FOIA Requests Helpful to the Defense Bar, District and Appellate Courts, and Public Interest Groups

As an FOIA activist, Leonard has submitted FOIA requests for case information and for records that define government information systems. Pending and currently litigated requests to agencies include:

Office of National Drug Control Policy (ONDCP), Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Department of Justice, Criminal Division (DOJ/CD), Department of Justice, Bureau of Justice Assistance (DOJ/BJA), Executive Office of United States Attorneys (EOUSA), National Archives and Records Administration, Office of Government Infomation Systems (NARA/OGIS), Department of Homeland Security (DHS), and Internal Revenue Service (IRS).

Government Records Systems Being Researched Through FOIA include:

OCDETF (Organized Crime Drug Enforcement Task Forces - DOJ), HIDTA (High-Intensity Drug Trafficking Area - ONDCP), RISS (Regional Information Sharing System - DOJ), NADDIS (Narcotics and Dangerous Drugs Information System - DEA), and IDW (Investigative Data Warehouse - FBI).

DEA FOIA Requests

January 25, 2005 (request for records of DEA informant Gordon Todd Skinner, specifically: "information and documents pertaining to DEA informant Skinner," and including "any information on Skinner's criminal history including records of arrests, convictions, warrants, or other pending cases, records of all case names, numbers and judicial districts where he testified under oath, records of all monies paid in his capacity as a federal government informant, all records of instances where the DEA intervened on his behalf to assist him in avoiding criminal prosecution, all records of administrative sanctions imposed for dishonesty, false claims, or other deceit, all records of any benefits of any nature conferred, all records of deactivation as a confidential informant and the reasons for deactivation, and all records concerning Skinner's participation in criminal investigations.") Additionally, Skinner's NADDIS recoord was requested by separate letter and incoporated into this request. On February 11, 2005 DEA denied the request, and DOJ/OIP thereafter affirmed DEA's denial. Status: DEA's refusal to release these records was litigated in the Northern District of California (see Pickard v. DOJ, enter, N.D.Cal (CRB), Pickard 1). The district court denied the complaint, and the matter was appealed to the 9th Circuit (Case No. 08-15504). Oral arguments were completed on January 13, 2010. On July 27, 2011, the 9th Circuit REVERSED AND REMANDED the appeal to the district court (see http://www.ca9.uscourts.gov/datastore/opinions/2011/07/27/08-15504.pdf).

March 17, 2006 (Req. No. 06-0643) (request for "the full 126-page report on the '(Office of Inspector General's) Audit to Assess the DEA's Compliance with Regulations Concerning DEA Informants.'") After four years, on July 16, 2010 DEA responded that "DEA has completed its review of the above OIG report and is returning the report to OIG for a direct response to you." No further response from OIG or DEA.

March 5, 2008 (Req. No. 08-0758-F) (request for NADDIS record of deceased LSD chemist Torr Eric Svenson, specifically: "1.) Svenson's NADDIS Index or summary, pointing to - and constituting the practical means for accessing - records in DEA's Investigative Filing and Reporting System (IFRS); 2.) I do not request the associated IFRS records at this time, but only the Index.") Status: On May 5, 2008 DEA assigned a tracking number. On January 27, 2009, after conducting a search for Svenson's records, DEA responded that no records were found after a query of NADDIS/IFRS and requested more information on the subject, specifically "A specific event/geographical location (with specific dates) that the DEA participated in connection with Mr. Svenson." These criteria were provided on September 28, 2009, stating: "Attached is the result of a Social Security Death Index search, indicating that Tord E. Svenson's DOB is 1/7/37 and his SSN is 022-28-0985. it is likely that DEA has records relating to Svenson, for testimony in U.S. v. Timothy Scully, Nicholas Sand, and Lester Freidman (N.D. Cal. 1974) alleged that Svenson's clandestine LSD laboratory was investigated by IRS as part of a joint DEA-IRS inverstigation. The following information (from the pubic record) may be helpful in locating Svenson's NADDIS record and other responsive material to which NADDIS points: Tord Svenson was arrested in Boston, Masachusetts on November 29, 1967 in a drug lab reported by the press as an LSD operation. He was also known as Todd Sorenson, Tom Wilson and Ralph Conner. His associates included Ronald Hadley Stark, Richard Kemp, Michael Boyd Randall, Thelma Berg, Lester Freidman, and Ed May. He used the alias Todd Sorenson during the period of 1971-1972, when he worked at Laboratorie Le Clocheton near Brussels, Belgium, later investigated by DEA." DOJ/OIP remanded an appeal to DEA (Appeal No. 09-1294). DEA on August 5, 2010 restated it was unable to locate Svenson's NADDIS. (Comment: This request was made on behalf of Dr. Tim Scully.)

