December 2024 - cypherpunks - lists.cpunks.org

Fwd: New Message :: R000433-082224
by Gunnar Larson 14 Dec '24

14 Dec '24

---------- Forwarded message --------- From: NYS DFS FOIL Records Access Center <dfsny(a)govqa.us> Date: Fri, Dec 13, 2024, 4:35 PM Subject: New Message :: R000433-082224 To: g(a)xny.io <g(a)xny.io> --- Please respond above this line --- [image: Logo] ------------------------------ RE: FOIL Records Request of August 22, 2024, Reference # R000433-082224 Dear Gunnar Larson, The NYS Department of Financial Services received a FOIL request from you on August 22, 2024. Your FOIL request seeks the following records: *"Today xNY.io - Bank.org seeks access to Shelf Charter records from January 1, 2021 to August 22, 2024 that correspond to New York State's Shelf Charter rule changes. Additionally, we seek access to NY-DFS records concerning xNY.io - Bank.org's Shelf Charter dealings with the Department. Separately to seeking Shelf Charter rule change records, today xNY.io - Bank.org seeks access to NY-DFS policy records concerning the Department’s approach to:-Harassment and Discrimination Policies -Conflict of Interest Policy-Insider Trading Policy-Records Management Policy-Corporate Opportunity Policy"* At the outset, please note the Department does not have any records pertaining to statutory amendments or changes in regulations to the Shelf Charter. Next, your request for “access to NY-DFS records concerning xNY.io - Bank.org's Shelf Charter dealings with the Department,” does not clearly describe the specific records that you seek. Therefore, the Department construes this part of your request as seeking the records you submitted to obtain a Shelf Charter with the Department (“responsive records”). Please note that because you never filed a formal application with the Department, there is no final decision for your application. Please log in to the FOIL Records Access Center at the following link to review the responsive records. FOIL Records Request - R000433-082224 <https://u8387778.ct.sendgrid.net/ls/click?upn=u001.VEsWrlMiJDg0mXafq1mEXauM…> Moreover, to the extent your request seeks the Department’s internal deliberative materials, those are exempt pursuant to Public Officers Law § 87(2)(g), which exempts from disclosure records that are “inter-agency or intra-agency materials which are not: i. statistical or factual tabulations or data; ii. instructions to staff that affect the public; iii. final agency policy or determinations; [or] iv. external audits, including but not limited to audits performed by the comptroller and the federal government[.]” Such internal records contain opinions, recommendations, evaluations, and other subjective commentary by government employees, and do not contain information that fall within any of the four exceptions to non-disclosure under Public Officers Law § 87(2)(g). The internal opinions, recommendations, and drafts contain the very kind of information that the exemption in Public Officers Law § 87(2)(g) is designed to protect. In New York Times Co. v. City of New York Fire Dep’t, 4 N.Y. 3d 477, 488-89 (2005), the Court of Appeals held that “[t]he point of the intra-agency exception is to permit people within an agency to exchange opinions, advice and criticism freely and frankly, without the chilling prospect of public disclosure . . . [and] to permit the internal exchange of candid advice and options between agency employees.” (See also, Miller v. New York State DOT, 58 A.D.3d 981, 984 [3rd Dep’t 2009])(holding that “[t]he interagency and intra-agency exemption applies to records that are deliberative, i.e., communications exchanged for discussion purposes not constituting final policy decisions.”) Because the deliberative materials contain opinions and internal correspondence between Department employees, they fall squarely within the intra/inter-agency exception and, accordingly, are also exempt from disclosure pursuant to Public Officers Law § 87(2)(g). Accordingly, attached please find the responsive records you submitted to the Department regarding xNY.io – Bank.org’s Shelf Charter. With respect to the second half of your request seeking various policy records, the Freedom of Information Law (“FOIL”) requires a requester to reasonably describe the records sought, providing sufficient detail so that the agency can identify and locate the records requested. See Konigsberg v. Coughlin, 68 N.Y.2d 245 (1986); In re Farbman & Sons v. NYC Health & Hosps. Corp., 62 N.Y.2d 75 (1984); Matter of Wright v. Hippolyte, 2014 N.Y. Misc. LEXIS 1247, 2014 NY Slip Op 30705(U) (Sup. Ct. N.Y. County 