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Judicial Watch • McKinely Complaint

McKinely Complaint

McKinely Complaint

Page 1: McKinely Complaint

Category:General

Number of Pages:5

Date Created:July 18, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Ashburn, Lafayette, MCKINLEY, determination, appeal, defendants, requests, Global, Pursuant, letter, Virginia, government, defendant, plaintiff, request, records, federal, Washington, district, court, EPA, ICE, CIA


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THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT COLUMBIA 

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

COMMODITY FUTURES 
TRADING COMMISSION, 
Three Lafayette Centre 
1155 21st Street, N.W. 
Washington, 20581, 
and 
SECURITIES AND EXCHANGE 
COMMISSION, 
100 Street, N.E. 
Washington, 20549, 
Defendants. 
___________________________________ 

COMPLAINT 
Plaintiff Vern McKinley brings this action against Defendants Commodity Futures 
Trading Commission (CFTC) and Securities and Exchange Commission (SEC) 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 CFTC agency the U.S. Government and headquartered Three Lafayette Centre, 1155 21st Street, N.W., Washington, 20581. Defendant CFTC has possession, custody, and control records which Plaintiff seeks access. 
Defendant SEC agency the U.S. Government and headquartered 100 Street, NE., Washington, 20549. Defendant SEC has possession, custody, and control records which Plaintiff seeks access. 

STATEMENT FACTS October 31, 2011, the Financial Stability Oversight Council (FSOC) met discuss developments regarding Global. this meeting, Gary Gensler, chairman the CFTC, and Mary Schapiro, chairman the SEC, provided updates the conditions Global. April 24, 2012, Plaintiff submitted FOIA requests the CFTC and the SEC, facsimile and certified mail, seeking access 

copies any and all records concerning this update Global, the discussion the implications for the broader financial system, and any follow contact and discussions public statements. Such records include, but are not limited to, detailed meeting minutes, meeting notes, supporting memoranda, communications, and electronic messages and attachments. 
The CFTC acknowledged receipt Plaintiffs request letter dated April 25, 2012 and assigned the request file number 12-00095-FOIA. The CFTCs 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. letter dated April 25, 2012, the SEC acknowledged receiving Plaintiffs request April 24, 2012 and assigned the request tracking number 12-06708-FOIA. The SECs 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. 

10. May 18, 2012, the SEC provided Plaintiff with interim response his request. informed Plaintiff that had located two-page document and was withholding the documents production pursuant FOIA Exemption Plaintiff subsequently appealed the SECs interim response June 2012. June 11, 2012, Plaintiffs counsel conferred with the SEC. The SEC informed Plaintiffs counsel that administrative appeal was not necessary because final determination had been made. Plaintiff therefore withdrew his administrative appeal. 

11. 
Pursuant U.S.C.  552(a)(6)(A)(i), the CFTC and the SEC were required determine whether comply with Plaintiffs requests within twenty (20) working days after their receipt the requests and notify Plaintiff immediately their determination, the reasons 

therefor, and the right appeal any adverse determination. Accordingly, the determinations the CFTC and the SEC were due May 23, 2012 the latest. 
12. the date this Complaint, the CFTC and the SEC have failed to: (i) determine whether comply with Plaintiffs requests; (ii) notify Plaintiff any such determinations the reasons therefor; (iii) advise Plaintiff the right appeal any adverse determinations; (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. 
13. Because the CFTC and the SEC failed comply with the time limit set forth 
U.S.C. 552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies with respect his requests, pursuant U.S.C. 552(a)(6)(C). 

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

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

16. 
Plaintiff being irreparably harmed reason Defendants unlawful withholding the requested public records, and Plaintiff will continue irreparably harmed unless Defendants are compelled conform their conduct the requirements the law. 

WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendants conduct searches 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 Plaintiffs FOIA requests and Vaughn indices 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 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