March 18, 2008 (Req. No. 08-0793-F) (request for NADDIS record of deceased LSD chemist Ronald Hadley Stark.) Status: DEA denied the request, stating it would require "creation of a record." After appeal to DOJ/OIP (Appeal No. 09-0013), DOJ/OIP on August 3, 2009 remanded to DEA with instructions to release the NADDIS record. On October 19, 2009 DEA again refused to produce the NADDIS record, stating "NADDIS is primarily internal and is used as an index to our Investigative Reporting and Filing System (IFRS). What is commonly referred to as a 'NADDIS printout' is the result of the system compiling discrete data in response to a query of the system. A NADDIS printout is therefore the creation of a record. Under FOI an agency is not required to create a record to satisfy a FOI requester." On November 3, 2009, a second appeal was made to DOJ/OIP (Appeal No. 2010-0511), and intervention was requested by NARA/OGIS. The appeal stated that in Yeager v. DEA, 678 F.2d 315, 325-325 (D.C. Cir. 1992), the D.C. Circuit observed "we are unable to discern from the record any reason that DEA should have been excused (from producing the record) other than the fact that the Agency (sic) simply does not want to reveal the nature of the information contained in NADDIS." The appeal to DOJ/OIP for Stark's NADDIS also stated "DEA [] claims that 'NADDIS is primarily internal' and that the request requires 'the creation of a record.' However, these arguments have been litigated and refuted by the courts in prior decisions concerning NADDIS. Directly on point is Yeager v. DEA, LEXIS 17864 (D.D.C. 1980), wherein DEA made exactly the same arguments thirty years ago. The Yeager Court noted, "DEA claims that NADDIS is merely an index, a tool for locating substantive files elsewhere in DEA's records systems. As such, it need not be disclosed [] This is clearly not the case. As the affidavits indicate, NADDIS contains considerable substantive information that would be of interest to persons outside the agency itself [] Although described by DEA as a computerized index, the NADDIS system is in fact part index and part substantive records system ... Each entry is in fact a separate record of an individual, business, building, or vehicle somehow connected with drug activity by DEA ... Each separate NADDIS entry contains substantive information and a list of references identifying other files mantained by DEA which contain additional information about the subject. The substantive data on an individuals record consists of specific information such as name, aliases, date and place of birth, race, sex, residence, education, occupation, state of current activity, prior criminal record and activities, types of drugs involved, and DEA's assessment of the scale of the individual's involvement in drug activity. Each category of information is recorded, either expressly or in code, at a specific location on each NADDIS record. In addition, each record contains a 'Remarks' section where additional information may be recorded in prose format." On July 13, 2010, DOJ/OIP remanded for a second time instructing DEA to produce Stark's NADDIS record. DEA then released seven pages of Stark's NADDIS, the first NADDIS record ever released under FOIA by DEA. No appeal was made. See NADDIS paper at http://www.freeleonardpickard.org/NADDIS for link to Stark's NADDIS for an example of a NADDIS record helpful to the defense bar.

