DECLASSIFIED BY 6517 9 DMH/PLJ/JN ON 06-30 …...DECLASSIFIED BY 6517 9 DMH/PLJ/JN ON 06-30-2010...

DECLASSIFIED BY 6517 9 DMH/PLJ/JN ON 06-30-2010

February 20, 2007 BY COURIER

Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 New Executive Office Building .725 17th Street, Northwest Washington, D.C. Dear Mr. Friedman:

Enclosed for your information is a self-explanatory memorandum entitled "Intelligence Oversight Board Matter 2003-56." (U)

The memorandum sets forth details of investigative activity which the FBI•has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or iaws, Executive Orders, or Presidential Directives'which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. ( U )

Enclosure 1 - 278-HQ-C1229736-VIO —•

Dep. Dir. Chief ¿1

Staff Off. of Gen.

Counsel Asst. Dir.:

Crim. Inv. CJIS Finance Info. Rei. Insp. Lab National Sec. Personnel Training

Off. of EEOA Off. of Public

& Cong. Affs. Director's Office MAIL. ROOM

- s b g b b x . Hofmariri-IOB-1012

SECRET Mr. Stephen Friedman

Should you or any member of your staff require additional information concerning this matter, an oral briefing will be arranged for you at your convenience. (U)

1 - The Honorable Alberto R. Gonzales Attorney General U.S. Department of Justice Room 5111

1 - Mr. Matt Olsen Deputy Assistant Attorney General National Security Division U.S. Department of Justice Room 2200 C

Sincerely

Julie F. Thomas Deputy General Counsel

Training Off. of EEO

, Affairs , Off. of Public & , Cong.Affs

-SECRET" Hofmann-IOB-1013

ALL INFORMATION CONTAINED HEREIN 13 UNCX.A33IFIED EXCEPT WHERE SHOWN OTHERWISE —at ta j ' i i t I . im

DATE: 07-01-2010 CLASSIFIED BY 6517 9 UCLP/PLJ/JN REA30N: 1.4 (D) DECLASSIFY ON: 07-01-2035

INTELLIGENCE OVERSIGHT BOARD (IOB) I IDIVISION IOB MATTER 2003-56 (U)

MATTER b2 b7E

I n A Rev:*-ew the Federal Bureau of Investigation's Use of Na^ibnal Security Letters, draft dated 01/22/2007, the Department of Justice (DOJ), Office of Inspector General (OIG) noted that it disagreed with the FBI's analysis of IOB Matter 2003-56. Upon further review of this particular matter, the Office of the General Counsel (OGC) has determined that this matter does need to be reported to the Intelligence Oversight Board (IOB).

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(U) The Electronic Communications Privacy Act (ECPA)prohibits wire or electronic communications service providers from "knowingly divulg[ing] a record or other information pertaining to a subscriber to or customer of such service...to any governmental entity." 18 U.S.C. § 2702(a)(3). However, upon proper certification by the Director or his designee, the FBI may seek telephone and email communication records from wire or electronic communications service providers when those records "are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities." 18 U.S.C. § 2709.

In this instance, on nine occasions, [

issued an NSL to cover the period in question. LUpon realizing the error, €

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Hofmann-IOB-1014

SECRET

• t • DECLASSIFIED BY 65179 DMH/PLJ/JN ON 06-30-2010


Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 5020 .New-Executive Office Building 725 17th Street, N.W. Washington, D.C. 20503 Dear Mr. Friedman:

This letter forwards for your information a self-explanatory enclosure entitled, "Intelligence Oversight Board (IOB) Matter, IOB 2007 624 (U)

The enclosure sets forth details of investigative activity, which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international- terrorism investigations. (U) Enclosure 1 - 2 7 8 r H Q - C 1 2 2 9 7 3 6 - V I O —

Dep. Dir. Chief of

Stall Off. of Gen.

Counsel_ Asst. Dir.:

Crfm. Inv. CJIS I Finance _ Info. Res., Insp.

National See. Personnel Training

Off, ofEEOA Off. ol Public

» Cong. Affs._ Director's Office

Hofmann-IOB-1015

MAIL ROOM • F B I / O O J

Should additional infor

I or any member of your st on concerning this matter

(require ; oral briefing

wi.ll be arranged for you at your convenience.

1 - The Honorable Alberto R. Gonzalez Attorney General U.S. Department of Justice Room 5111

1 - Matt Olsen Deputy Assistant Attorney General U.S. Department of Justice Room 2200C

Sincerely,


"SECREŒ.


SECRET

ï « INTELLIGEjaCE-OiffiES^GHT BOARD (IOB) MATTER

FIELD OFFICE b2 b7E

IÓB MATÏER 2007-624 (U)

(5)

(S)

(S)

The[ ireau of I

Field Office of the FederalBureau of investigation has reported an error in r r m - i n n o - h i n n w i ' M - i H W i a i n n ' S

I P In this regard, surveillance of | lline erroneously prodyir-firi nar.kehs of information that were not associated with| [ The FBI is awaiting an explanation from| J a s to now this transpired,

of

since e correct case file ana]_ number were supplied to

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(U) This matter has been reported to the FBI's Inspection Division for appropriate action.

All INFORMATION CONTAINED HEREIN 13 UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE DATE: 07-01-2010

CLASSIFIED BY 6517 9 UCLP/PLJ/JN REASON: 1.4 (C) DECLASSIFY ON: 07-01-2035

SECHST

Hofmann-IOB-1017

DECLASSIFIED BY 65179 DMH/PLJ/JN 'ON 06-30-2010


Mr.. Stephen Friedman Chairman Intelligence Oversight Board Room 5020 .New • Executive Office Building 725 17th Street, N.W. Washington, D.C. 20503 Dear Mr. Friedman:

This letter forwards for your information a self-explanatory enclosure entitled, "Intelligence Oversight Board (IOB) Matter, IOB 2007 581 (U)

The enclosure sets forth details'of investigative activity, which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. (U) Enclosure 1 - 2 7 8 - H Q - C 1 2 2 9 7 3 6 - V I O —

Dep. Dir. Chief o(

Staff Off. ol Gen.

Counsel Asst. Dir.:

Crim. tnv. CJIS I Finance Info. Res.. Inso.

JECRKT Lab. National Sec. Personnel Trainino

Off. of EEOA OH. ol Public

& Cong. Affa. Director's Office

Hofmann-IOB-1018

MAIL ROOM O

Should you or any member of your staff require additional information concerning this matter, an oral briefing v/ill be arranged for you at your convenience.

