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Judicial Watch • FILEDComplaintAIG7_30



Page 1: FILEDComplaintAIG7_30


Number of Pages:4

Date Created:July 18, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Ashburn, Governors, Reserve, MCKINLEY, determination, Pursuant, responsive, Virginia, defendant, plaintiff, request, records, federal, board, states, Washington, district, court, united, EPA, ICE, CIA

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VERN McKINLEY, 20745 Ashburn Station Place 
Ashburn, Virginia  20147,  
Plaintiff,  Civil Action No.  

20th St. and Constitution Ave., N.W. 
Washington, 20551, 

Plaintiff Vern McKinley brings this action against Defendant Board Governors the 
Federal Reserve System (the Board) compel compliance with the Freedom Information 
Act, U.S.C.  552 (FOIA). grounds therefor, Plaintiff alleges follows: 

JURISDICTION AND VENUE The Court has jurisdiction over this action pursuant U.S.C.  552(a)(4)(B) and U.S.C.  1331. Venue proper this district pursuant U.S.C.  1391(e). 

PARTIES Plaintiff Vern McKinley private citizen residing Ashburn, Virginia. former employee the Board Governors the Federal Reserve, the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, and the Office Thrift Supervision. Since 1999, has served consultant, legal advisor and regulatory policy expert financial 
sector issues for governments the United States, China, Nigeria, Indonesia, Ukraine, 
Kazakhstan, Latvia, the Philippines, Yugoslavia (now Montenegro), Kenya, Eastern Caribbean 
Currency Union, Belarus, Morocco, Sudan, Libya, Afghanistan, Armenia, Kosovo, and Tajikistan. addition, Plaintiff Research Fellow the Independent Institute and author the 
recently-published book Financing Failure: Century Bailouts. Defendant Board Governors the Federal Reserve System (the Board) agency the United States Government and headquartered 20th Street and Constitution Avenue, N.W., Washington, 20551. Defendant has possession, custody, and control records which Plaintiff seeks access. 

STATEMENT FACTS May 15, 2012, Plaintiff submitted FOIA request the Board seeking access 
to: Copies any and all records the Board located the FRBNY 
concerning, regarding, relating the proposition that the 
disorderly failure AIG was likely have systemic effect financial markets that were already experiencing significant level fragility. Such records include, but are not limited to, detailed meeting minutes, meeting notes, supporting memoranda, communications, and electronic messages and attachments. electronic mail dated May 18, 2012, the Board acknowledged receiving Plaintiffs request May 15, 2012 and assigned the request file number F-2012-00375. The Boards acknowledgement letter did not state whether determination comply with the request had been made. Nor did the letter notify Plaintiff any such determination, the reasons therefor, the right appeal any adverse determination. electronic mail dated June 13, 2012, the Board informed Plaintiff that, pursuant U.S.C. 552(a)(6)(B)(i), sought 10-day extension make determination Plaintiffs request. 
Pursuant U.S.C.  552(a)(6)(A)(i), the Board was required determine whether comply with Plaintiffs request within twenty (20) working days after its receipt the request and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. However, because the Board sought extension pursuant U.S.C. 552(a)(6)(B)(i), its determination was ultimately due June 27, 2012 the latest. the date this Complaint, the Board has failed to: (i) determine whether comply with Plaintiffs request; (ii) notify Plaintiff any such determination the reasons therefor; (iii) advise Plaintiff the right appeal any adverse determination; (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. 

Because the Board has failed comply with the time limits set forth U.S.C. 552(a)(6)(A) and U.S.C. 552(a)(6)(B)(i), Plaintiff deemed have exhausted any and all administrative remedies with respect its request, pursuant U.S.C. 552(a)(6)(C). 

(Violation FOIA, U.S.C.  552) 

11. Plaintiff realleges paragraphs through fully stated herein. 
Defendant unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552. 

Plaintiff being irreparably harmed reason Defendants unlawful withholding the requested public records, and Plaintiff will continue irreparably harmed unless Defendant compelled conform its conduct the requirements the law. 

WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant conduct search for any and all records responsive Plaintiffs FOIA request and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA request; (2) order Defendant produce, date certain, any and all non-exempt records responsive Plaintiffs FOIA request and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and all non-exempt records responsive Plaintiffs FOIA request; (4) grant Plaintiff award attorneys fees and other litigation costs reasonably incurred this action pursuant U.S.C.  552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and proper. Dated: July 18, 2012 Respectfully submitted, 
/S/ Paul Orfanedes 
D.C. Bar No. 429716 JUDICIAL WATCH, INC. 425 Third Street, S.W., Suite 800 Washington, 20024 
(202) 646-5172 
Attorneys for Plaintiff