June 19, 2008 (Req. No. 08-0710-P) (request for NADDIS records of William Leonard Pickard and any records on DEA files GFAN-97-8003 and GFAN 87-8008.) After numerous denials by DEA for NADDIS records of other individuals (see, e.g. the March 18, 2008 request for the NADDIS of Ronald Hadley Stark), and multiple remands of appeals to DOJ/OIP, DEA after two years released on August 24, 2010 the requested 36 pages of the NADDIS record, limited only a narrow "QSID" query of NADDIS, but also released the "access logs" (i.e. DEA's "audit detail report" showing dates and locations that queried NADDIS for Leonard's records). Appealed to DOJ/OIP, which denied the appeal on July 5, 2010, noting "With regard to the portion of your appeal in which you requested your 'full NADDIS record, rather than a particularized and narrowed display,' please be advised that DEA did provide you with your full NADDIS record." Additionally DEA stated: "A thorough seach of DEA investigative file number GFAN-97-8003 was conducted {and] no records responsive to the subject of your request was located in [this] investigative file [and] be advied that no DEA investigative file numbered GFAN-87-8008 was located." Appealed significant redactions in this NADDIS record (Cf. few redactions on Stark's NADDIS (se above). On July 5, 2011, DOJ/OIP denied the appeal.

June 22, 2009 (Req. No. 09-1176-F) (request for Investigation Initiation Form (IFF) of the OCDETF Operation "White Rabbit" and "White Rabbit East.") Status: After no response by DEA for seven months, the delay was appealed to DOJ/OIP. On January 19, 2010 DEA replied stating the information was held by other agencies. On April 12, 2009 OIP stated DEA referred request to EOUSA. No further response from DEA (but see EOUSA response below).

August 26, 2009 (Req. No. 10-0186-F) (request for DEA records of deceased Skinner victim Paul Kenneth Hulebak and providing proof of death.) Status: On February 16, 2010 DEA refused to produce Hulebak's NADDIS record, stating it would require "creation of a record." DEA reviewed and withheld-in-full 31 pages of other responsive material, but released 8 pages including a report on the death of Paul Hulebak. The failure to release the NADDIS record was appealed to DOJ/OIP (Appeal No. 2010-1516) and to NARA/OGIS (In Re Case No. 10-0140 MN:KF:CM). On July 14, 2010 DOJ/OIP remanded to DEA to produce four pages of NADDIS records. On July 28, 2010, DEA released Hulebak's partial NADDIS record. No appeal.

September 4, 2009 (Req. No. 10-0272-F) (request for DEA's "Memorandum of Understanding (MOU) or equivalent documents concerning agreements between DEA and FBI to include DEA's NADDIS record dataset as part of FBI's Investigative Data Warehouse (IDW).") Status: After appeal to DOJ/OIP of DEA's delay in responding, DEA on March 5, 2010 stated it "located no information." Appeal to DOJ/OIP (Appeal No. 10-0272-F) denied on August 16, 2010.

October 5, 2009 (Req. No. 10-0161-F) (request for DEA's NADDIS Operating Manual.) Status: After appeal to DOJ/OIP of DEA's delay in responding, DEA on December 22, 2009 stated "at this time, the manual is not available for public disclosure. However, our office is in the process of negotiating with the DEA component that is responsible for mantaining and reviewing the information you requested to determine when the information will be made available. You may wish to write back at a later time." On June 15, 2010, the NADDIS Operating Manual was requested again (see below).

October 18, 2009 (Req. No. 08-1409-F) (request for DEA Agents Manual.) Status: DEA delayed assigning a request number for six months until December 5, 2009. No response on request for DEA Agents Manual through 2011 (but see prior version of DEA Agents Manual released through FOIA, available at: http://www.shroomery.org/9671/DEA-Agents-Manual-rev-2002; and http://www.scribd.com/doc/6491228/DEA-Agents-Manual-2002).

