Case Detail

FOIA Project Annotation: Judge Dabney Friedrich has ruled that the Department of Treasury's Financial Crimes Enforcement Network conducted an adequate search for records concerning communications between FinCEN and the Government of Andorra or the Government of Spain after FinCEN imposed an anti-money laundering measure against Banca Privada d'Andorra and properly withheld records under Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 7(D) (confidential sources), and Exemption 5 (privileges). The request was made by Eric Lewis, an attorney who had represented BPA in a lawsuit against FinCEN. The agency located 528 pages, releasing six pages with redactions and withholding the remaining 522 pages. FinCEN conducted a second search, yielding 1,399 potentially responsive pages. The agency withheld 902 pages in full and disclosed 61 pages with redactions. Lewis argued that FinCEN had not shown that the records were compiled for law enforcement purposes. Friedrich disagreed, noting that "FinCEN's assertion that the records were created for various investigations â€" either its own enforcement actions or criminal actions in other jurisdictions â€" establishes a 'rational nexus' between its basis for compiling the records and its statutory law enforcement duties. . .Exemption 7 applies not only to domestic law enforcement purposes, but also to foreign law enforcement purposes. Information that FinCEN gathered to aid foreign law enforcement therefore still falls under the threshold inquiry because a connection exists between this information and FinCEN's statutory law enforcement duties." Friedrich pointed out that "while FinCEN is indeed a 'mixed function agency,' agencies that have both civil and criminal enforcement duties still can invoke Exemption 7 as long as they are compiled for law enforcement purposes." She observed that "contrary to Lewis' suggestion, FinCEN need not identify a particular individual or incident as the object of its investigation." Turning to Exemption 7(A), Friedrich pointed out that "for the purposes of Exemption 7(A), it makes no difference that disclosure would obstruct the law enforcement proceedings of a foreign agency rather than a domestic one." Lewis argued that Exemption 7(A) did not apply because some of the investigations were now closed. But Friedrich noted that "BPA's alleged activity involved investigations in a number of jurisdictions, and BPA's knowledge that some law enforcement actions have concluded does not preclude the existence of ongoing, confidential investigations in other jurisdictions." She agreed that FinCEN had divided its Exemption 7(A) withholdings into four functional categories that appropriately showed why disclosure would interfere with an ongoing investigation. Lewis challenged the agency's withholding of entire records under Exemption 7(D). But Friedrich indicated that "permitting FinCEN to withhold the entirety of these documents does not mean that an agency can withhold all information furnished by confidential sources, regardless of whether it was provided in the course of a criminal investigation. Exemption 7(D) 'applies to all information that would tend to reveal a source's identity,' not just to information that directly names a confidential source. FinCEN has demonstrated that, based on the specific facts at issue here, disclosing any information contained in the documents would reveal the identity of confidential sources. . ."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 7 - Threshold, Exemption 7(A) - Categorical exemption

Date Filed	Doc #	Docket Text
2017-05-18	1	COMPLAINT against FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY ( Filing fee $ 400 receipt number 0090-4957987) filed by ERIC L. LEWIS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Civil Cover Sheet, # 14 Summons Treasury, # 15 Summons FinCEN)(Toomey, Anne) (Entered: 05/18/2017)
2017-05-18		Case Assigned to Judge Colleen Kollar-Kotelly. (jd) (Entered: 05/19/2017)
