Grynberg v. U.S. Dep't of Justice

302 F. Supp. 3d 532
CourtDistrict Court, S.D. Illinois
DecidedFebruary 1, 2018
Docket17cv723
StatusPublished
Cited by1 cases

This text of 302 F. Supp. 3d 532 (Grynberg v. U.S. Dep't of Justice) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grynberg v. U.S. Dep't of Justice, 302 F. Supp. 3d 532 (S.D. Ill. 2018).

Opinion

WILLIAM H. PAULEY III, District Judge:

The United States Department of Justice moves for summary judgment dismissing this Freedom of Information Act ("FOIA") action by Jack J. Grynberg and Grynberg Petroleum Company (together, "Grynberg"). Grynberg seeks documents collected by the United States Attorney's Office for the Southern District of New York ("USAO") in connection with its investigation and prosecution of James Giffen. The Government claims that these documents are exempt from production. For the reasons that follow, the Government's motion for summary judgment is granted and this action is dismissed.

BACKGROUND

Grynberg's litigation exploits verge on the legendary. Over the past fifteen years, Grynberg and entities he controls have filed hundreds of lawsuits seeking to recover a 20% stake in a major oil field located in the Caspian Sea near Kazakhstan. See, e.g., In re Grynberg, 223 F.Supp.3d 197, 199 (S.D.N.Y. 2017) (application to conduct discovery for use in a Swiss proceeding); Grynberg v. BP P.L.C., 318 F.R.D. 533, 535-36 (D.D.C. 2016) ; Pricaspian Dev. Corp. v. Total S.A., 2009 WL 4163513 (S.D.N.Y. Nov. 25, 2009). Grynberg has pursued these claims around the globe. In re Grynberg, 223 F.Supp.3d at 199.

In 2003, the Government charged Giffen with violations of the Foreign Corrupt Practices Act alleging that he made payments to senior Kazakh officials and steered oil exploration and development rights in Kazakhstan to a consortium of oil companies. See United States v. Giffen, 326 F.Supp.2d 497, 499-501 (S.D.N.Y. 2004). Those charges included allegations relating to the oil field in which Grynberg claims an interest. See Giffen, 326 F.Supp.2d at 499-500 ; BP P.L.C., 318 F.R.D. at 535. In November 2010, Giffen pled guilty to a single misdemeanor count of willfully failing to supply information regarding foreign bank accounts on his tax returns. (Judgment in a Criminal Case, No. 3-cr-404, ECF No. 214.)

In May 2013, Grynberg submitted a FOIA request to the Department of Justice seeking all of the USAO's files related *535to the Giffen prosecution in this District. (See Declaration of Tricia Francis, ECF No. 48 ("Francis Decl.") Ex. A.) That request was denied. (Francis Decl. Ex. C) In August 2013, Grynberg made a second request, narrowing the scope to: (1) public records; (2) corporate records; and (3) bank records. (Francis Decl. Ex. G.) In October 2013, the USAO conducted a preliminary search and concluded that it had no responsive documents. (Francis Decl. Ex. K.) Grynberg appealed, and the Office of Information Policy remanded his FOIA request back to the USAO for an additional search. (Francis Decl. Exs. N, O.)

While that review on remand was underway, in September 2015, Grynberg further cabined his request to: (1) bank records; (2) records from British Petroleum ("BP"), and (3) court transcripts. (Francis Decl. Ex. R.) Between December 2015 and November 2016, the USAO searched intermittently for responsive documents. (Francis Decl. ¶ 33.)

In October 2016, Grynberg filed this lawsuit in the United States District Court for the District of Colorado, alleging that the Government was wrongfully withholding the requested documents. (Compl. ¶ 20). The Colorado District Judge ordered an initial review and production of certain documents, and thereafter granted the parties' request to transfer the case to this Court. (Order, ECF No. 26.)

Subsequently, the Government conducted a broad review of approximately 230 bankers' boxes containing documents collected during the Giffen prosecution. (Francis Decl. ¶ 44.) Documents not identified as exempt under FOIA on an initial review were scanned and logged into a 300-page index. (Francis Decl. ¶ 45.) Later, on closer examination, the Government determined that the majority of the logged documents were exempt. (Francis Decl. ¶ 46-47.) It therefore withheld all documents except publicly available records. (Francis Decl. Exs. U, V.)

LEGAL STANDARD

"Summary judgment is the procedural vehicle by which most FOIA actions are resolved." N.Y. Times v. U.S. Dep't of Justice, 101 F.Supp.3d 310, 317 (S.D.N.Y. 2015). A court reviews an agency's response to a FOIA request de novo. A. Michael's Piano, Inc. v. F.T.C., 18 F.3d 138, 143 (2d Cir. 1994). The agency bears the burden of defending non-disclosure. Main Street Legal Servs. v. Nat'l Sec. Council, 811 F.3d 542, 544 (2d Cir. 2016). It must show "that its search was adequate and that any withheld documents fall within an exemption." Carney v. U.S. Dep't of Justice, 19 F.3d 807, 812 (2d Cir. 1994). "Affidavits or declarations supplying facts indicating that the agency has conducted a thorough search and giving reasonably detailed explanations why any withheld documents fall within an exemption are sufficient to sustain the agency's burden" and "are accorded a presumption of good faith." Carney, 19 F.3d at 812 (internal citation omitted).

FOIA enumerates nine exemptions to disclosure. See 5 U.S.C. § 552(a)(3) - (b). These exemptions are construed narrowly, as "disclosure, not secrecy, is the dominant objective of [FOIA]." Dep't of Air Force v. Rose, 425 U.S. 352, 361, 96 S.Ct. 1592

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Bluebook (online)
302 F. Supp. 3d 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grynberg-v-us-dept-of-justice-ilsd-2018.