March 22, 2010 (Req. No. 10-00706-F) (request for records and emails describing inclusion of DEA's NADDIS index into FBI's Investigative Data Warehouse (IDW), specifically: "1. any and all records concerning DEA's agreement or refusal to include DEA's NADDIS dataset as part of FBI's Investigative Data Warehouse (IDW); 2. emails between DEA and FBI officials concerning item 1 supra; 3. communications between DEA's Office of General Counsel or equivalent; or the Information Technology Staff or equivalent, and the corresponding offices at FBI concerning item 1 supra; 4. records concerning the inclusion or exclusion of any DEA database other than NADDIS into FBI's IDW".) Status: DEA assigned tracking number 10-00706-R, but no further response.

April 2, 2010 (Req. No. 00746-P) (request for NADDIS record from 1994 through 2004 for William Leonard Pickard.) Status: NADDIS record release on August 24, 2010.

April 7, 2010 (Req. No. 10-00678-P) (request for Sec. 6612.13 of the DEA Agents Manual, specifically: "Any and all records pertaining to the implementation and use of DEA Agents Manual Sec. 6612.13, including but not limited to: a. the eleven risk assessment factors described therein concerning potential or prior DEA informants, cooperating defendants/witnesses, or sources of information; b. the specific DEA form and formatting utilized or required for compliance with Sec. 6612.13 and the risk assessment factors; c. copies of Sec. 6612.13 and the related risk assessment factors applicable in 2000-2001, and at any other time.") Status: After delay by DEA, mediation was requested from NARA/OGIS, and a FOIA complaint in the United States District Court for the Northern District of California (venue transferred to Arizona (see Pickard v. DOJ 4:11-CV-00443-DCB)(Pickard II) Comment: This request and litigation is an outcome of the preparation of a "risk assessment" for Gordon Todd Skinner based on "Sec. 6612.13" by Agent Karl Nichols and sealed by the district court at trial.)

April 14, 2010 (no request number issued) (request for records pertaining to William Leonard Pickard and Operation Flashback (DEA SEP-581).) Sent on April 21, 2010 by Certified Mail No. 7009 1680 0001 9131 7489. No response by DEA. Appealed to DOJ/OIP, which responded on September 8, 2010 stating "DEA has no record of ever receiving this FOIA request from you."

May 17, 2010 (Req. No. 10-00727-F) (request for NADDIS, IFRS, and Confidential Source System (CSS) records of the DEA informant Andrew Chambers (whose DEA records were ordered released due to the public interest in "massive DEA misconduct" involving Chambers). See Bennett v. DEA, D.C.D.C. 1999.) Status: After DEA assigned tracking number 10-00727-F, no records have been released.

May 18, 2010 (no request number issued) (request for NADDIS record on deceased LSD distributor Frank Anthony Regusa, specifically" "1. the complete NADDIS printout on Regusa, including but not limited to a printout of the full display format of the NADDIS record; 2. printouts of both the partial and basic NADDIS display on Regusa, 3. the records in the IFRS and other databases to which the NADDIS entries point, are not requested in this instance. Please find attached proof of Regusa's death, in the form of a.) the title page of People v. Reilly, 196 Cal. App. 3d 1127, 242 Cal. Rptr. 496.") This request was the second attempt to obtain Regusa's NADDIS, in that DEA did not respond to a December 7, 2008 request. This second request was sent by Certified Mail No. 7009 1680 0001 9129 9678. DEA has not responded.

June 15, 2010 (req. No. 10-00775-F) (request for NADDIS Operating Manual, specifically: "1. the Operating Manual or equivalent use guide for DEA's NADDIS system; 2. records of any and all communications by DEA's FOI/Records Management Section with any DEA component or Other Government Agency (OGA) concerning the prior request for these records (Req. No. 10-0161-F).") Sent by Certified Mail No. 7009 1680 0001 9129 0775. DEA responded on June 24, 2010 and assigned tracking number. No further response by DEA.