2017-05-19	2	NOTICE of Appearance by Manuel S. Varela on behalf of ERIC L. LEWIS (Varela, Manuel) (Main Document 2 replaced on 5/22/2017) (znmw). (Entered: 05/19/2017)
2017-05-19	3	SUMMONS (2) Issued Electronically as to FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY. (Attachment: # 1 Consent Forms)(jd) (Entered: 05/19/2017)
2017-05-19		SUMMONS Not Issued as to U.S. Attorney for the District of Columbia and U.S. Attorney General(jd) (Entered: 05/19/2017)
2017-05-22	4	ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on May 22, 2017. (NS) (Entered: 05/22/2017)
2017-05-25	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FINANCIAL CRIMES ENFORCEMENT NETWORK served on 5/22/2017; U.S. DEPARTMENT OF THE TREASURY served on 5/25/2017 (Toomey, Anne) (Entered: 05/25/2017)
2017-05-25	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/23/2017. (Toomey, Anne) (Entered: 05/25/2017)
2017-05-25	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/23/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/22/2017. (Toomey, Anne) (Entered: 05/25/2017)
2017-06-12	8	NOTICE of Appearance by Marina Utgoff Braswell on behalf of FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY (Braswell, Marina) (Entered: 06/12/2017)
2017-06-19	9	NOTICE OF SUBSTITUTION OF COUNSEL by Robin Frances Thurston on behalf of All Defendants Substituting for attorney Marina Braswell (Thurston, Robin) (Entered: 06/19/2017)
2017-06-22	10	ANSWER to Complaint by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY.(Thurston, Robin) (Entered: 06/22/2017)
2017-06-26	11	ORDER. The parties shall MEET AND CONFER and file a Joint Status Report by July 10, 2017. Signed by Judge Colleen Kollar-Kotelly on 6/26/2017. (lcckk3) (Entered: 06/26/2017)
2017-06-26		Set/Reset Deadlines: Meet & Confer Statement due by 7/10/2017. (dot) (Entered: 06/27/2017)
2017-07-10	12	Joint STATUS REPORT by ERIC L. LEWIS. (Toomey, Anne) (Entered: 07/10/2017)
2017-07-11	13	NOTICE OF SUBSTITUTION OF COUNSEL by Daniel J. Halainen on behalf of All Defendants Substituting for attorney Robin Thurston (Halainen, Daniel) (Entered: 07/11/2017)
2017-07-11	14	SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 7/11/2017. (lcckk3) (Entered: 07/11/2017)
2017-07-11		Set/Reset Deadlines: Plaintiff's Cross Motion due by 9/18/2017. Response to Cross Motion due by 10/2/2017. Reply to Cross Motion due by 10/16/2017. Defendants' Summary Judgment motion due by 8/28/2017. Response to Motion for Summary Judgment due by 9/18/2017. Reply to Motion for Summary Judgment due by 10/2/2017. Vaughn Index due by 8/7/2017. (dot) (Entered: 07/14/2017)
2017-08-24	15	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Halainen, Daniel) (Entered: 08/24/2017)
2017-08-25		MINUTE ORDER. The Court is in receipt of Defendants' 15 Unopposed Motion for Extension of Time. Defendants request a four day extension, from August 28, 2017 to September 1, 2017, to file their motion for summary judgment because they need additional time to release documents to Plaintiff and to consult with other agencies. This is the first request for an extension in this case and Plaintiff does not oppose it. However, as Defendants note, the request is not timely. The Order Establishing Procedures in this case states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." ECF No. 4 at 3. The Court will GRANT Defendants' motion, but expects any future motions for extensions to be timely filed. Defendants shall file their Motion for Summary Judgment by SEPTEMBER 1, 2017. Plaintiff shall file its Opposition to Defendants' Motion for Summary Judgment and its Cross-Motion for Summary Judgment by SEPTEMBER 22, 2017. Defendants shall file their Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment and their Opposition to Plaintiff's Cross-Motion for Summary Judgment by OCTOBER 6, 2017. Plaintiff shall file a Reply in support of its Cross-Motion for Summary Judgment by OCTOBER 20, 2017. Signed by Judge Colleen Kollar-Kotelly on 8/25/2017. (lcckk3) (Entered: 08/25/2017)
