Confirmation Code For Office 2007 For 1106
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On January 27, 2010, the EOUSA wrote to Ms. Wilson to advise her that the information sought in her FOIA request for records concerning her criminal complaint was not available and that the records had been referred to the U.S. Department of Justice, Criminal Division, Appellate Section Office of Information and Privacy. The letter further advised Ms. Wilson that she would receive the same response if she requested records concerning any other individual, including her co-defendant, whose records were also being referred. The letter concluded that “[a]ny records that were requested in [Ms. Wilson’s] case have been referred to the appropriate DOJ component and if you wish to receive additional information regarding these records, you may write to the above DOJ component.” (Letter from Larry Meisel to Vivian Wilson, Jan. 27, 2010.)
The Court has found that a referral and consultation process is not a part of the FOIA process. See Acumenics Research, Inc. v. Dept. of Justice, 832 F.2d 800, 803 (4th Cir. 1987). However, the Court also finds that an agency may initiate contact with another agency about a potential referral, in accordance with the procedures detailed above. In this case, the FBI initiated contact with the U.S. Attorneys Office for the Eastern District of Virginia regarding the referral of two responsive documents by the EOUSA. The FBI wrote the letter that initiated the referral on September 21, 2009. It informed the U.S. Attorneys Office that it was referring the two responsive documents, in part, because of the need to protect potential victims. The U.S. Attorneys Office then initiated the referral with the EOUSA on October 1, 2009, and the EOUSA referred the documents to the Division of Investigations, which referred them to the Intelligence Division on October 7, 2009.
The Court finds that the FBI did not violate the FOIA by referring the documents to the U.S. Attorneys Office for the Eastern District of Virginia and that the referral process did not adversely affect FOIA plaintiff. Further, the Court finds that the FBI complied with the referral and consultation process, as defined by the FOIA. As such, the FBI did not withhold the documents in violation of the FOIA.
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