1 - The Honorable Alberto R. Gonzalez Attorney General U.S. Department of Justice Room 5111

1 - Matt Olsen Deputy Assistant Attorney General U.S. Department of Justice Room 2200C

Sincerely


QBGIU51


"SECRET-

INTELLIGElJCE—QiZERSJGHT BOARD (IOB) FIELD OFFICE

MATTER h 2 b7E

IOB MATTER 2007-581 Js<( The Field Office of the

Federal Bureau of Investigation has reported an error in r.rm-innr't-i nri Wit-h i-hat- division' s inve s tlaat-.i on captioned L

. In this rarra rri. I IrnistaVpnly recorded an unknown U.S. person which was supposed to have been empty, but, unjcnown to the FBI, became occupied by a presumed U.S. person. As soon as the error became known, the audio surveillance was shut down and the unreviewed tape of the presumed U.S. person was secured.

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ALL INFORMATION CONTAINED HEREIN 13 UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

DATE: 06-30-2010 CLASSIFIED BY 6517 9 DMH/PLJ/JN REASON: 1.4 (C,D) DECLASSIFY ON: 06-30-2035

SÈÇj^ET

Hofmann-IOB-1020

*

January 23, 2007 BY COURIER

Dep. Dir. Chief of

Staff Off. of Gen.

Counsel Asst Dir.:

Crlrn. Inv. CJIS I Finance Info. Res. _

Mr. Stephen Friedman . DECLASSIFIED BY 6517 9 DMH/PLJ/JN Chairman oh 06-30-2010 Intelligence Oversight Board Room 50209 New Executive Office Building .725 17th Street, Northwest Washington, D.C. Dear Mr. Friedman:


The memorandum sets forth details, of investigative activity which the FBI•has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives'which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. ( U )

Enclosure 1 - 278-HQ-C1229736-VIO

National S e a . Personnel Training


& Cong. Alfs._ Director's Office

SECRET Hofmann-IQB-1021

HAIL ROOK • F 0 I / D O J

Mr. Stephen Friedman Should you or any member of your staff require additional

information concerning this matter, an oral briefing will be arranged for you at your convenience. (U)



Sincerely,


APPROVED Trim Inv. Insoection Training.

Director . Oeputy Director.


# A SECRET

DECLASSIFIED BY ON 07-01-2010

INTELLT.^EMPF DVERSTEHT BOARD (IOB) MATTER FIELD OFFICE

65179 UCLP/PLJ/JN

b2 b7E

IOB MATTER 2007-629 (U) By electronic communication dated December

2006, the iTedferal Bureau of Tnva.q-Hrrat-.ion (FBnl Field Office reported t-hat-..l I -i-ho FRT submitted a National Security Letter (NSL) seeking i

records relating to a certain target

JJL-

typographical error, erroneously transcribed. On

3 O" r.he MM Due to was

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target's records. ~limmediately ceased review of the

[U] JS<_Due_to[ Istated in the NSL, the 2 records pertaining to a FBI received r r 3 __ _

|that was neither under investigation nor related to an investigation. The error was discovered upon receipt of the information, and the records were neither reviewed nor used for any investigative purpose. Despite the inadvertent nature of the mistake, the fact remains that information was improperly collected on I I unrelated to an investigation. The I was a violation of I ] of The

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Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection. Thus, the matter is. being reported to the IOB.


i

DECLASSIFIED BY 65179 UCLP/ELJ/JN ON 07-01-2010

February 21, 2007 BY COURIER .

Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 " New Executive Office Building .725 17th Street, Northwest Washington, D.C. Dear Mr. Friedman:


The memorandum sets forth details, of investigative activity which the FBI-has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives "which govern FBI foreign counterintelligence and international terrorism investigations.' This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. (U)

Dep. Dir. Chief ol

Staff Off. of Gen.

Counsel Asst. Dir.;

Crim. Inv. CJIS I Finance Info. Res. _ Insp.

Enclosure 1 - 278-HQ-C1229736-VIO'— Z x T b

National Sec. _ Personnel Training .


& Cong. Alfs. Director's Office MAIL ROOM O

SECRET Hofmann-IOB-1024

J

0EQIU3B? Mr. Stephen Friedman




Sincerely


p a s » Director _ Deouty Director

Inspection^. Jaboratory_ I M e n a i Sac.

Personnel.

.Training

. oif. ol EEO

. Affairs Off. of Public & Cong. W i s —

"3=«®Mtofmann-IOB-1025

DECLASSIFIED BY 6517 9 UCLP/PLJ/JN ON 07-01-2010

SECRET

TWTRT.T.T F.Wr.F. OVERSTEDT BOARD (IOB) MATTER FIELD OFFICE

b2 b7E

IOB MATTER 2007-529(U)

The I Hpivision of the Federal Bureau of Investigation (FBI) reported a possible Intelligence Oversight Board (IOB) violation involving a late 10-notji fi rati nn nf thp. otwiinq of a I ~|.

b2 b7E

-Lnq ot ai linitiated a | |to determine the On

suitability and credibility ofan asset who is a non-United States person. On 10/10/2006,1 submitted an EC and LHM notifying FBIHQ of the initiation of this investigation.

(0) As provided in of The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection (NSIG),i 1 b2

b7E ] 4

when I I FBIHQ

first learned of thel submitted its initial 10-day notification on 10/10/2006. Because this notification was more than a year and a half late, FBIHQ was unable to provide meaningful oversight and review of this investigation.

-*rncrvET.

- S E C R E T " Hofmann-IOB-1026

s 1



I Mr. Stephen Friedman

• Chairman Intelligence Oversight Board Room 50209 New Executive Office Building 725-17th Street, Northwest Washington, D.C. Dear Mr. Friedman:


The memorandum sets forth details of investigative activity which the FBI•has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives'which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. (U)

Enclosure 1 - 278-HQ-C1229736-VIO *—

Dep. Dir. Chief ¿1

Staff Off. of Gen.

Counsel Asst Dir.:

Crfan. Inv. CJIS Finance • Into. Re«. Insp. Lab. National Sec.. Personnel Training

Off. ofEEOA Off. of Public

& Cong. Atfs._ Director's Office

ULLAid'i'- Hofmann-IOB-1027

MAIL ROOM •

UU^IUaX Mr. Stephen Friedman




Sincerely,


& P P R ä » Director Deputy Director.

a s e ï® e -Hofmann- IOB-1028


INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER FIELD OFFICE

m h 2 b7E

IOB MATTER 2007-611 (U) By electronic communication dated September 27,

federal Bureau of Investigation (FBI) I ( U )

2006, the Field Office reported that a

lwas initiated on a won-u.a. person on[" f]

I b2 b7E

J FBI Headquarters (FBIHQ) was not provided off icial notif ication of the initiation of this [

(U) As provided in General's Guidelines for FBI National Securi Foreign Intel 1 i rrenr.e Collection (NSIGÌ . a t

of the The Attorney v Investigations _and

I

After receiving the notice from the field office, FBIHQ shall provide notice to the Office of Intelligence Policy and Review (OIPR) and to the Criminal Division. OIPR shall then notify the Attorney General and Deputy Attorney General. The FBI shall also provide the notice of initiation to any relevant United States Attorney's office, subject to authorization by the Criminal Division, in an espionage case. This requirement applies to both U.S. persons and non-U.S. persons.

