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CREW: SEC: Regarding Destroyed Investigation Files: 9/25/2013 - Response - 9-25-13 (11-11116-FOIA)

CREW: SEC: Regarding Destroyed Investigation Files: 9/25/2013 - Response - 9-25-13 (11-11116-FOIA)

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Published by CREW
Citizens for Responsibility and Ethics in Washington (CREW) filed a Freedom of Information Act request with the Securities and Exchange Commission (SEC) seeking records explaining or describing the SEC’s reasons for not proceeding with closed preliminary investigations, including Matters Under Inquiry (MUI), related to Bernie Madoff, Goldman Sachs’ trading in AIG credit default swaps, financial fraud at Wells Fargo and Bank of America, and insider trading at Deutsche Bank, Lehman Brothers, and SAC Capital.
Citizens for Responsibility and Ethics in Washington (CREW) filed a Freedom of Information Act request with the Securities and Exchange Commission (SEC) seeking records explaining or describing the SEC’s reasons for not proceeding with closed preliminary investigations, including Matters Under Inquiry (MUI), related to Bernie Madoff, Goldman Sachs’ trading in AIG credit default swaps, financial fraud at Wells Fargo and Bank of America, and insider trading at Deutsche Bank, Lehman Brothers, and SAC Capital.

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Published by: CREW on Sep 25, 2013
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07/26/2014

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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
STATION PLACE100 F STREET, NEWASHINGTON, DC 20549-2736Office of FOIA Services
 September 25, 2013Ms. Anne WeismannCREW1400 Eye Street, N.W.Suite 450Washington, DC 20005Re: Freedomof Information Act (FOIA), 5 U.S.C. § 552Request No. 11-11116-FOIADear Ms. Weismann: This letter is our final response to your requestdated September 14, 2011, and received in this office onSeptember 20, 2011, for “all records explaining ordescribing in any way the SECs reasons for not proceedingwith any closed preliminary investigations, including butnot limited to Matters Under Inquiry (“MUI”), of: BernardL. Madoff; Goldman Sachs trading in AIG credit defaultswaps in 2009; financial fraud at Wells Fargo and Bank oAmerica in 2007 and 2008; and insider trading at DeutscheBank, Lehman Brothers, and SAC Capital.You alsorequested a fee waiver and expedited processing.
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 By letter dated October 19, 2011, we advised you thatyour request was overly broad and burdensome, and as such,it would require placement in our First-In, First-Out(FIFO) complex queue. We also informed you that we wouldbe willing to work with you to re-define or narrow thescope of your request in order to facilitate itsprocessing, and possibly avoid placement in our complexqueue.Several telephone conversations regarding the scope of your request took place over the next week as we workedwith you to fine-tune your request. In an email dated
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By letter dated October 26, 2011, we formally granted your request fora fee waiver, and advised you that your request for expeditedprocessing was still under review because of the potential that yourrequest would require placement in our complex queue.
 
Ms. Anne Weismann 11-11116-FOIASeptember 25, 2013Page TwoOctober 25, 2011, we documented what we understood thescope modifications to be based on our discussions. Onthat same day your colleague, Mr. AdamRappaport, respondedto our email confirming that CREWagreed to narrow thescope of its request to a search of the 250 most recentclosed MUIs (before August 1, 2010), to include a list oall closed preliminary investigations concerning the 7specific entities named in the request. In addition, yourrequest was also amended to include a copy of the SECsOffice of Inspector General report related to destructionof records.Access is granted to the requested Inspector Generalreport, which is identified as Case No. OIG-567. Thisreport has been made publicly available on the SECswebsite located atwww.sec.gov, under our frequentlyrequested FOIA documents. For your convenience, I amproviding the web link to the report:http://www.sec.gov/foia/docs/oig-567.pd.With respect to the remainder of your request, weconsulted with other SEC staff and conducted a thoroughsearch of the SECs various systems of records, but did notlocate or identify any additional information responsive toyour request.If you still have reason to believe that the SECmaintains the type of information you seek, please provideus with additional information, which could prompt anothersearch. Otherwise, we conclude that no additionalresponsive information exists and we consider this requestto be closed. You have the right to appeal the adequacy of our searchand/or finding of no additional responsive information to ourGeneral Counsel, under 5 U.S.C. § 552(a)(6), 17 CFR §200.80(d)(5) and (6). Your appeal must be in writing,clearly marked "Freedomof Information Act Appeal," andshould identify the requested records. The appeal mayinclude facts and authorities you consider appropriate.

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