will provide no information to federal law enforcement agencies except under subpoena. They advise their legal departments believe this position is necessary for protection against civil suit, in the event of an FOI/PA disclosure. 185. In a Racketeer Influenced and Corrupt Organizations investigation involving numerous subjects in an arson-for-profit scheme in which insurance companies are defrauded after the insured property is burned, at least 15 insurance companies, numerous insurance claims adjusting firms, and insurance agents have refused or have been most reluctant to furnish files regarding losses and coverage because of the universal fear that the information furnished could be obtained by the insured in an FOI/PA disclosure which the insured might use against the insurance company or firm in a civil suit. The FBI has been required to obtain federal grand jury subpoenas to secure the desired information, which in every instance caused delay in the investigation. Many of these firms cited widespread news publicity resulting from FOI/PA disclosures as cause for their total lack of confidence that the FBI would maintain information in confidence. 186. A district office of DEA in a southern state reported that during the past two years the majority of motels and hotels in the coastal Georgia area have established a policy of refusing to allow law enforcement officers to even peruse their registration records informally without a subpoena. These businesses indicated that their attitude has been based on a fear of lawsuits emanating from the Freedom of Information Act. DEA, Appendix A. 187. A hotel which is a part of a large nationwide hotel chain refused to furnish information on guests, including foreign visitors, without a subpoena, due to the enactment of the FOI/PA. FBI 8. 188. Numerous hotels and gambling casinos in the State of Nevada, which would formerly furnish information from their records on notel guests and gambling customers during routine investigations, now require a subpoena before they will release any information to the FBI. The reason given by hotel officials is for protection of the hotel in the event the subjects of an investigation bring a lawsuit following an FOI/PA release. FBI 8-9. 5. 189. Department Stores During the course of an investigation, agents sought to review employment records at a department store and were advised that employment records were no longer available because of the PA. Agents also attempted to secure information concerning the subject from two other stores and were advised that this information was not available without a court subpoena. FBI 13. 190. A district office of the DEA in California reported that several national companies like Sears and Penney's in the area have refused to give information regarding former employees who were seeking employment either with DEA or the San Diego County Narcotics Task Force. When asked for the reasons in their change of policy, the stores cited the FOIA. DEA, Appendix A. 6. Hospitals 191. An individual the FBI identified as operating a check-kite scheme with banks in several states had been hospitalized. Investigation determined this individual had initiated his check-kite scheme from a hospital telephone. Nevertheless, hospital officials, citing the FOI/PA, refused to verify his hospitalization or dates of confinement. FBI 8. 7. Airlines 192. In an FBI case an airline company accepted a stolen check for airline passage. When its computers indicated to the ticket agent that the check was stolen, the airline refused to issue the ticket which already had been completed by the ticket agent. During the course of FBI investigation, the airline was requested to surrender the completed but unused ticket as evidence; however, the airline company declined to make the ticket available to the FBI due to the FOI/PA. FBI 6. 8. Oil Companies 193. Because of the FOI/PA, the policy of a major oil company limited the type and amount of information that the company would provide to the FBI regarding an applicant for employment. The personnel clerk for that company advised that, even when an applicant has executed a waiver form, the only information the company will furnish regarding the applicant's employment is verification of employment, dates of employment, position and salary. FBI 13. 9. Public Schools and Universities 194. In an applicant investigation, a waiver was provided the FBI to obtain medical records concerning hospitalization at the health center of an educational institution. The school physician refused to provide any information either to the FBI or to the applicant, even after the latter personally went to the health center to sign a second waiver drawn by the school. The office of the school president told the FBI that the school's refusal to release information was due to the PA. FBI 7-8. 195. The FOIA is hampering the DEA's ability to use its domestic network to proceed with thorough investigations. A DEA resident office in western New York indicated that they received a request from a southern district office for background information from a local university concerning a former student. The admissions department of the university refused to furnish the information, citing the PA. DEA, Appendix A. 196. An Equal Credit Opportunity Act case involved a limited investigation based on a Department of Justice memorandum which directed that 14 former employees of a loan company be identified and interviewed. Citing the PA, the loan company's legal counsel declined to identify to the FBI the 14 former employees. Instead, he had his current employees make personal contact with these 14 individuals to request their permission to release their names to the FBI. This indirect process delayed the investigation for a one-week period. The company was also asked to release loan applications of certain individuals who had been granted loans within the past 18 months. On the basis of the PA, the loan company declined to release these financial documents. FBI 14. 197. During a routine investigation, a Special Agent sought the cooperation of a company's personnel manager to determine a company employee's residence from company records. Citing the restrictions of the PA, the personnel manager would neither confirm the subject's employment with his company nor provide any background information. FBI 12. 198. In a case involving corruption of public officials consideration was being given for change of venue to another city. The local FBI office was requested to review newspaper clipping files to determine the amount of publicity the corruption matter had received. On April 10, 1978, a newspaper editor advised that, in light of the FOI/PA, no information from newspaper clipping files would be made available to the FBI except upon service of a subpoena. FBI 11. 199. The San Juan, Puerto Rico District Office of the DEA reported that its Compliance and Regulatory Affairs Division has occasionally encountered situations where registrants have reluctantly provided information regarding their manufacturing process and procedures. In this area especially, it is essential that full and complete cooperation be maintained between legitimate registrants and DEA. The firms indicate their apprehension is based on a fear that such information could eventually be obtained by their competitors through the FOIA. DEA, Appendix A. 200. In connection with bank fraud matters being investigated in a certain city, an auto dealer refused to furnish time cards of employees because he would violate the PA. FBI 13. 201. The disciplinary board of a state supreme court advised that, because of FOI/PA considerations, all requests for information by the FBI must be in letter form and a release authorization signed by the applicant must be enclosed with the request letter. It was intimated that a written request might not elicit all information if the disclosure could cause difficulties for the board. FBI 15. 202. On alleged privacy grounds, an international union will no longer provide information to law enforcement agencies unless served with a subpoena. FBI 16. 203. As association will no longer provide any information to law enforcement agencies or investigators unless served with a subpoena. This association has in the past assisted the FBI in coverage of aspects of the racing industry. The association has told the FBI that its current restrictive policy is the direct result of FOI/PA legislation. FBI 15. |