Case: 1:15-cv-09070 Document #: 1 Filed: 10/13/15 Page 1 of 5 PageID #:1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
BETTER GOVERNMENT ASSOCIATION,

)
)
Plaintiff,
)
)
v.
)
)
FEDERAL BUREAU OF INVESTIGATION, )
)
Defendant.
)
COMPLAINT
NOW COMES Plaintiff, BETTER GOVERNMENT ASSOCIATION, by its undersigned
attorneys, LOEVY & LOEVY, and brings this Freedom of Information Act suit to require
Defendant FEDERAL BUREAU OF INVESTIGATION to produce records relating to the “Fun
and Games” section of Defendant’s website.

In violation of FOIA and consistent with its

widespread and evasive practice in responding to FOIA requests, FBI has refused to look for
responsive records anywhere but in its central investigation files—a search that is nonsensical
given the subject matter of the request and predictably yielded no results.
INTRODUCTION
1.

Pursuant to the fundamental philosophy of the American constitutional form of

government, it is the public policy of the United States to foster democracy and allow any person
to obtain copies of the records of agencies for any public or private purpose consistent with the
terms of the federal Freedom of Information Act, 5 U.S.C. § 552.
PARTIES
2.

Plaintiff BETTER GOVERNMENT ASSOCIATION (“BGA”) is a nonpartisan,

Illinois non-profit corporation, whose mission is to educate the public about waste,

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inefficiencies, and corruption in government by acting as a watchdog agency uncovering and
exposing this type of activity; to promote respect for the law; and to support public officials in
the rightful performance of their duties. BGA was founded in 1923 to protect the integrity of the
political process in Chicago.
3.

Defendant FBI is a federal agency subject to the Freedom of Information Act, 5

U.S.C. § 552.
JURISDICTION AND VENUE
4.

This case is brought under 5 U.S.C. § 552(a)(4)(B) and presents a federal question

conferring jurisdiction on this Court.
5.

Venue is proper under 5 U.S.C. § 552(a)(4)(B) because BGA resides in this

judicial district.
BGA’S FOIA REQUESTS AND FBI’S FAILED RESPONSES
6.

In an effort to understand why the FBI created a section on its publicly funded

website devoted to “Fun and Games,” what it has cost the taxpayers, and what benefits it has
produced, BGA requested under FOIA various cost-benefit analyses of the Fun and Games
section of the FBI’s website and other related records. A true and correct copy of the request is
attached as Exhibit A.
7.

On April 16, 2015, the FBI informed BGA that after searching the “Central

Records System,” it was unable to identify records responsive to BGA’s FOIA request. A true
and correct copy of the response letters is attached as Group Exhibit B.
8.

In its responses, FBI asked BGA to provide “additional information pertaining to

the subject that you believe was of investigative interest to the Bureau.”
9.

FBI’s request for more information appears to demonstrate that no human being

actually read or intelligently considered the subject matter of the request and that the search
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performed was part of an automated process divorced from the reality of the request. Clearly the
FBI website and its Fun & Games character “Bobby Bureau” are not subjects of an FBI
investigation, and clearly records responsive to the request would not be found in the CRS.
10.

Further, while, as a seasoned FOIA requester, BGA is aware of what the CRS is

and that FBI routinely conducts this sort of nonsensical search rather than individually consider
where responsive records are likely to exist, the generic form response letters fail to explain that
the search included only a limited subset of the FBI’s files and implies to the requester that
nothing further can be done to search for records in other places.
11.

On July 21, 2015, BGA informed Defendant that its FOIA requests sought records

existing in any FBI files, not just CRS, and again requested that the records be produced. A true
and correct copy of this correspondence is attached as Exhibit C.
12.

On July 21, 2015, FBI acknowledged receipt of BGA’s July 21, 2015 FOIA

request.
13.

On August 29, 2015, BGA inquired after the status of the FBI’s search for the

responsive records.
14.

FBI has not responded to BGA’s July 21 request or August 29 follow-up.

15.

FBI is well aware that limiting its search for responsive records to the Central

Records System is insufficient, yet continues to conduct searches in this manner.
16.

On April 1, 2014, reporter Jason Leopold wrote that the “FBI is notorious for

responding to FOIA requests by stating that a search of its Central Records System (CRS) did
not turn up ‘main file records’ responsive to a FOIA request. But the FBI often fails to conduct a
cross-reference search or even a search of its Electronic Case File (ECF) for responsive records
unless specifically directed to do so.”

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17.

Leopold subsequently filed suit against the FBI to litigate, in part, the

reasonableness of the FBI’s search for records relating to his FOIA request.
18.

During the course of that litigation, U.S. District Court Judge Paul Friedman

wrote that “The Court is not persuaded that the FBI has conducted ‘a good faith, reasonable
search of those systems of records likely to possess the requested information’ as required under
the FOIA.”
19.

Upon information and belief, FBI is well aware that its form response letters with

regard to CRS and its refusal to search anywhere else unless specifically requested causes many
requesters to abandon their requests without realizing that responsive records may exist
elsewhere. Upon information and belief, this is the intended result of FBI’s FOIA response
practices.
COUNT I – VIOLATION OF FOIA
20.

The above paragraphs are incorporated herein.

21.

Defendant FBI is an agency subject to FOIA.

22.

The requested records are not exempt under FOIA.

23.

Defendant FBI has failed to conduct a reasonable search for or produce the

responsive records.
WHEREFORE, BGA asks the Court to:
i.

Order FBI to produce the requested records;

ii.

Award BGA attorney fees and costs; and

iii.

Enter any other relief the Court deems appropriate.

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RESPECTFULLY SUBMITTED,
/s/ Matthew V. Topic
Attorneys for Plaintiff
BETTER GOVERNMENT ASSOCIATION
Matthew Topic
LOEVY & LOEVY
312 North May St., Suite 100
Chicago, IL 60607
(312) 243-5900
matt@loevy.com

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