Operation Broader Sword
| Tracking # |
A-2025-00385 2024-8344 24-00644-F A-2024-01365 24-00644-F A-2024-01365 24-00644-F |
| Submitted | March 21, 2024 |
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Communications
From: Tekendra Parmar
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
1) Any documents including but not limited to seizure records, arrest records, contracts, reports, intelligence briefings regarding "Operation Broader Sword" between January 1st 2021 and the date this request is full-filled.
2) Correspondences between the Drug Enforcement Administration (DEA) and India’s Directorate of Revenue Intelligence (DRI), and the US Food and Drug Administration (FDA), Customs and Border Protection (CBP), Homeland Security Investigations (HSI) and US Postal Inspection Service (USPIS) regarding "Operation Broader Sword" between January 1st 2021 and the date this request is full-filled.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Tekendra Parmar
From: Drug Enforcement Administration
Dear Tekendra Parmar,
The status of your FOIA request #24-00644-F has been updated to the following status 'Received'. To log into the DEA Public Access Link click on the Application URL below.
Sincerely,
DEA
From: Drug Enforcement Administration
Dear Tekendra Parmar,
Case Number 24-00644-F has been assigned to the request you submitted. In all future correspondence regarding this request please reference case number 24-00644-F.
Regards,
DEA
From: Drug Enforcement Administration
Dear Tekendra Parmar,
The status of your FOIA request #24-00644-F has been updated to the following status 'In Process'. To log into the DEA Public Access Link click on the Application URL below.
Sincerely,
DEA
From: Drug Enforcement Administration
Dear Tekendra Parmar: Please see the attached response to your Freedom of Information Act/Privacy Act (FOIA/PA) request 24-00644-F. If you have any questions, please contact our FOIA Requester Service Center at (571) 776-2300. Sincerely,
FOIA/PA Unit
FOIA & Information Law Section
Office of Chief Counsel
Drug Enforcement Administration PRIVACY ACT NOTICE: This e-mail (including any attachments herein) may contain personal andprivileged information that requires protection in compliance with the PrivacyAct of 1974 (5 U.S.C. § 552a). Any useof this information by anyone other than the intended recipient is prohibited. If you have received this communication inerror, please immediately delete all copies of this information and notify meby e-mail. The use, dissemination,distribution, or reproduction of this communication by unintended recipients is not authorized and may be unlawful.
From: Drug Enforcement Administration
Dear Tekendra Parmar,
The status of your FOIA request #24-00644-F has been updated to the following status 'Closed'. To log into the DEA Public Access Link click on the Application URL below.
Sincerely,
DEA
From: Tekendra Parmar
Dear Director at the Office of Information Policy,
This letter is in reference to FOIA Request #24-00644-F which you closed on March 25th 2024 after a lengthy response suggesting no responsive documents have met the plain letter language of my FOIA request. I believe this request was closed in error and am humbly appealing your judgement.
1) In denying this request your office suggested that the request for correspondences was too broad. However, your response does not indicate that an actual search has occurred. In order to help your team limit your search I am rewriting this search to better help guide your search. I am also available for a call if you would like to discuss further refining this search.
- Emails, letters, and text messages between the Drug Enforcement Administration (DEA) and India’s Directorate of Revenue Intelligence (DRI), and the US Food and Drug Administration (FDA), Customs and Border Protection (CBP), Homeland Security Investigations (HSI) and US Postal Inspection Service (USPIS) mentioning "Operation Broader Sword" between January 1st 2022 and the date this request is full-filled.
I believe this request both specifies types of correspondences, the senders and receivers, and the specific date ranges for which you to search. Operation Broader Sword is a highly publicized operation. (See: https://in.usembassy.gov/u-s-and-india-cooperate-on-operation-broader-sword-to-stop-international-shipments-of-illegal-and-dangerous-drugs-medical-devices/). The DEA's involvement alongside the other agencies has also been highly publicized. (SEE: https://www.thehindubusinessline.com/news/us-india-joint-operation-seizes-500-shipments-of-illicit-prescription-drugs-and-medical-devices/article67053528.ece).
Emails, Text Messages, and Letters sent by public servants in their capacity as public servants are public records. Thus they are FOIA'ble. Retrieving already existing emails, text messages, or letters, is not requesting a new record be created. It is not tantamount to research.
2) The seizure of 500 shipments of contraband has been highly publicized. (SEE: https://www.thehindubusinessline.com/news/us-india-joint-operation-seizes-500-shipments-of-illicit-prescription-drugs-and-medical-devices/article67053528.ece). DEA rules mandate such records be kept for at least two years (SEE: https://www.deadiversion.usdoj.gov/mtgs/researcher_train/conf_2019/feb_2019/barron.pdf).