August 16, 2010 (no tracking number assigned) (request for records describing all queries that may be performed on NADDIS, specifically "1. records describing any and all queries that may be performed on NADDIS, including but not limited to: a. the "Subject and Alias Name Query" or QNME query; b. the QDOI query for partial records; c. the query for the full NADDIS display; d. queries limiting the results to, e.g. reference files, the complete documents in the IFRS, electronic communications, Other Government Agency (OGA) records, or any other NADDIS datasets that may be queried.) Sent by Certified Mail No. 7009 180 0001 9129 2694. No response by DEA (sent with the requests of August 20, 2010; August 22, 2010 described below. Only the August 22, 2010 request was acknowledged and assigned a tracking number).

August 20, 2010 (no tracking number assigned) (request for complete NADDIS record of William Leonard Pickard, specifically: "1. any and all NADDIS records from the inception of he NADDIS record (NADDIS 21202); 2. the basic, partial and full NADDIS display record; 3. any and all results that may be obtained from all queries of NADDIS that may be performed, including but not limited to: a. the "Subject and Alaias Name Query" or "QNME" for basic records; b. the QDOI query for partial records; c. the query for the full NADDIS display; d. queries displaying the result of, e.g. reference files, the abstracts or summaries of documents in the IFRS, electronic communications, and Other Government Agency (OGA) records, and any and all other NADDIS datasets that may be queried.") Sent by Certified Mail No. 7009 1680 0001 9129 2694. No response by DEA.

August 22, 2010 (Req. No. 10-00857-F) (request for NADDIS records of Operation White Rabbit, Operation White Rabbit East, and Operation Flashback, specifically: "1. any and all NADDIS records resulting from a "QDOI" search of NADDIS utilizing the search terms: a. Operation White Rabbit; b. Operation White Rabbit East; c. Operation Flashback.") Sent by Certified Mail No. 7009 1680 0001 9129 2694 (together with the August 20, 2010 request for NADDIS records of WIlliam Leonard Pickard, see above where no tracking numbers were assigned). DEA assigned tracking number on September 1, 2010. No further response by DEA.

August 23, 2010 (Req. No. 10-00856-F) (request for NADDIS record of businesses associated with Gordon Todd Skinner, e.g. Gardner Springs, Inc., specifically: "1. any and all NADDIS records resulting from a "QDOI" search of NADDIS utilizing the following search terms for businesses in Tulsa, Oklahoma: a. Gardner Industries, Inc.; b. Gardner Springs, Inc.; c. Skinner Industries, Inc.; d. GTCO, Inc.") Sent by Certified Mail No. 7009 1680 0001 9129 2694. DEA assigned tracking number on September 1, 2010. No further response by DEA.

August 28, 2010 (no tracking number assigned) (request for the operating manual or equivalent for the Multisource Query System (MSQ).) Sent by Certified Mail No. 7009 1680 0001 9129 2687. No response by DEA.

August 29, 2010 (no tracking number assigned) (request for the operating manual or equivalent for the Confidential Source System (CSS).) Sent by Certified Mail No. 7009 1680 0001 9129 2687. No response by DEA.

August 30, 2010 (no tracking number assigned) (request for Central Reference System printouts on Willliam Leonard Pickard, specifically "1. printouts of screen displays of any and all indices indicating responsive records in the Central Reference System (CRS).") Sent by Certified Mail No. 7009 1680 0001 9129 2687. No response by DEA.

September 20, 2010 (no tracking number assigned) (request for records of Operation Flashback pertaining to Willilam Leonard Pickard, specifically: "1, any and all records concerning Operation Flashback (DEA SEP-581) including but not limited to: 2. records concerning Operation Flashback in the Investigative Filing and Reporting System, Operations, and Planning and Inspection Division System of Records; printouts of the screen displays of the indices pointing to the relevant records.") Sent by Certified Mail No. 7009 1680 0001 9129 2687. No response by DEA.