2017-08-25		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 9/1/2017; Plaintiff's Opposition to Defendants' Motion for Summary Judgment and its Cross-Motion for Summary Judgment due by 9/22/2017; Defendants' Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment and their Opposition to Plaintiff's Cross-Motion for Summary Judgment due by 10/6/2017; Plaintiff's Reply in support of its Cross-Motion for Summary Judgment due by 10/20/2017. (kt) (Entered: 08/25/2017)
2017-09-01	16	MOTION for Summary Judgment by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Index of Exhibits, # 5 El-Hindi Declaration)(Halainen, Daniel) (Entered: 09/01/2017)
2017-09-22	17	Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment by ERIC L. LEWIS (Attachments: # 1 Memorandum in Support of Cross Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment, # 2 Statement of Facts, # 3 Declaration of Manuel S. Varela, # 4 Exhibit A to Varela Declaration, # 5 Exhibit B to Varela Declaration, # 6 Exhibit C to Varela Declaration, # 7 Exhibit D to Varela Declaration, # 8 Exhibit E to Varela Declaration, # 9 Text of Proposed Order on Cross Motion, # 10 Text of Proposed Order on Opposition)(Toomey, Anne) (Entered: 09/22/2017)
2017-09-22	18	Memorandum in opposition to re 16 MOTION for Summary Judgment filed by ERIC L. LEWIS. (See Docket Entry 17 to view document). (znmw) (Entered: 09/25/2017)
2017-10-06	19	REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Declaration, # 2 Statement of Facts)(Halainen, Daniel) (Entered: 10/06/2017)
2017-10-06	20	Memorandum in opposition to re 17 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Declaration, # 2 Statement of Facts)(Halainen, Daniel) (Entered: 10/06/2017)
2017-10-20	21	REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by ERIC L. LEWIS. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Toomey, Anne) (Entered: 10/20/2017)
2017-12-05		Case directly reassigned to Judge Dabney L. Friedrich. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 12/05/2017)
2018-06-01	22	NOTICE by ERIC L. LEWIS (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Toomey, Anne) (Entered: 06/01/2018)
2018-07-02	23	MEMORANDUM OPINION AND ORDER denying without prejudice 16 Defendants' Motion for Summary Judgment and 17 Plaintiff's Cross Motion for Summary Judgment. By July 30, 2018, the defendants shall provide to the plaintiff any clarifications or supplements to the El-Hindi declarations and Vaughn Index; thereafter, the parties shall confer and propose a schedule for further proceedings to be filed on or before August 10, 2018. See memorandum opinion and order for details. Signed by Judge Dabney L. Friedrich on July 2, 2018. (JK) (Entered: 07/02/2018)
2018-07-02		Set/Reset Deadlines: Proposed schedule for further proceedings due by 8/10/2018. (JK) (Entered: 07/02/2018)
2018-07-27	24	MOTION for Scheduling Order by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Exhibit)(Halainen, Daniel). Added MOTION to Vacate on 7/27/2018 (tth). (Entered: 07/27/2018)
2018-07-27		NOTICE OF ERROR re 24 Motion for Scheduling Order; emailed to daniel.j.halainen@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please do not refile. For future filings, please docket two-part pleadings. (ztth, ) (Entered: 07/27/2018)
2018-08-10	25	Memorandum in opposition to re 24 MOTION for Scheduling Order MOTION to Vacate filed by ERIC L. LEWIS. (Toomey, Anne) (Entered: 08/10/2018)
2018-08-10	26	PROPOSED BRIEFING SCHEDULE Plaintiff's Proposed Schedule for Further Proceedings by ERIC L. LEWIS (Toomey, Anne) Modified event title on 8/13/2018 (znmw). (Entered: 08/10/2018)
2018-08-10	27	STATUS REPORT by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY. (Halainen, Daniel) (Entered: 08/10/2018)
2018-08-10		MINUTE ORDER. Upon consideration of the defendants' 24 Motion for Scheduling Order and to Vacate Pending Deadlines, and the plaintiff's opposition, it is ORDERED that (1) the defendants shall complete a new search responsive to the plaintiff's complaint on or before August 29, 2018; (2) the parties shall submit a joint status report on or before September 4, 2018 that proposes a schedule for further proceedings; and (3) the defendants shall preserve all documents processed and withheld as result of the original search. Signed by Judge Dabney L. Friedrich on August 10, 2018. (JK) (Entered: 08/10/2018)