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< ° ' W -the initiation of a| [ approximately 325 days beyond the ten-day deadline, was in violation of the NSIG. Thus, the matter is being reported to the IOB.

In this instance, the delay in notifying FBIHQ of of a

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5ECRB5—

^S B e K EUHofmann-IOB-1029

" I




Enclosed for- your information is a self-explanatory memorandum entitlèd "Intelligence Oversight Board Matter 2007-626." (U)

The memorandum sets forth details of investigative activity which the FBI.has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted." (U)

I ah

Enclosure 278-HQ-C1229736-VIO

Dep. Or. Chief ¿1

Staff Off. of Gen.

Counsel Asst. Dir.:

Crtm. tnv. CJIS I Finance Info. Res. _ Insp.

National Sec.. Personnel Training,

OEcrarc? 1 iofmann-IQB-1030 Off. of E EOA Off. of Public

& Cong. Alfs. Director's Office MAIL. ROOM •

4

-nncgfflT_



Sincerely,




Director. Deputy Director.

Criialnv, CJIS. Finance,

_Gen.C0CK0l _iafo. Res

Training. Otf. of EEO Affairs, Off.of Publics

, Cong. Affs.

~SEeRBaLjHofmann-IOB-1031

OECREE

'DECLASSIFIED BY É517 9 UCLP/PLJ/JN ON 07-01-2010

TWTRT.T.TfiBWr.B OVF.RSTCTT BOARD (IOB) MATTER DIVISION

IOB MATTER 2007-626 (U)

(1) J s c ( The\_ of the Federal Bureau Field Office of Investigation (FBI) reported a potential IOB involving a National Security Letter (NSL) requested by[ Iwhir.h. through a transcription error, sought information about a belonging to a person who was not the subject oJ security investigation.

an h'bl national

H I ¡prepared an NSL requesting.

elephone numbers associated a non-U.S. person who is the ( 0 )

on twb target of an authorized investigation. Due to an administrative error in drafting the NSL and the accompanying EC, the case agent requested information for the wrong telephone number. Therefore, the NSL contained a substantive typographical error when it was sent to the provider.

(U) M 0 nI upon a thorough review of the NSL results, the case agent noticed the discrepancy in the telephone number. The case agent immediately notified supervisor and took the proper steps to sequester the information. None of the non-relevant information from the original NSL results was uploaded into the FBI computer systems, nor was any investigative action taken based on this information.

(U) Due to inadvertent typographical error,| Ireceived NSL results on a telephone number that was not associated with the subject of an authorized investigation. However, due to the fact that there was an unauthorized collection of presumed U.S. person information, the error is a reportable matter under Section 2.4 of Executive Order 12863.

h 2 b7E

b2 b7E

b2 b"E

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b2 b7E

-•SECnET-


•t.


January 29, 2007 BY COURIER


Enclosed for your information is a self-explanatory memorandum entitlèd "Intelligence Oversight Board Matter 2007-630." (U)

The memorandum sets forth details of investigative activity which the FBI.has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives'which govern FBI foreign counterintelligence and international terrorism investigations. ' This matter has also been referred to our Internal Investigations Section, Inspection Division, for- a determination of whether any administrative action is warranted. (U)

Enclosure Q ) - 278-HQ-C1229736-VIO— ^ o ^ f e

Dep. Dir. Chief of

Staff OS. of Geru

Counsel Asst. Dir.-

Crim. Inv. CJIS I Finance Info. Res. _ Insp. Lab. National Sec. _ Personnet. Training .


& Cong. Alfa. Director's Office

•OBCRBT-Hofmann-IOB-1033

UAIL ROOM •

r T nniTT1 OECTXOT -



Sincerely,



1 - Mr. Matt Olsen Deputy Assistant Attorney General National Security Division U. S. Department of Justice Room 2200 C

Director Deputy Director.

Crim.lnv, . CJIS.

•inanca. .Gen.Couni .Info. Res.

Training , Off. of EEO Affairs Off. of Public & Cong. Affs.

SBCBBB Hofmann-IOB-1034

3ECRET

•DECLASSIFIED BY 6517 9 UCLP/PLJ/JN ON 07-01-2010

INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER I FIELD OFFICE

IOB MATTER 2007-630 (U) b2 b7E

(U) S^ By electronic communication dated 1/03/2007, requested that the Office of General Counsel (OGC) review

an incident and determine whether it warranted reporting to the TOR _Qn

case involving a non-U.S. Person. the standard 10-day notifica^loC—Latî^rhead' becausel I believed the such notifications. On

¡initiated an imtastiaation on a

a "I Ho did not file

memorandum (LHM) status of the case exempted

owe ver, OGC advised. |

b2 b5 b7E

As'a result, on V provided the appropriate notification LHM to FBIHQ for passage to Office of Intelligence Policy and Review (OIPR) in conformance with the Attorney General Guidelines for National Security Investigations and Foreign Intelligence Collection (NSIG).

^ this instance, the fact that the investigation was worked'rolt nearly 14 months without notifying OIPR, either via the standard 10-day LHM notification or via some other investigative action, substantially impaired OIPR's oversight of the investigation. Here, the I I was opened on I 1 and OIPR was first notified of the investigation on |

Despite the inadvertent nature of the mistake, the fact remains that failure to provide the notification LHM to OIPR in a timely.manner violated the NSIG. Thus, in accordance with the reporting requirements of Section 2.4 of Executive Order 12863, this matter is being reported to the IOB.

b2 b7E

OfiiIUU J»

SEeï®:c-4Hofmann-IOB-1035

V DECLASSIFIED BY 6517 9 UCLP/PLJ/JN ON 07-01-2010

January 29, 2007

BY COURIER


Enclosed for your information is a self-explanatory memorandum entitlèd "Intelligence Oversight Board Matter 2007-631." (U)

The memorandum sets forth details of investigative activity which the FBI.has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism . investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted.

Assi Dir.: Citai. In». , CJIS Finance Info. Bes. _ _ _ Insp. Lab.

(U) Enclosure

Dep. Oir. Chief of ' S la f f_ Off. of Gen.