2014). A FOIL request is not reasonably described if the agency cannot locate the requested record using its indexing or filing system, or, with respect to the agency’s electronic records, there is no single search term or combination of search terms that will result in the location of the record. See Asian American Legal Defense & Educ. Fund v. NYC Police Dep’t, 41 Misc.3d 471 (Sup. Ct. N.Y. County 2013), aff’d 125 A.D.3d 531 (1st Dep’t 2015). Additionally, where an agency must manually review voluminous records simply to locate responsive records, courts have held that such a request does not reasonably describe the records sought. Bader v. Bove, 273 A.D.2d 466 (2nd Dep’t 2000), appeal den. 95 N.Y.2d 764 (2000) (finding that a request for “[a]ll notes, records, correspondence, meeting minutes and other records related to the adoption and/or revision of the Village Zoning Code’s prohibition of commercial activity” was not reasonably described). Moreover, when a FOIL request requires an agency to make subjective judgments to determine whether a record is responsive, that request may be found to have not reasonably described the records. For instance, in the Committee on Open Government (“Committee”) Opinion No. FOIL-AO-11960 (February 17, 2000), the Committee opined that a FOIL request that sought records “‘tending to support’ a particular statement, or ‘utilized’, ‘used’ or ‘relating to’ various activities” was not a reasonably described request for records under Public Officers Law Article 6. A response to such a request “would involve making subjective judgments a series of judgments based on opinions, some of which would be subjective, mental impressions”, and require “ascertaining which records might ‘tend to support’ a statement [that] would involve an attempt to render a judgment regarding the use, utility, accuracy or value of records.” The Committee further opined that “for purposes of [FOIL], a request for such materials would not meet the standard of ‘reasonably describing’ the records sought, for such a request would not enable the Department to locate and identify the records in the manner envisioned by that statute.” See also Committee Opinion No. FOIL-AO-12012 (March 28, 2000), in which the Committee opined that a request for “‘documentation utilized by SED to evaluate’ certain needs, actions and functions” was not a reasonably described request for records under FOIL. Based upon the above, this portion of your FOIL request does not provide a reasonable description of records under Public Officers Law § 89(3). You ask for all records related to the Department’s approach to various policies. Your request does not provide a time frame, nor the types of records you seek, nor where these records may be located. Moreover, searching for records that reflect the Department’s ‘approach’ to certain policies requires the Department to make subjective judgments to answer your request, and does not align with the standard of reasonably describing records for the purposes of FOIL. FOIL requires a request to reasonably describe the records sought so that they can be readily identified and searched for. Your request does not provide a reasonable description of records under Public Officers Law § 89(3) because the Department cannot identify where the records that you request are located and therefore cannot search for the requested records. Accordingly, this part of your request is closed. Please note that the Department stands ready to respond to any new FOIL request that you submit that (i) describes with reasonable specificity records that the Department may determine upon a reasonable search are maintained by it, (ii) does not contain ambiguous terms such as “relating”, “concerning” or “supporting” applied to excessively broad categories, and (iii) does not require the Department to engage in looking for a “needle in a haystack” or require Department personnel to guess whether a given record is responsive to your request. In accordance with Public Officers Law § 89(4), you may appeal this determination that your request was not reasonably described within 30 days by completing the Appeals form located on the GovQA portal at Online Appeals Form <https://u8387778.ct.sendgrid.net/ls/click?upn=u001.VEsWrlMiJDg0mXafq1mEXdfx…> . Sincerely, Stephanie Mazza Associate Attorney NYS Department of Financial Services ------------------------------ To monitor the progress or update this request please log into the FOIL Records Access Center <https://u8387778.ct.sendgrid.net/ls/click?upn=u001.VEsWrlMiJDg0mXafq1mEXauM…> . [image: GovQA logo]

