The FOIA Files

A Celebration of the Freedom of Information

March 6, 2012: The Exec. Office of U.S. Attorneys Denies the Third-Party Half of My Request

On March 6, 2012  (the date is faintly visible in the upper right hand corner of the letter attached below; it’s clearer in the original) I received a letter from the FOIA division of the Executive Office of the United States Attorneys informing me that one half of my request, “Request Number: 2012-484,” had been denied.

The explanation:

You have requested records concerning a third party (or third parties). Records pertaining to a third party generally cannot be released absent express authorization and consent of the third party, proof that the subject of your request is deceased, or a clear demonstration that the public interest in disclosure outweighs the personal privacy interest and that significant public benefit would result from the disclosure of the requested records. Since you have not furnished a release, death certificate, or public justification for release, the release of records concerning a third party would result in an unwarranted invasion of personal privacy and would be in violation of the Privacy Act, 5 U.S.C. [sec.] 552a. These records are also generally exempt from disclosure pursuant to sections (b) (6) and (b)(7)(C) of the Freedom of Information Act, 5 U.S.C. [sec.] 552.

I decided to not to contest this ruling for the time being and to wait to see what my other request — “12-485: U.S. v. Paul Volkman (public records only)/OHS” — would yield. And, anyway, the letter hadn’t identified who the ” third party (or third parties)” concerned in request “2012-484” were. So how could I request their permission?

US Attorneys FOIA Partial Denial 3.6.12


February 28, 2012: The Exec. Office of U.S. Attorneys Acknowledges Receipt of My Request

On February 28, 2012, I received a letter from the FOIA division of the Executive Office for the U.S. Attorneys in Washington acknowledging that they had received my request. They split my request into two separate files: “12-484: U.S. v. Paul Volkman” and “12-485: U.S. v. Paul Volkman (public records only)/OHS.”

The letter read:

EOUSA makes every effort to process most requests within a month (20 working days). There are some exceptions; for example, Project Requests usually take approximately nine months to process. Requests for “all information about myself in criminal case files” are usually Project Requests. If you have made such a request, you may either write us and narrow your request for specific items, or you may expect that the processing of your request may take nine months from the date of this letter.

There was no indication from this letter (which I have included below), that my request had been deemed a “Project Request.”

US Attorneys FOIA Receipt Notice 2.28.12

August 18, 2011: The List of Exhibits

The list of exhibits admitted into evidence during the trial is sixteen pages long. It was filed with the court — and published on the case’s public docket (accessible for a modest pay-per-page rate via PACER, Public Access to Electronic Court Records) — on August 18, 2011.

Volkman Exhibit List

While this exhibit list was publicly viewable/downloadable, none of the exhibits, themselves, were available. This list was the basis for my long list of specifically requested items (“…pharmacy and DEA drug logs, letters, PowerPoint presentations, videos, prescriptions, pain medication releases, pain management service agreements…”) in my FOIA request letter.

February 1, 2012: The FOIA Request

On February 1, 2012 I sent a FOIA request to Office of the U.S. Attorneys in Washington, D.C.

February 1, 2012

FOIA Staff, BICN Building
600 E Street, N.W., Room 7300
Washington, D.C. 20530-0001

ATTN: Freedom of Information and Privacy Act Officer

Dear FOIA Officer,

Under the Freedom of Information Act, I am requesting access to all exhibits presented in federal case 1:07-cr-00060-SSB-3, “United States of America vs. Paul H. Volkman,” which took place at the U.S. District Courthouse, in Cincinnati, between March 1, 2011 and May 10, 2011. These exhibits were admitted without objection and shown to members of the jury (and observers in the courtroom) during the trial. The case was presented by the office of U.S. Attorney Carter M. Stewart, Southern District of Ohio.

Specifically, I am requesting access to all materials listed in the Exhibit List filed by the government on August 18, 2011 (Doc. # 375), which include applications, inspection reports, licenses to distribute medication, dispensary logs, narcotic and poison record books, pharmacy and DEA drug logs, letters, PowerPoint presentations, videos, prescriptions, pain medication releases, pain management service agreements, physical examination records, medical records, photographs, death certificates, evidence labels, sketches and schematics of the Tri-State office, journal logs, controlled substances logs, emails, lab reports, sign-in sheets, plastic prescription containers, receipts, employee files, signs and notices from the Tri-State clinic, tax forms, patient history questionnaires, insurance reports, autopsy reports, complaints, impounding forms, toxicology reports, patient files, patient sign-in sheets, faxes, items found at patients’ residences, property leases, progress charts, handouts from yoga classes, pain medication explanation forms, and pain diaries. A complete list of exhibits is attached to this letter.

I am an author writing a book about the case. I seek the opportunity to inspect physical items, such as prescription bottles, and receive copies of all other materials (papers, photographs, DVDs, etc.) that can be re-produced. Please notify me if the fees for producing these records exceed $1,000. I agree to pay any fees up to that amount.

If you deny any part of this request, please cite each specific reason justifying your refusal to release the information. Please notify me of appeal procedures available under the law. If you have any questions processing this request, please contact me at [phone number] or

Thank you,

Philip Eil