Counsel_

National See. Personnel _ _ _ OHCMM? Hofmann-IOB-1036 Trainino

Off.ofEHOA Off. of Publie

» Cong. Affa. Director's Office MAIL ROOM •

t

J





1 - Ms. Margaret Skelly-Nolen Acting Counsel Office of Intelligence Policy and Review U.S. Department of Justice Room 6150

Sincerely,


"SBeaKC-Hofmann-IOB-1037

* f *


February 6, 2007

BY COURIER

Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 New .Executive Office Building '725 17th Street, Northwest Washington, D.C. Dear Mr. Friedman:

Enclosed for yoiir information is a self-explanatory marnnranriiyn entitled "Intelligence-.Oversight. Board (IOB) Matter, b2

Field Office, IOB Matter 2007-632.'" (U) b7E

This memorandum sets forth details of investigative activity which the FBI has determined was conducted contrary to The Attorney General's Guidelines for FBI National .Security Investigations and Foreign Intelligence Collection and/or laws, Executive Orders, or Presidential Directives which govern'FBI foreign counterintelligence and international terrorism investigations. (U)

Enclosure 1 - Mr. Hulon 1 - Inspection (IOB 2007-632)

278-HQ-C1229736-VIO —

bo b7C

Dap. Dir. Cbbtât

Staff Off. of Gen.

Counsel Assi. Dir.:

Crim. Inv. CJIS. I Finance Inlo. Res.. Insp.. Lab. National Sec. Personnel _ _ _ Training

Off. c l EEOA Off. of Public

& Cong. Alfs. Director's Office MAIL ROOM O

~3ECrUEg-Hofmann-IOB-1038

Mr. Stephen Friedman


1 - The Honorable Alberto Gonzales Attorney General U.S. Department of Justice Room 5111

1 - Ms Peggy Skelley-Nolan Acting Counsel, Office of Intelligence Policy and Review U.S. Department of Justice Room 6150

Sincerely


inspection Training... ^ o r a t o r y Off.ofEEO N f a ' S e c . Affairs p — Off. of Public & 'erscnnsl Cong.Affs.

2

3ECRET Hofmann-IOB-1039

f ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE


SECUB1!1-DATE: 07-01-2010 CLASSIFIED BY 6517 9 UCLP/PLJ/JN REASON: 1.4 (C) DECLASSIFY ON: 07-01-2035

INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER JFIELD OFFICE

IOB MATTER 2007-632(U)

The Federal Bureau of Investigation ("FBI") has /es determined that in conducting a F 1 ' . Jthe FBII I field office

on

an Atxorney General exemption in order to necessary to the conduct of an

1 failed to obtain

The failure to obtain such approval resulted in the potential violation of several statutes governing th<=> naa of T J In this regard, on I i ruc iaceu a

lof the subìect, a United States person. On

_ Per Section 102(b)(1) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993, Public Law 102-395 (October 6, 1992), extended by Section 815(d) of the Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104-132 (April 24, 1996), as codified in the notes to 28 Ü.S.C. Section 533, and Department of Justice Order 1415-90, dated May 1, 1990,1 |

ZL

j raportsd this matta-r By EC dated 12/11/2006,1 ¿§ A p6SS'ible IOB violation. Because of the fact that may have inadvertently violated these statutes, the matter is being reported to the IOB.

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bl h 2 b7E

b2 b7E

•wnnrrrr OuLilUJl

Hofmann-IOB-1040

DECLASSIFIED BY 6517 9 UCLP/PLJ/JM ON 07-01-2010


Mr. Stephen Friedman Chairman Intelligence Oversight Board • • Room 50209 New Executive Office Building .725-17th Street, Northwest Washington, D.C. Dear Mr. Friedman:


The memorandum sets forth details of investigative activity which the FBI-, has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has aiso been referred.to our Internal Investigations Section, Inspection Division, for a determination•of whether any administrative action is warranted. (U)

Enclosure • 278-HQ-C1229736-VIO •—

Dep. Dir. Chief ol

Staff Off. of Gen.

Counsel Asst. Dir.;

Crfm. Inv. CJIS Finance Into. Res. Insp. La(x National See. Personnel Training


& Cong. Affs. Directors Office

ObcIUBB Hofmann-IOB-1041

MAIL ROOM CD

HD0IU3E Mr. Stephen Friedman




Sincerely


Off. of Public & Cong. Affs.

Off.ofEEO

SBCSffF"-lofmann-IOB-1042


S J Ü X J R E T -

INTELLIG£M^L_Q3iEESIßHT BOARD (IOB) MATTER b2 I I FIELD OFFICE b7E IOB MATTER 2007-642 (U)

By electronic communication dated January 19. 2007, the Federal Bureau of Investigation (FBI),| | Field Office, reported that a| |on a United States Person was initiated onl E The b2 investigation was extended on| [ and closed in b7E I I. The Department of Justice, Office of Intelligence Policy and Review (OIPR), was not notified of the investigation untilf" \ a year after it was initiated and during the entire course of the investigation.

(U) Vg f As provided in |of The Attorney

b2 b7E

General's Guidelines for FBI National Security Investigations and Foreign Tntfillinannfi Collect-ion mSTGl . effective October 31 r 2003, a| \

I I I I Within ten working days of receipt of notice from the field, FBIHQ shall provide notice of the investigation to OIPR and to. the Criminal Division. OIPR shall then notify the Attorney General and Deputy Attorney General.

(&)•-•-toT Under the NSIG, the FBI is reguired to notify OIPR of the opem.ng of a| 1 as outlined above. b2 However, in this case, the FBI failed notify OIPR of the b7E

jduring the entire duration of the jly, the investigation. Accordingly, the failure to submit such notice to

OIPR must be reported to the IOB.

SECRET Hofmann-IQB-1043


February 11, 2007

BY COURIER.

Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 New.Execùtive Office Building 725 17th Street, Northwest Washington, D.C.

Dear Mr. Friedman:

Enclosed for your information is a self-explanatory b2 memorandum entitled "Intelligence Oversight Board (IOB) Matter, b7E

Field Office, IOB Matter 2007-674." (U)

This memorandum sets forth details of investigative activity which the FBI has determined was conducted contrary to The Attorney General's Guidelines for FBI National .Security Investigations and Foreign Intelligence Collection and/or laws, Executive Orders, or Presidential Directives which govern' FBI foreign counterintelligence and international terrorism investigations. (U)

Enclosure 1 - Mr. Hulon 1 -Inspection (IOB 2007-4674)

è - 278-HQ-C1229736-VIO—

bô b7C

Dep. Dir. Chief of

Staff Off. of Gen.

Counsel Asst Dir.:

Crtm. Inv. CJIS Finanoe Info. Res. _ Insp.

National Sec. _ Personnel Training.

Hofmann-IOB-1044 OH. ol E EOA Off. of Public

& Cong. Alfs.; Director's Office HAIL ROOM

1

J

-9ECRBT—




1 - Ms. Peggy Skelley-Nolan Acting Counsel, Office of Intelligence Policy and Review U.S. Department of Justice Room 6150

Sincerely /


Training Off. of EEO Affairs Off. of Public & Cong. Aiis.