1 0

BREAKING: UnitedHealth To Pay $69M In Suit Over 401(k) Fund Roster
by Gunnar Larson 13 Dec '24

13 Dec '24

BREAKING: UnitedHealth To Pay $69M In Suit Over 401(k) Fund Roster <https://www.law360.com/banking/articles/2273484?nl_pk=feb6bbba-7878-4d39-be…> By Emily Brill UnitedHealth Group has agreed to pay $69 million to settle a class action claiming it included low-performing investment options in its 401(k) plan to preserve its business relationship with Wells Fargo, according to a filing Friday in Minnesota federal court. Memorandum attached | Read full article » <https://www.law360.com/banking/articles/2273484?nl_pk=feb6bbba-7878-4d39-be…> | Save to favorites » <https://www.law360.com/banking/articles/2273484?nl_pk=feb6bbba-7878-4d39-be…>

1 0

Fwd: Bloomberg Follow Up
by Gunnar Larson 13 Dec '24

13 Dec '24

Fri, Dec 13, 2024, 8:15 AM ---------- Forwarded message --------- From: Thomas Murray (BLOOMBERG/ 731 LEX) <tmurray27(a)bloomberg.net> Date: Fri, Dec 13, 2024, 8:15 AM Subject: Re: Bloomberg Follow Up To: <g(a)xny.io> Cc: <cypherpunks(a)lists.cpunks.org>, <sreader(a)curtis.com> Good morning Gunnar, Thank you for letting me know. I will resend the appt for next week to discuss the Bloomberg terminal and your business. As for the fun fact, hopefully you have the same success!! Have a great weekend, Tom Thomas Murray Bloomberg Senior Relationship Manager 212-617-3923 tmurray27(a)bloomberg.net From: g(a)xny.io At: 12/13/24 08:11:48 UTC-5:00 To: Thomas Murray (BLOOMBERG/ 731 LEX ) <tmurray27(a)bloomberg.net> Cc: cypherpunks(a)lists.cpunks.org, sreader(a)curtis.com Subject: Re: Bloomberg Follow Up Dear Thomas: xNY.io - Bank.org is sort-of waiting to hear back, with hopeful news we can work with Bloomberg. Fun fact, Thomas: I am 39, the same age Mr. BLOOMBERG was when he started your firm. Can we schedule a time to speak next Friday, 20 December 2024? Thank you, Gunnar ✌️ -- Gunnar Larson xNY.io - Bank.org 917-580-8053 On Sat, Dec 7, 2024, 6:28 AM Gunnar Larson <g(a)xny.io> wrote: > Thomas: > > Great news. Looking forward to the conversation on the 13th. > > Have a great weekend. > > Thank you, > > Gunnar ✌️ > > On Fri, Dec 6, 2024, 11:19 AM Thomas Murray (BLOOMBERG/ 731 LEX) < > tmurray27(a)bloomberg.net> wrote: > >> Thank you Gunnar. >> >> Have a good weekend and look forward to speaking. >> >> Tom >> >> Thomas Murray >> Bloomberg Senior Relationship Manager >> 212-617-3923 >> tmurray27(a)bloomberg.net >> >> From: g(a)xny.io At: 12/05/24 17:46:40 UTC-5:00 >> To: Thomas Murray (BLOOMBERG/ 731 LEX ) <tmurray27(a)bloomberg.net> >> Cc: cypherpunks(a)lists.cpunks.org, sreader(a)curtis.com >> Subject: Re: Bloomberg Follow Up >> >> Thomas: >> >> No. Friday 13 December, anytime after 9:00am EST. >> >> Gunnar ✌️ >> >> >> On Thu, Dec 5, 2024, 4:51 PM Thomas Murray (BLOOMBERG/ 731 LEX) < >> tmurray27(a)bloomberg.net> wrote: >> >>> Hello Gunnar, >>> >>> Sorry for the delay. Would it be possible to schedule it for next week? >>> Monday afternoon? >>> >>> Thank you, >>> >>> Tom >>> >>> Thomas Murray >>> Bloomberg Senior Relationship Manager >>> 212-617-3923 >>> tmurray27(a)bloomberg.net >>> >>> From: g(a)xny.io At: 12/03/24 19:32:14 UTC-5:00 >>> To: Thomas Murray (BLOOMBERG/ 731 LEX ) <tmurray27(a)bloomberg.net> >>> Cc: cypherpunks(a)lists.cpunks.org >>> Subject: Re: Bloomberg Follow Up >>> >>> Thomas: >>> >>> Sure. How is a call on Friday 13 December, anytime after 9:00am EST. >>> >>> Gunnar Larson >>> >>> On Tue, Dec 3, 2024, 1:38 PM Thomas Murray (BLOOMBERG/ 731 LEX) < >>> tmurray27(a)bloomberg.net> wrote: >>> >>>> Hello Gunnar, >>>> >>>> I hope are well. I am part of the relationship management team at >>>> Bloomberg and was passed along a note that you were interested in the >>>> Bloomberg terminal. Please let me know if we are able to coordinate a call >>>> to discuss your business, what you are looking to solve for and the >>>> Bloomberg solution. If you are able to provide some times that work best, I >>>> will send over a calendar invite. >>>> >>>> Thank you, >>>> >>>> Tom >>>> Thomas Murray >>>> Bloomberg Senior Relationship Manager >>>> 212-617-3923 >>>> tmurray27(a)bloomberg.net >>>> >>>> >>> >>

1 0

2 Deny Joining Would-Be Trump Assassin To Target Journalist
by Gunnar Larson 13 Dec '24

13 Dec '24

2 Deny Joining Would-Be Trump Assassin To Target Journalist <https://www.law360.com/newyork/articles/2273292?nl_pk=ac5a3855-e47c-4403-be…> By Pete Brush Two New York City men on Thursday denied participating in a plot to kill a noted journalist and Iran critic, pleading not guilty to murder-for-hire charges that claim they worked for a foreign agent who also is tasked with targeting Donald Trump. Read full article » <https://www.law360.com/newyork/articles/2273292?nl_pk=ac5a3855-e47c-4403-be…> | Save to favorites » <https://www.law360.com/newyork/articles/2273292?nl_pk=ac5a3855-e47c-4403-be…>