2018-08-10		Set/Reset Deadlines/Hearings: Defendant's new search responsive to the plaintiff's complaint due by 8/29/2018. Status Report due by 9/4/2018. (jl) (Entered: 08/13/2018)
2018-08-29	28	NOTICE of Change of Address by Anne Katherine Toomey (Toomey, Anne) (Entered: 08/29/2018)
2018-09-04	29	Joint STATUS REPORT by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY. (Halainen, Daniel) (Entered: 09/04/2018)
2018-09-05		MINUTE ORDER. Upon consideration of the parties' 29 Joint Status Report, it is ORDERED that on or before September 25, 2018, the defendants shall (1) process and issue a new final determination for the 104 documents that were previously withheld, including the release of any documents no longer subject to withholding under exemption 7(A) based on the the current status of investigations, and (2) review the 986 recently identified documents to determine the volume of potentially responsive documents. It is further ORDERED that on or before October 2, 2018, the parties shall submit a joint status report proposing a schedule for further proceedings, including the processing of any remaining responsive records. Signed by Judge Dabney L. Friedrich on September 5, 2018. (JK) (Entered: 09/05/2018)
2018-10-02	30	Joint STATUS REPORT by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY. (Halainen, Daniel) (Entered: 10/02/2018)
2018-10-03		MINUTE ORDER. Upon consideration of the parties' 30 Joint Status Report, it is ORDERED that on or before October 9, 2018 the defendant shall produce any of the 104 documents previously withheld that are no longer subject to withholding under exemption 7(A) or any other FOIA exemption. It is further ORDERED that on or before January 9, 2018, the defendants shall process the 1,345 potentially responsive documents identified and shall produce to the plaintiff any responsive, non-exempt records subject to the FOIA. Within seven days of the completion of processing, the parties shall meet and confer and submit a joint status report on or before January 16, 2018, updating the Court as to what additional proceedings are necessary. Signed by Judge Dabney L. Friedrich on October 3, 2018. (lcdlf1) (Entered: 10/03/2018)
2018-10-16	31	NOTICE of Change of Address by Daniel J. Halainen (Halainen, Daniel) (Entered: 10/16/2018)
2018-12-27	32	Unopposed MOTION to Stay in Light of Lapse of Appropriations by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Text of Proposed Order)(Halainen, Daniel) (Entered: 12/27/2018)
2018-12-27		MINUTE ORDER granting the defendant's 32 Motion for a Stay of Processing and Status Report Deadlines in Light of Lapse of Appropriations. Accordingly, it is ORDERED that this case is STAYED until Congress has restored appropriations to the Department of Justice. It is further ORDERED that the defendants shall promptly notify the Court as soon as appropriations are restored, and at that time the parties shall file a joint status report proposing a revised schedule for the processing of records responsive to the plaintiffs' FOIA request. Signed by Judge Dabney L. Friedrich on December 27, 2018. (lcdlf1) (Entered: 12/27/2018)
2019-01-28	33	NOTICE of Restoration of Appropriations by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY (Halainen, Daniel) (Entered: 01/28/2019)
2019-01-29	34	Joint STATUS REPORT by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY. (Halainen, Daniel) (Entered: 01/29/2019)
2019-01-30		MINUTE ORDER adopting the proposal in the parties' 34 Joint Status Report. Accordingly, it is ORDERED that the defendants shall process the 1,345 potentially responsive documents identified and shall produce to the plaintiff any responsive, non-exempt records subject to FOIA. It is further ORDERED that the parties shall meet and confer and file a joint status report on or before February 21, 2019 updating the Court as to what additional proceedings, if any, are necessary. Signed by Judge Dabney L. Friedrich on January 30, 2019. (lcdlf1) (Entered: 01/30/2019)