2

ODCNDT Hofmann-IOB-1045



"SECRET- DATE: D7-01-2010 CLASSIFIED BY 6517 9 UCLP/PLJ/JN REASON: 1.4 (C) DECLASSIFY ON: 07-01-2035

INTELLIGENCE. OVERSIGHT BOARD (IOB) OFFICE

MATTER b2 b7E

IOB MATTER 2007-674 ((J)

(S) The Federal Bureau of Investigation ("FBI") has determined that in conducting a| Ion

the FBI [ Field Officel 1 failëd to submit üLmi annual letterhead memoranda (LHMs) on a timely basis to FBI Headquarters for transmittal to the Office of Intelligence Policy and Review (OIPR). The failure to provide timely LHMs was a violation of of The Attorney General's

(5)

Guidelines for FBI National Security Investigations and Foreign Intelligence Collection (NSIG) Tn this rpnard. on

in order to

An LHM was submitted on J

I lopened a [-of investigate Information or allegations of During the more recent pendency of the cas*e"J it was required to submit annual LHMs to Headguarters. However, the LHMs that were due on or around I and I ]were not submitted.

| Inasmuch as there was almost during which no LHMs were submittedj_ |

reported the potential IOB by EC dated 01/03/2007. Because of the considerable time lag during which there were no reports submitted to Headquarters, and thus, to OIPR, OIPR was deprived of its ability to provide oversight of the investigation. Thus, the matter is being reported to the IOB.

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SBCKEHfr

Hótrtlahn-lUB-lU4b

b2 b7E

•v

V

DECLASSIFIED BY 6517 9 UCLP/PLJ/JN OW 07-01-2010

March 8, 2007 BY COURIER

Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 New Executive Office Building 725-17th Street, Northwest Washington, D.C. Dear Mr. Friedman:

Enclosed for your infcirmation is a self-explanatory memorandum entitled "Intelligence Oversight Board Matter 2007-701." (U) '

The memorandum sets forth details of investigative activity which the FBI.has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives"which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. ( U )

Enclosure 278-HQ-C1229736-VIO

Oep. Dir. Chief óf

Staff Off. of Gen.

Counsel Asst. Dir.:

Crim. Inv. CJIS Finance Info. Res. _ Insp. Lab. National Sec._ Personnel Training,

-SBeRB*- Hofmann-IOB-1047 Off. of EEOA Off. of Public

& Cong. Alls. Director's Office MAIL ROOM Q

—eeuamani S S w I W H





Sincerely


APPROVED: Director Gen. Cou Deputy Director lnfa Res._

I , Crlm.liw. I . CJIS

Finance.

Inspection Training.

m Off. of Public & Personnel Cong.Affs.

laboratory Off. of EEO •Elicnal Sec. Affairs


i

DECLASSIFIED BY 6517 9 UCLP/PLJ/JN ON 07-D1-2010

SECRET

INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER FIELD OFFICE


^ ^ ß ^ By electronic communication dated January 23, 2007, the •¿edferal Bureau of TnvPfitiaatinn fFRT^I ^JField. Office reported that a initiated on a Nop-U.S• 551

and in J was

closed on lthe case was re-initiated.

FBI Headquarters (FBIHQ) was not provided official notification of the re-initiation of this investigation nor Annual LHM summaries for| |

(U) As provided in of the The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection (NSIG) ï I

b 2 b7E

b 2 b7E

b 2

b7E After receiving the notice from the field office, FBIHQ shall provide notice to the Office of Intelligence Policy and Review (OIPR) and to the Criminal Division. OIPR shall then notify the Attorney General and Deputy Attorney General. The FBI shall also provide the notice of initiation to any relevant United States Attorney's office, subject to authorization by the Criminal Division, in an espionage case. This requirement applies to both U.S. persons and non-U.S. persons.

(U) Furthermore, as set forth in f NSIG. with 'respect to a notify and provide OIPR of the investigation I

of the j the FBI shall

and tne criminal Division with a summary

J ( U ) ^ " " 7

CSSL Also, as set forth in NSIG, with respect to providing OIPR

of the with notice of the

initiation of investigations and annual notices and summaries as provided inl I of the NSIG, I I

b 2

b7E

•b2

b7E

SECKBOJ


"SECRET—

O ^ C I n t h i s instance, the delay in notifying FBI HQ of the re-initiation of the I land the non-submission of Annual LHMs fori |was in violation of the NSIG. Thus, the matter is being reported to the IOB.

- 4 -

i-IOB-1050

DECLASSIFIED BY 6517 9 UCLP/PLJ/JN . ON 07-01-2010


Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 New Executive Office Building 725 17th Street, Northwest Washington, D.C. Dear Mr. Friedman:

Enclosed- for your information is a self-explanatory memorandum entitled "Intelligence Oversight Board Matter 2007-688." (U)

The memorandum sets forth details of investigative activity which the FBI.has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. (0)

Enclosure (J)- 278-HQ-C1229736-VIO—A3

Oep. Otr. Chie f«

Staff Off. of Gen.

Counsel Asst. Olr.:

Crtm. Inv. CJIS Finance Info. Res. _ trap. Lab. National Sec. _ Personnel Training.

-SBewBT Hofmariri-IOB-1051 Off. of EEOA Off. of Public

& Cong. Afls._ Director's Office UAH. ROOM •



Sincerely,


1 - The Honorable Alberto R. Gonzales Attorney General U.S. Department of Justice • Room 5111





SFCffTTT

INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER I ~l FIELD OFFICE IOB MATTER 2007-688 (U)

b2 b7E

|U).: 2007, the Office reported that, on National Security Letter

By electronic communication dated January 25, eral Bureau of Investigation (FBI)L I Field

(NSL) 1 1-HG FRT IRSIIPH A

made bv t.hft FBT on i-ha MST., the >BT obtained!

seeking Due to a typographical error

was nnt-rsiavanr. ro an anrnnri?fln invaar.igarinnf in violation of

]EKiF

b2 b7E

of The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection. Thus, the matter is being reported to the IOB.

(uj w The FBI deleted the information from computer dat abase s,/ahd sequestered the data. The FBI will return the

h 2 b7E

inadvertently obtained data to the data with documentation to the tile.

J or destroy

D e r i D e s l a e s ± £ y " ~ b n : 03

"s=«®«-Hofmann-IOB-1053

• • DECLASSIFIED BY 6517 9 UCLP/PLJ/JN ON 07-01-2010




The memorandum sets forth details of investigative activity which the FBI.has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. ( U )

Dep. Olr. Chief 61

Staff Off. of Gen.

Counsel Asst. Dir.:

Crim. Inv. CJIS I Finance Info. Res. _ Insp. Lab.