October 14, 2010 (no tracking number assigned) (request for records of death of Paul Hulebak in the presence of Gordon Todd Skinner specifically: "1. the audit detail report for Hulebak's NADDIS, listing total hits and sorted by date.") Sent by Certified Mail No. 7009 1680 0001 9129 2649. No response by DEA.

October 15, 2010 (no tracking number assigned) (request for records of death of Paul Hulbak in the presence of Gordon Todd Skinner, specifically: "1. the 'autopsy findings and a copy of Hulebak's obituary' as noted in File No. M4-97-2005 (DEA ROI re: Death of Paul Hulebak) dated 01/28/00.") Sent by Certified Mail No. 7009 1680 0001 9129 2649. No response by DEA.

October 16, 2010 (no tracking number assigned) (request for serialization of case file number BB-01-0007, specifically: "1. a 'QSER' search of NADDIS for case file number BB-01-0007 (see DEA Agents Manual Sec. 6233.2 'Serialization of Indexed Names'.) Sent by Certified Mail No. 7009 1680 0001 9129 2649. No response by DEA.

October 17, 2010 (no tracking number assigned) (notice of prior unanswered requests previously sent, specifically: "1. a series of four (4) requests was made to DEA by Certified Mail Number 7009 1680 0001 9129 2649. Although DEA assigned tracking numbers to two of the requests (10-00867-F, and 10-00856-F), the two remaining requests were not assigned a tracking number (viz. one dated 8/16/10 for records of types of NADDIS queries that may be made; and one dated 8/20/10 for all possible queries of NADDIS for records on the undersigned. Hence, please assign tracking numbers for these requests, copies of which are enclosed.") Sent by new Certified Mail No. 7009 1680 0001 9129 2694. No response by DEA.

October 21, 2010 (no tracking number assigned) (request for audit detail of queries to NADDIS for NADDIS #2002804.) No response by DEA.

October 25, 2010 (no tracking number assigned) (request for the NADDIS record printout resulting from a QDOI search of NADDIS for NADDIS #2002804.) No response by DEA.

October 30, 2010 (no tracking number assigned) (request for all records on William Richard Wynn, specifically: "1. Any and all records, both main and reference, concernng Mr. Wynn, including but not limited to those in: 1. IFRS; 2. Operations; 3. Planning and Inspection; 4. CSS.") This request included an original, signed, notarized DOJ-361 release authorization by Mr. Wynn. Sent by Certified Mail No. 7009 1680 0001 9129 4445. The mailing included: a.) the requests for the NADDIS of Wiliam Wynn; b. the "all records" request on Mr. Wynn; c. a request for the redacted "Remarks" section of the NADDIS on William Leonard Pickard; and d. selected complete files pointed to by NADDIS on William Leonard Pickard. No response by DEA.

October 31, 2010 (no tracking number assigned) (request for blank DEA-512 form, specifically "A copy of a blank DEA-512 (Confidential Source Establishment Form).) DEA did not respond, but on July 1, 2011 released a current, blank DEA-512 form.

November 1, 2010 (no tracking number assigned) (renewal of April 14, 2010 request (attached) pertaining to William Leonard Pickard, specifically: "Any and all records relating to Operation Flashback (DEA SEP-581) described in the attached April 14, 2010 request previously sent to DEA by certified mail #7009 1680 0001 9129 1406.") No response by DEA.

November 2, 2010 (no tracking number assigned) (request for redacted section of "Remarks" section of NADDIS on William Leonard Pickard and the files to which this section pointed, specifically: "1. in the 'Remarks' section of the NADDIS record (NADDIS 21202), an unredacted copy of lines 25 through 26 and lines 46 through 54; 2. copies of all records in the IFRS to which entries in this section point.") Sent by Certified Mail No. 7009 1680 0001 9129 4445. No response by DEA.

November 3, 2010 (no tracking number assigned) (request for IFRS records to which "Remarks" section of NADDIS for William Leonard Pickard pointed.) Sent by Certified Mail No. 009 1680 0001 9129 4445. No response by DEA.