For this reason, I believe there are in fact responsive documents to the following request:
Any documents including but not limited to seizure records, arrest records, contracts, reports, intelligence briefings regarding "Operation Broader Sword" between January 1st 2022 and the date this request is full-filled.
A reminder that I am a journalist and this information is being requested in the public interest to shed light on the cross-border illicit drug trade impacting US citizens. It is in the public's interest to know about the inflows of such material into the country and therefore I am requesting a waiver of fees.
Lastly, the FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests. The retrieval of already existing documents is not research. It is the FOIA officers job to find responsive public documents to a request or provide specific statute exemptions for why a FOIA request hasn't been completed. This has not happened in this case.
Considering the myriad of media reports about this operation, I believe responsive documents do in fact exist. Please provide a timeline in which you can conduct a reasonable search for these documents.
Thank you for your time. I am available on the following phone number if you'd like to chat more +1 347 770 4163 / +1 347 775 7522.
From: Drug Enforcement Administration
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 21, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2024-01365.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 21, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2024-01365.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 21, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2024-01365.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 21, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2024-01365.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Dear Tekendra Parmar,
The status of your FOIA request #24-00644-F has been updated to the following status 'In Process'. To log into the DEA Public Access Link click on the Application URL below.
Sincerely,
DEA
From: Drug Enforcement Administration
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2024-01365 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
From: Drug Enforcement Administration
Dear Tekendra Parmar,
The status of your FOIA request #24-00644-F has been updated to the following status 'Closed'. To log into the DEA Public Access Link click on the Application URL below.
Sincerely,
DEA
From: Drug Enforcement Administration
Dear Tekendra Parmar:
Please see the attached response to your Freedom of Information Act/Privacy Act (FOIA/PA) request 24-00644-F. If you have any questions, please contact our FOIA Requester Service Center at (571) 776-2300.
Sincerely,
FOIA/PA Unit
FOIA & Information Law Section
Office of Chief Counsel
Drug Enforcement Administration
Telephone: (571) 776-2300
E-mail: DEA.FOIA@dea.gov<mailto:DEA.FOIA@dea.gov>
PRIVACY ACT NOTICE: This e-mail (including any attachments herein) may contain personal and privileged information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). Any use of this information by anyone other than the intended recipient is prohibited. If you have received this communication in error, please immediately delete all copies of this information and notify me by e-mail. The use, dissemination, distribution, or reproduction of this communication by unintended recipients is not authorized and may be unlawful.
From: Tekendra Parmar
Hi there,
It seems you have only completed part of my request. But you haven't provided any documents for the seizure records, arrest records, contracts, reports, intelligence briefings regarding "Operation Broader Sword." Can you tell me if any responsive documents exist? If documents exist, but there are exemptions — please provide the specific exemptions. If any documents are releasable, even if heavily redacted. Please release the redacted records.
All my best,
Tekendra
From: Drug Enforcement Administration
Control number: 2024-8344
Please find the attached acknowledgement regarding your FOIA request. Note: Do NOT reply directly to this E-mail
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 21, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2024-8344.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Good afternoon,
I've been able to determine that the referred materials were assigned to our FOIA staff in the Office of the Commissioner (OC). During an initial review of the referred materials, they determined that some of the records contained equities that belong to agencies other than the FDA. So the OC FOIA staff are working on determining which agencies those records will need to be re-referred to.
As far as the materials that contained FDA equities, OC FOIA staff are currently working to consult with internal subject matter experts on release determinations. At this time they are anticipating being able to issue a response for the FDA equities within the next two to four weeks.
Sincerely,
C.
________________________
Ms. Charis Wilson, PhD, CRM
Denials & Appeals Officer
Office of Management and Enterprise Services
Office of the Commissioner
U.S. Food and Drug Administration
240-402-9116
From: Drug Enforcement Administration
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: U.S. Department of State
**THIS EMAIL BOX IS NOT MONITORED, PLEASE DO NOT REPLY TO THIS EMAIL.** Mr. Parmar: Attached is the response to your subject Freedom of Information Act (FOIA) request, 5 U.S.C. § 552 . If you have any questions regarding your request, please contact our FOIA Requester Service Center or FOIA Public Liaison at FOIAstatus@state.gov or 202-261-8484. **THIS EMAIL BOX IS NOT MONITORED, PLEASE DO NOT REPLY TO THIS EMAIL.**