Enclosure - 278-HQ-C1229736-VIO-«£3Y/ Ô

National Sec.. Personnel Training.

Off. of EEOA Off. ol Public

& Cong. Alfs. Director's Office

OBCIUBB Hofmann-IOB-1054

MAIL ROOM CD

if ^HuoaBin. OSvnEnr




1 - Mr. Matthew Olsen Deputy Assistant Attorney General National Security Division U.S. Department of Justice Room 2200 C

Sincere!

JpTLe F. Thomas "Deputy General Counsel



SECRET

DATE: 07-01-2010 CLASSIFIED BY 6517 9 UCLP/PLJ/JN REASON: 1.4 (C) DECLASSIFY ON: 07-01-2035

INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER I IFIELD OFFICE


By electronic communication date<j January 17.

(5)

2007, the Federal Bureau of Investigation fFBI) Field Office| | reported that, on t T ] w a s o p e n e d o n a non-U.S.

Idid not send a notification of opening to

b2 b7E

bl b2 b7E

person. FBIHQ within 10 days, as required under the Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection, until[ closed onl [

The investigation was

mi X L indicated that minimal investigative steps were' talcen and we note that no rights were violated. However, because of the late notification, neither FBIHQ nor the Department of Justice's Office of Intelligence Policy and Review had the opportunity to conduct proper oversight of the investigation. Thus, the matter is being reported to the IOB.

b2 b7E

SECRET

Hofmann-IOB-1056

• • IT


February 26,'2007 BY COURIER



The memorandum sets forth details of investigative activity which the FBI.has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives 'which govern FBI foreign counterintelligence and international terrorism investigations." This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative action is warranted. ( U )

Enclosure (T)- 2 7 8 - H Q - C Ì 2 2 9 7 3 6 - V I O — S O

Dep. Dir. Chief of

Staff Off. of Gen.

Counsel Asst. Dir.:

Crtm. Inv. CJIS Finance Info. Res. _ Ins p. Lab. National Sec.. Personnel Training.

-SECRET" Hofmann-IOB-1057 Off. of E EOA Off. of Public

« Cong. Alls. Director's Office MAIL ROOM •

"SE6SEI. Mr. Stephen Friedman

Should you or any member of your staff require additional information concerning this matter, an oral briefing will be arranged for you at your convenience.'(U)




Sincerely


~3EC*B*HHofmann-IOB-1058

ALL INFORMATION CONTAINED HEREIN 13 UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE — S f f C f î F T _

DATE: 07-28-2010 CLASSIFIED BY 65179/DMH/PLJ/3db REASON: 1.4 (c) DECLASSIFY ON: 07-28-2035

(Sh

INTELLIGENCE OVERSIGHT BOARD (IOB) I "~1 DIVISION


MATTER b 2 b7E

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Dei D e c

:ros £y"%ï

•SECRET Hofmann-IQB-1059


March 22, 2007

BY COURIER

Mr. Stephen Friedman Chairman Intelligence Oversight Board New Executive Office Building Washington, DC Dear Mr. Friedman:

Dep. Or. Chief of

Staff Off. of Gen.

Counsel Asst. Dir.:

Crtm. Inv. CJIS I

Info. Res. _ Insp.

Enclosed for your information is a self-explanatory b2 letterhead memorandum (LHM), entitled "Intelligence Oversight b7E Board (U)

(IOB) Matter, DIVISION,. IOB Matter 2007-716."

The LHM sets forth details of investigative activity which the FBI, has determined was conducted contrary to the Attorney General's Guidelines for FBI National Security Investigation's and Foreign Intelligence Collection, arid /or laws, Executive Orders, or Presidential Directives that govern FBI • foreign counterintelligence and international terrorism investigations. (U) Enclosure

0 - 278-HQ-C1229736-VIO—

National Sec.. Personnel Training _


Off, of EEQA Off. o( Public

& Cong. Affs. ' Director's Office MAIL ROOM O

i

Mr?' Stephen Friedman Should you or any member of your staff require

additional information concerning this matter, an oral briefing will be arranged for you at your convenience. (U)



1 - Ms. Margaret A. Skelly-Nolen Acting Counsel Office of Intelligence Policy U.S. Department of Justice Room 6138

Sincerely




SECRET DATE: 07-01-2010 CLASSIFIED BY 6517 9 UCLP/PLJ/JN REASON: 1.4 (C) DECLASSIFY ON: 07-01-2035

INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER I IDIVISION IOB MATTER 2007-716 (Ü)

b2 b7E

The [

( 5 ) I ]Division [

Federal Bufeaù of Investigation ("FBI") ha^ reported a 2 Division identified an asset ,

of the that had been

contacted several times and statistical accomplishments were claimed during a time period in which the | I

had expired.

As soon as (S)

determined that had been contacted several times after the[ , |had expired

¡reported the matter to both NSLB and the Office of Intelligence Policy and Review ("OIPR").


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b ' l

b2 b7D b7E

B W f f m n 1

Hofmann-IOB-1062

* DECLASSIFIED BY ¿517 9 UCLP/PLJ/JN ON 07-01-2010

February 6, 2007

BY COURIER

Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 New.Execùtive Office Building '725 17th Street, Northwest Washington, D.C.' Dear Mr. Friedman:

Enclosed for yoiir information is a self-explanatory memorandum entitled "Intelligence. Oversight Board (IOB) Matter,

Field Office, IOB Matter 2007-634." (0) b2 b7E

This memorandum sets forth details of investigative activity" which the FBI has determined was conducted contrary to The Attorney General's Guidelines for FBI National .Security Investigations and Foreign Intelligence Collection and/or laws, Executive Orders, or Presidential Directives which govern' FBI foreign counterintelligence and international terrorism investigations. (U)

Enclosure 1 - Mr. Hulon 1 - Inspection (IOB 2007-632)

278-HQ-C1229736-VIO—

bo b7C

Dap. Dir. Chief óf

Staff Off. al Gen.

Asst. Mr.: Crini. Inv. _ CJIS Finance _ Info. Res.. Insp. Lab.

D e r i v i D e c

National Sec. _ Personnel Training

Ofl.olEEOA Off. of Public

& Cong. Alfs. Director's Office.

o n :

SECRBID

031^

Hofmann-IOB-1063

MAIL ROOM O

¿jJLUUiT


Should you or any member of your staff require additional information concerning this matter, an oral briefing will be arranged for you at your convenience, (U)

Sincerely,




1 - Ms Peggy Skelley-Nolan Acting Counsel Office of Intelligence Policy and Review U.S. Department of Justice Room 6150

1 - Mr. Lawrence Katz Chief Counsel and Inspector in Charge U.S. Postai Inspection Service Room 3117 475 L'Enfant Plaza, S.W. Washington, D.C.