1 0

BakerHostetler Can't Ditch RICO Claims In Bankruptcy Fight
by Gunnar Larson 13 Dec '24

13 Dec '24

BakerHostetler Can't Ditch RICO Claims In Bankruptcy Fight <https://www.law360.com/health/articles/2273436?nl_pk=6422bbc2-a823-4be5-9a9…> By Dorothy Atkins A Texas bankruptcy judge Wednesday trimmed fraud and legal malpractice claims alleging BakerHostetler aided a $100 million insurance fraud scheme, but he refused to throw out civil racketeering claims, finding that the allegations are "well-pleaded," and he must assume, for now, that they're true. Opinion attached | Read full article » <https://www.law360.com/health/articles/2273436?nl_pk=6422bbc2-a823-4be5-9a9…> | Save to favorites » <https://www.law360.com/health/articles/2273436?nl_pk=6422bbc2-a823-4be5-9a9…>

1 0

Luchador Law's Bid For Round 1 TM Win May Be Doomed
by Gunnar Larson 13 Dec '24

13 Dec '24

Luchador Law's Bid For Round 1 TM Win May Be Doomed <https://www.law360.com/delaware/articles/2273345?nl_pk=8f2e5a76-bb66-462b-a…> By Craig Clough A California federal judge appeared ready Thursday to body-slam personal injury firm Luchador Law's bid to quickly toss a trademark lawsuit by a rival firm that owns the trademark for 1-800-LUCHADOR, saying he thinks the word's meaning is in dispute and issuing a tentative ruling denying the motion. Read full article » <https://www.law360.com/delaware/articles/2273345?nl_pk=8f2e5a76-bb66-462b-a…> |

1 0

Carlisle Cleared In Patent Trial Over Spray Guns
by Gunnar Larson 13 Dec '24

13 Dec '24

Carlisle Cleared In Patent Trial Over Spray Guns <https://www.law360.com/delaware/articles/2273186?nl_pk=8f2e5a76-bb66-462b-a…> By Andrew Karpan Jurors cleared Carlisle's construction materials company on Thursday from allegations in Delaware federal court that the Pennsylvania company was infringing a single claim in a rival's patent that covered a spray gun marketed to construction workers. Verdict attached | Read full article » <https://www.law360.com/delaware/articles/2273186?nl_pk=8f2e5a76-bb66-462b-a…> | Save to favorites » <https://www.law360.com/delaware/articles/2273186?nl_pk=8f2e5a76-bb66-462b-a…>

1 0

NY Courts Defy Watchdog, Won't Release Judicial Ethics Data
by Gunnar Larson 13 Dec '24

13 Dec '24

NY Courts Defy Watchdog, Won't Release Judicial Ethics Data <https://www.law360.com/compliance/articles/2273361?nl_pk=ab5ce197-c1fb-4d8e…> By Frank G. Runyeon Counsel for the New York State Unified Court System told the state transparency watchdog Wednesday it has no obligation to release judges' and court officials' financial disclosure data under public records law. 2 documents attached | Read full article » <https://www.law360.com/compliance/articles/2273361?nl_pk=ab5ce197-c1fb-4d8e…> | Save to favorites » <https://www.law360.com/compliance/articles/2273361?nl_pk=ab5ce197-c1fb-4d8e…>

1 0

Former CFO Admits To Stealing $1.3M From SF Law Firms
by Gunnar Larson 13 Dec '24

13 Dec '24

Former CFO Admits To Stealing $1.3M From SF Law Firms <https://www.law360.com/governmentcontracts/articles/2273160?nl_pk=4126fe73-…> By James Boyle A former chief financial officer of two San Francisco law firms admitted to stealing more than $1.3 million from his former employers via several fraudulent schemes, including redirecting firm payments to a nonprofit organization he set up privately. Read full article » <https://www.law360.com/governmentcontracts/articles/2273160?nl_pk=4126fe73-…> | Save to favorites » <https://www.law360.com/governmentcontracts/articles/2273160?nl_pk=4126fe73-…>

1 0

Pawnbroker Pleads Guilty To Bribing Ex-Newark Deputy Mayor
by Gunnar Larson 13 Dec '24

13 Dec '24

Pawnbroker Pleads Guilty To Bribing Ex-Newark Deputy Mayor <https://www.law360.com/governmentcontracts/articles/2273008?nl_pk=4126fe73-…> By Carla Baranauckas A Garden State pawnbroker and jeweler admitted in New Jersey federal court Thursday that he took part in a bribery scheme to influence a former Newark official regarding the acquisition and redevelopment of city-owned properties. Read full article » <https://www.law360.com/governmentcontracts/articles/2273008?nl_pk=4126fe73-…> | Save to favorites » <https://www.law360.com/governmentcontracts/articles/2273008?nl_pk=4126fe73-…>

1 0