2019-02-21	35	Joint STATUS REPORT by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY. (Halainen, Daniel) (Entered: 02/21/2019)
2019-02-22		MINUTE ORDER. In light of the parties' 35 Joint Status Report, it is ORDERED that (1) the defendants shall file a Vaughn index, motion for summary judgment, and any supporting declarations on or before April 18, 2019, (2) the plaintiff shall file a consolidated opposition and cross-motion for summary judgment on or before May 20, 2019, (3) the defendant shall file a consolidated opposition and reply on or before June 19, 2019, and (4) the plaintiff shall file a reply on or before July 3, 2019. Signed by Judge Dabney L. Friedrich on February 22, 2019. (lcdlf1) (Entered: 02/22/2019)
2019-04-18	36	MOTION for Summary Judgment by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY (Attachments: # 1 Memorandum in Support, # 2 Declaration of Jamal El-Hindi (Third), # 3 Statement of Facts, # 4 Text of Proposed Order)(Halainen, Daniel) (Entered: 04/18/2019)
2019-05-20	37	Cross MOTION for Summary Judgment by ERIC L. LEWIS (Attachments: # 1 Memorandum in Support Memorandum in Support of Plaintiff's Cross Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment, # 2 Statement of Facts Plaintiff's Response to Defendants' Statement of Facts As To Which There is No Genuine Dispute and Plaintiff's Statement of Material Facts As To Which There is No Genuine Dispute, # 3 Declaration of Manuel S. Varela, # 4 Exhibit A-Declaration of Emilio Renedo Herranz, # 5 Exhibit B-Declaration of Jesus Jimenez Naudi, # 6 Exhibit C-Lewis Release, # 7 Exhibit D-Response Letter, # 8 Exhibit E-Release Letter, # 9 Text of Proposed Order Proposed Order re: Cross Motion, # 10 Text of Proposed Order Proposed Order re Opposition to Defendants' MSJ)(Toomey, Anne) (Entered: 05/20/2019)
2019-05-20	38	Memorandum in opposition to re 36 MOTION for Summary Judgment filed by ERIC L. LEWIS. (Attachments: # 1 Statement of Facts Plaintiff's Response to Defendants' Statement of Material Facts As To Which There is No Genuine Dispute and Plaintiff's Statement of Material Facts As To Which There is No Genuine Dispute, # 2 Declaration of Manuel S. Varela, # 3 Exhibit A-Declaration of Emilio Renedo Herranz, # 4 Exhibit B-Declaration of Jesus Jimenez Naudi, # 5 Exhibit C-Lewis Release, # 6 Exhibit D-Response Letter, # 7 Exhibit E-Release Letter, # 8 Text of Proposed Order Text of Proposed Order re Opp. to MSJ)(Toomey, Anne) (Entered: 05/20/2019)
2019-06-19	39	Memorandum in opposition to re 37 Cross MOTION for Summary Judgment filed by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Declaration of Jamal El-Hindi, # 2 Statement of Facts (Response))(Halainen, Daniel) (Entered: 06/19/2019)
2019-06-19	40	REPLY to opposition to motion re 36 MOTION for Summary Judgment filed by FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Declaration of Jamal El-Hindi, # 2 Statement of Facts (Response))(Halainen, Daniel) (Entered: 06/19/2019)
2019-07-03	41	REPLY to opposition to motion re 37 Cross MOTION for Summary Judgment Reply In Support Of Plaintiff's Cross Motion For Summary Judgment filed by ERIC L. LEWIS. (Toomey, Anne) (Entered: 07/03/2019)
2019-09-13	42	NOTICE OF SUBSTITUTION OF COUNSEL by Nicholas P. Cartier on behalf of FINANCIAL CRIMES ENFORCEMENT NETWORK, U.S. DEPARTMENT OF THE TREASURY Substituting for attorney Daniel Halainen (Cartier, Nicholas) (Entered: 09/13/2019)
2020-04-03	43	ORDER granting the defendants' 36 Motion for Summary Judgment and denying the plaintiff's 37 Cross Motion for Summary Judgment. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on April 3, 2020. (lcdlf3) (Entered: 04/03/2020)
2020-04-03	44	MEMORANDUM OPINION regarding the defendants' 36 Motion for Summary Judgment and denying the plaintiff's 37 Cross Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on April 3, 2020. (lcdlf3) (Entered: 04/03/2020)
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