an impartial adjudication ( C ) could be reasonably expected to constitute an unwarranted invasion of personal ofa right to a fair trial or an impartial adjudication (C) could be reasonably expected to constitute an unwarranted invasion of personal privacy ( D) could reasonably be expected to disclose the identity of confidential source including a State local or foreign agency or privacy ( D) could reasonably be expected to disclose the identity of confidential source including a State local or foreign agency or authority or any private institution which furnished information on a confidential basis and in the case of record or information compiled authority or any private institution which furnished information on a confidential basis and in the case of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation information furnished by a confidential source ( E ) would disclose techniques and procedures for law intelligence investigation information furnished by a confidential source ( E ) would disclose techniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law or ( F ) could reasonably be expected to endanger the life or disclosure could reasonably be expected to risk circumvention of the law or ( F ) could reasonably be expected to endanger the life or physical safety of any individual; physical safety of any individual; (b)(8) (b)(8)(b)(8) contained in or related to examination operating or condition reports prepared by on behalf of or for the use of an agency responsible forcontained in or related to examination operating or condition reports prepared by on behalf of or for the use of an agency responsible for the regulation or supervision of financial institutions; or the regulation or supervision of financial institutions; or (b)(9) (b)(9)(b)(9) geological and geophysical information and data including maps concerning wells.geological and geophysical information and data including maps concerning wells. SUBSECTIONS OF TITLE 5 UNITED STATES CODE SECTION 552a SUBSECTIONS OF TITLE 5 UNITED STATES CODE SECTION 552a information compiled in reasonable anticipation of a civil action proceeding; (d)(5)(d)( 5) information compiled in reasonable anticipation of a civil action proceeding; (i)(2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent control or reduce U)(2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent control or reduce crime or apprehend criminals; crime or apprehend criminals; information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign (k)( I)(k)( I) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy for example information involving intelligence sources or methods; policy for example information involving intelligence sources or methods; (k)(2) (k)(2)(k)(2) investigatory material compiled for law enforcement purposes other than criminal which did not result in loss of a right benefit orinvestigatory material compiled for law enforcement purposes other than criminal which did not result in loss ofa right benefit or privilege under Federal programs or which would identify a source who furnished information pursuant to a promise that his/her identity privilege under Federal programs or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence; would be held in confidence; material maintained in connection with providing protective services to the President of the United States or any other individual pursuant (k)(3)(k)( 3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18 United States Code Section 3056; to the authority of Title 18 United States Code Section 3056; required by statute to be maintained and used solely as statistical records; (k)(4)(k)(4) required by statute to be maintained and used solely as statistical records; (k)(5) (k)(5)(k)(5) investigatory material compiled solely for the purpose of determining suitability eligibility or qualifications for Federal civilianinvestigatory material compiled solely for the purpose of determining suitability eligibility or qualifications for Federal civilian employment or for access to classified information the disclosure of which would reveal the identity of the person who furnished employment or for access to classified information the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence; information pursuant to a promise that his/her identity would be held in confidence; (k)(6) (k)(6)(k)(6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service thetesting or examination material used to determine individual qualifications for appointment or promotion in Federal Government service the release of which would compromise the testing or examination process; release of which would compromise the testing or examination process; (k)(7) (k)(7)(k)(7) material used to determine potential for promotion in the armed services the disclosure of which would reveal the identity of the personmaterial used to determine potential for promotion in the armed services the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence. who furnished the material pursuant to a promise that hislher identity would be held in confidence. F131/DOJ FBIIDOJ ACLURM021351