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Judicial Watch • Judicial Watch v Board of Governors of the Federal Reserve System 71112

Judicial Watch v Board of Governors of the Federal Reserve System 71112

Judicial Watch v Board of Governors of the Federal Reserve System 71112

Page 1: Judicial Watch v Board of Governors of the Federal Reserve System 71112

Category:General

Number of Pages:6

Date Created:July 11, 2012

Date Uploaded to the Library:February 20, 2014

Tags:71112, Governors, Reserve, federal, board


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  • demand_answers

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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

JUDICIAL WATCH, INC. 425 Third Street, SW, Suite 800 Washington, D.C. 20024, 
Plaintiff, Civil Action No. BOARD GOVERNORS THE FEDERAL RESERVE SYSTEM, 2oh Constitution Ave, Washington, 20551, and FEDERAL OPEN MARKET COMMITTEE, 20th and Street, Washington, 20551 
Defendants. 

COMPLAINT 
Plaintiff Judicial Watch, Inc. brings this action against Defendants Board Governors 
the Federal Reserve System ("Board Governors") and the Federal Open Market Committee 
e'FOMC") compel compliance with the Freedom oflnfonnation Act, U.S.C.  552 ("FOTA"). grounds therefor, Plaintiff alleges follows: 
JURISDICTION AND VENUE 
The Court has jurisdiction over this action pursuant U.S.C.  552(a)(4)(B) and 
Venue proper this district pursuant U.S.C.  139l(e). u.s.c.  1331. 
PARTIES 
Plaintiff Judicial Watch, Inc. ("Plaintiff') non-profit, educational foundation organized under the laws the District Columbia and having its principal place business 425 Third Street, SW, Suite 800, Washington, 20024. Plaintiff seeks promote integrity, transparency, and accountability government and fidelity the rule law. furtherance its public interest mission, Plaintiff regularly requests access the public records federal, state, and local government agencies, entities, and offices, and disseminates its findings the public. 
Defendant Board Governors agency the U.S. Government and headquartered 201h and Constitution Avenue, NW, Washint:,rton DC. Defendant Board Governors has possession, custody, and control certain public records which Plaintiff seeks access. Defendant FOMC agency the U.S. Government and headquartered 20and Street, NW, Washington, DC. Defendant FOMC has possession, custody, and control certain public records which Plaintiff seeks access. 
STATEMENT FACTS January 2012, Plaintiff submitted FOIA request Board Governors and FOIA request FOMC, facsimile and certified mail, seeking access the following public records: 	Any and all communications between (a) the Board Governors the Federal Reserve System ("Board Govemors"), the Federal Open Market Committee ("FOMC") the Federal Reserve Bank New York ("FRBNY") and (b) the European Central Bank ("ECB") about extending the U.S. Dollar-Euro Swap Agreement dated May 10, 2010, amended December 21, 2010 and July 12, 2011, between the FRBNY, acting the direction the FOMC, and the ECB ("the Swap 
Agreement"). The time frame this request from September 2011 through December 2011. 
ii. 	Any and all records identifying, describing, setting forth the reasons justification for the FOMC's November 30, 2011 decision authorizing extension the Swap Agreement through February 2013. 
iii. 	Any request from the ECB initiate swap transaction under the terms the Swap Agreement. The time frame this request from December 2011 through December 31, 2011. 
iv. 	
Any response from the Board Governors, FOMC, the FRBNY request the ECB initiate swap transaction under the terms the Swap Agreement. The time frame this request from December 2011 through Decem her 31, 2011. 	
For each swap transaction entered into between the FRBNY and the ECB between December 2011 and December 31, 2011, provide all records showing: (a) the tenor the transaction; (b) the trade date; (c) the settlement date; (d) the maturity date; (e) the amount extended; (f) the interest rate; (g) the exchange rate; and (h) the amount foreign currency received. 

vi. 	Any and all records identifying, describing, setting forth the identity any bank financial institution and the collateral offered the bank financial institution. The time frame this request from December 2011 through December 31) 2011. letter dated January 2012, Defendant Board Governors acknowledged 
receipt Plaintiffs request January 2012 and notified Plaintiff that had assigned the 
request tracking number F-2012-00163. Since that time, Defendant Board Governors has 
provided further information about the status its response Plaintiff's request. letter dated January 12, 2012, Defendant FOMC acknowledged receipt 
Plaintifrs request January 2012 and notified Plaintiff that had assigned the request tracking 
number 2012-004. letter dated February 2012, Defendant FOMC provided partial response 
Plaintiff's request. Defendant FOMC's letter also stated that Defendant FOMC had identified 
other records that were potentially responsive the request, was collecting and reviewing the records, and would complete its response contact Plaintiff about the status the request before March 30, 2012. 
10. letter dated March 28, 2012, Defendant FOMC again stated that had identified 
records potentially responsive Plaintiffs request and was collecting and reviewing these records. Defendant FOMC's March 28, 2012 letter also stated that Defendant FOMC would endeavor respond the request, part full, before May 25, 2012 and would any case provide update the status the request later than that date. 
11. letter dated May 24, 2012, Defendant FOMC again stated that had identified records potentially responsive Plaintiffs request and was collecting and reviewing these 
records. Defendant FOMC's May 24, 2012 letter also stated that Defendant FOMC would 
endeavor respond the request, part full, before July 27, 2012 and would any case provide update the status the request later than that date. 
12. Pursuant U.S.C.  552(a)(6)(A)(i), Defendants were required detennine 
whether comply with Plaintiff's requests within twenty (20) working days after their receipt the requests January 2012 and notify Plaintiff immediately their detenninations, the reasons therefor, and the right appeal any adverse determinations. Accordingly, Defendants' determinations were due February 2012 the latest. the date this Complaint, Defendants have failed to: (i) determine whether comply with Plaintiff's requests; (ii) notify Plaintiff any such determinations 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. 
14. Because Defendants failed comply with the time limit set forth .S.C.  552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with respect its requests, pursuant U.S.C.  552(a)(6)(C). 
COUNTl 
(Violation FOIA, U.S.C.  552) 

15. Plaintiffrealleges paragraphs through fully stated herein. 
16. 
Defendants are unlawfully withholding public records requested Plaintiff pursuant U.S.C.  552. 

17. 
Plaintiff being irreparably harmed reason Defendants' unlawful withholding the requested public records, and Plaintiff will continue irreparably hanned unless Defendants are compelled confonn their conduct the requirements the law. 

WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants conduct search for any and all records responsive Plaintiffs FOIA requests and demonstrate that they employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA requests; (2) order Defendants produce, date certain, any and all non-exempt records responsive Plaintiff's FOIA requests and Vaughn index any responsive records withheld under claim exemption; (3) enjoin Defendants from continuing withhold any and all non-exempt records responsive Plaintiffs FOIA requests; (4) grant Plaintiff award attomeys' fees and other litigation costs reasonably incun-ed 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 2012 Respectfully submitted, 
JUDICIAL WATCH, INC. 
Isl Paul Orfanedes 
D.C. Bar No. 429716 

425 Third Street, S.W., Suite 800 
Washington, 20024 

(202) 646-5172 

Attorneys for Plaintiff