U W H S DIIBÉ I I I CJIS APPROVED:

Director. Oepuly Director

finance. _6en. Coun, .Info. Res.

Inspection. aboratory_ iationalSec. PR ~

Personnel

.Trainings

. Off. of EEO

. Affairs

.Off. of Public 4 Cong. Affs.

- 2 -

11 PJ'IU'IT Hofmann-IOB-1064

ALI INFORMATION CONTAINED HEREIN 13 UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE


IDATE: 07-01-2010 ^CLASSIFIED BY 6517 9 UCLP/PLJ/JN REASON: 1.4 (C) DECLASSIFY ON: 07-01-2035

INTELLIGENCE OVERSIGHT BOARD (IOB) FIELD OFFICE

MATTER b2 b7E


The Federal Bureau of Investigation ("FBI") has determined that in conducting a

a United States person, the |_ on

field office| |requested and obtained a mail cover on the subject's residential mail. In addition, the United States Postal Service (USPS) regarding the FBI I

1 In this regard, on of thf

extended the investigation. Tn i-CLI

I opened on[ ]

obtained a mail cover on the subjectJ of the mail cover were received in fact that the mail cover only reguested the subject's mail.f

¡requested and rpsi denti a,! mail. Results

Despite the bl b2 b7E

reported this matter as possible IOB violation-:—Because of the fact that

obtained information pertaining to the mail of persons on whom it did not .have a mail cover, the matter is being reported to the IOB.

CSflSSHb ^CRjlUhl

Hofmann-IOB-1065

• • DECLASSIFIED BY 6517 9 DMH/PLJ/JN ON 06-30-201G

April 2, 2007

Mr. Stephen Friedman, Chairman Intelligence Oversight Board New Executive Office Building - Room 50209 725 17th Street, Northwest Washington, DC 2Ó503 Dear Mr. Friedman-:

As you know, in March 2007, the Department of Justice, "Office of the Inspector General (OIG) issued a report entitled, A Review of the Federal Bureau of Investigation's Use- of National Security Letters. In Chapter Six of this report, the OIG identified 22 potential Intelligence Oversight Board (IOB) matters relating to national security letters (NSLs) in its review of a sample of investigative files in four FBI field offices. Enclosed, you will find five (5) summaries of reportable IOB matters. The Office of the General Counsel (OGC) has determined that the-other 17 matters are' not reportable. As • always, the FBI will retain copies of those decisions for your review upon request. '

The OIG divided the 22 potential IOB matters into three categories: improper authorization (1), improper requests under -the pertinent NSL statutes (11), and unauthorized, collections (10).

Improper authorization: OGC has determined that the one instance of improper authorization should be reported as an IOB matter. Please see enclosed summary for IOB Matter.2007-733. Enclosures

^ p - 278-HQtC1229736-VIO•

Dep. Olr. Chief of

Staff Off. of Gen.

Counsel Asst. Dir.:

Crtm. Inv. CJIS Finance Into. Res. _ Insp. SECRET National Sec. Personnel Training


a Cono. Alts. OlrectorH Office ma i l ROOK

Hofmann-IOB-1066

Improper requests under pertinent NSL statutes: OGC has determined that four of the instances noted by the OIG should be reported as IOB mattE-HS PIPSSP spp PnrlngpH gnnrniar IOB Matters, 2007-720 (issuing an NSL requesting financial records but citing Electronic Communications Privacy Act (ECPA), among other administrative errors); and 2007-733 (issuing NSLs for full credit reports in counterintelligence cases (2 instances)).

es for 2007-718

the b2

OGC has determined that the other seven instances are not reportable IOB matters. In three instances, the FBI field office issued an NSL requesting a full credit report under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681v, however, certification language from the Right to Financial Privacy Act (RFPA), 12 U.S.C. 3414(a)(5)(A) was used later in the NSL. All three are international terrorism cases, and therefore, the FBI was lawfully authorized to request and obtain the full credit reports. As the RFPA applies to both international terrorism and countintelligence cases, citing the certification language from that statute had no legal impact. The information provided in response to these NSLs was not sequestered because the FBI had issued lawful NSLs for that information.

In the remaining four instances, the FBI field office issued an NSL requesting a full credit report under FCRA, 15 U.S.C. 1681v, but the accompanying electronic communication (EC) mistakenly included language requesting consumer identifying information, 15 U.S.C. 1681u, instead. The mistake in the EC did not alter the investigation in any way, and this scrivener's error, citing 1681u rather than 1681v, did not violate any law. As these were all international terrorism cases and inasmuch as the NSL seeking a full credit report was authorized by the Special Agent in Charge through his or her signature on the NSL, the FBI field office had the proper legal authority to obtain full credit reports. Accordingly, this information was not sequestered.

Unauthorized collections: OGC has determined that none of the ten instances noted by the OIG are reportable IOB matters. Six of these instances involved third-party errors in which the carrier provided information beyond the scope of what was asked for in the NSL. Five times, the carrier provided information beyond the date range requested in the NSL, presumably to comport with its own billing cycle. In one instance, the carrier, a financial services provider, provided information beyond the names/addresses of financial institutions as requested by the NSL. By letter dated 11/13/2006, the Counsel to the IOB agreed that these third-party errors in the collection of information pursuant to an NSL are not reportable to the IOB.

Hofmann-IOB-1067

UEeftsaL» In one instance, in an internal EC documenting the

results of NST, raaneat-.a. the FBI field office mistakenly cited an NSL issued ! as the source of the subscriber information in the file when, in fact, that information came from an NSL issued I "| As both NSLs were lawfully issued, there was no unauthorized collection. The mistake, if any, was a scrivener's error in documenting the source of the information in the file.

In another error, the accompanying EC b7E . b ° contained a typographical error with respect to one of the phone

numbers being requested in the NSL. The NSL actually served on the provider contained two correct phone numbers. Therefore, there was no unauthorized collection.

One FBI field office served an NSL requesting subscriber information for a particular phone number that was associated with the target of an authorized investigation. In

»"»TOTR-i H o r - i n H i r a t o H t - h a f - t h o n n m l - . P T w a g A F - H i a l l y A N

When the NSL was sent, the number was relevant to an authorized investigation. The fact that it turned out to be something else does not make this art unauthorized collection (or any error at all) .

Finally, one FBI field office requested toll billing records "associated" with a particular phone number. In response, they received information for an associated number. Both the requested number and the associated number were subscribed to by the same individual. The plain language of ECPA and the legislative history support the position that the FBI is permitted to request and acquire information on associated numbers attributable to the same account. Therefore, the NSL was lawfully issued and the results were not an unauthorized collection.

Please find enclosed summaries of the five I0B matters identified by the 0IG report that 0GC has determined are, indeed, reportable. Hopefully, the brief explanations above will satisfy you that the remainder of the 17 potential I0B matter identified by the 0IG report were not, in fact, reportable. As always, however, the FBI has retained copies of the decisions if you wish to review them.

Hofmann-IOB-1068

Mark

Highlight

Please General Counsel

Hr.n'1- hpgitatp to contact me or Associate (202-324-

about any of these IOB matters, b2 if you have questions b6 b7C

Sincerely

Julie F. Thomas Deputy General Counsel National Security Law Branch




Training Off.ofEEO Alfairs Gif. ol Public & Cong. Affs.

¿ECrtEfr

4 Hofmann-IOB-1069

INTE; -SECRET-

DECLA5SIFIED BY 65179 UCLP/PLJ/JH ON 07-01-20X0

ENCE OVERSIGHT BOARD (IOB) I DIVISION

TER

( U )

Federal

IOB MATTER 2007-720 (U) By electronic coirmunicatior^_dai^d_Jl£/23/2007_, the eau of Investigation (FBI) Í Field Office, reported a possible Intelligence Oversight. Board ( TOB) matter t-hai- on I

Js Special Agent In Charge executed a National Security Letter (cISL) pursuant to the

I F.I r,trnnji.c ^CfiTTiinnni.Gfìt.ionfì Pr ivacy Act (jSCPA),..1B TI.S.C. § 2709

h 2 b4 b7D b7E

mtormation to the FBI. ] did ñót ïutnisn thè requested

(U)

L 1 The NSL issued herein received legal counsel approval m thef Field Office, a legal determination having been made that sucn records fall within ECPA, which allows the FBI to obtain "subscriber information and toll billing records information, or electronic communication transactional records." 18 USC § 2709(a).

h 2 bb b7E

b4 b7D

^ uHsfwhile it remains unclear whether statutorily authorized.! Inever provided!!

I N S L w a s —1 Thus,

there was never an unauthorized collection in violation of the NSIG and ECPA; the subjects rights were not violated.

"""yfcsG Nonetheless, in accordance with the reporting requirements of Section 2.4 of Executive Order 12863, this matter is being reported based upon the fact that the NSL may have inadvertently sought information unauthorized by the ECPA. The Office of General Counsel ("OGC") has reported this matter to the FBI's Inspection Division for appropriate action.

D e r i v e Z Dec i«

b2 b4 b7D b7E

3n : 2032

Hofmann-IOB-1070

~"SE€KEX.


C G I TWTRT.T.TpRWrF! OVF.RSTGHT BOARD (IOB) MATTER I FIELD OFFICE

IOB MATTER 2007-733 (U) By electronic communication dated February 22.

2007, the Rnroan nf investigation (FBI) I I Field Office reported that, on June 23, 2UU4, the FBI submitted & NSClSftai Security Letter (NSL) seeking telephone toll billing records relating to a certain target |. Due to confusion as to when the investigation was to have expired, the NSL was erroneously issued after the expiration date of the case. Clarification of the expiration date came to the attention of FBI-I Iduring an Qffice nf Tnsn ector General (OIG) audit in the f FBI{ was asked to sequester the provided phone record^, BUt EflSy responded that the carrier provided them with a letter advising that there were no records associated with the NSL request.

fcgpC By electronic communication dated February 22, 2007. FBH |reported that, on November 23, 2004, FBI-I l-Hiinin i i i Mrrt-wn NST.B in an intelligence investigation seeking| Ipursuant to a statute specifically made avai lama rnr rerT-or-7"5rn mat-tare only. These NSLs were issued I ]- This mistake was an error on the part of FBI-f 1 ' 1 wno has since sequestered all documents received from these erroneously issued NSLs

( U ) : Due to the incorrect actions stated above, FBI-,has taken steps to sequester all documents obtained

from these two incidents. The errors were discovered during an OTG aLnHit. Of the FBI'si ~Field Office in the | |

Despite the inadvertent nature of the mistake, the ract remains that information was improperly collected. The improper collection of this information was a violation of the Attorney General's Guidelines for FBI National Security Investigations. Thus, the matter is being reported to the IOB.

b2 b4 b7D .b7E

b2 b4 b7D b7E

:y onr SECRET

Hofmann-IOB-1071

- X SECRET


INTELLIGENCE OVERSIG. IT BOARD (IOB) MATTER FIELD OFFICE

IÔB MATTER 2007-718

( Ü )

"In-Ur-i «-ion ronnrt-oH on 09/9^/9007 f

security Zepter (NSL) was issued tor Ï la National inancial records I

P b 2

b4 b7D b7E

P |under authority of the Electronic Communications frivacy Act rather than the Right to Financial Privacy Act. The NSL was approved in an EC which also cited the incorrect legal authority and did not articulate the facts supporting its issuance.


Hofmann-IOB-1072

X J i U C ' J E v r H ^ »

- T "

é DECLASSIFIED BY 65179/DMH/PLJ/sdb ON Q7-Q1-2010

March 13, 2007

BY COURIER

Mr. Stephen Friedman Chairman Intelligence Oversight Board Room 50209 New Executive Office Building 725" 17th Street, Northwest Washington, D.C. Dear Mr. Friedman:

Enclosed for your information is. a self-explanatory memorandum entitled "Intelligence Oversight Board Matter 2007.-717." (U) .

\

The memorandum sets forth details of investigative activity which the FBI- has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Internal Investigations Section, Inspection Division, for a determination of whether any administrative' action is warranted. ( U )

Enclosure 1J- 278-HQ-C1229736-VIO

C h W c T T T Staff Off. of G M

Counsel! A s s t D l f . j j ~

Crim. Inv. I CJIS Finance \ Info. Rea!^ Insp._ Lab.. National Sec-T Personnel. Training " r ~

Off- of EEOÄ T 0«. of Public r

» Cong. Alfs. \ Erector's Offici""'

ofmann-IOB-1073

MAIL ROOM à

é






Sincerely


M I ß : Finance.

Director Gen. Ccui

Deputy Director Into. Res.

« 3 £ Training. Off. of EEO Affairs Off. of Public & Cong. Affs.

DECLASSIFIED BY 65179/DMH/PLJ/sdb ON 07-01-2010

( U ) INTELLIGENCE OVERSIGHT BOARD (IOB) DIVISION

MATTER


The[ ] Division of the reported via electronic Federal Bureau of Investigation ("FBI'

communication dated February 21, 2007, that a National Security Letter was served requesting records that were beyond the permissible scope of a National Security Letter. Specifically, the FBI sought to obtainl

[ n | are outside the scope ot records that may be obtained with a National Security Letter. The[

] recognized this error and refused to produce any ]

records in response to the National Security Letter, Accordingly, no records were obtained as a result of the service of this National Security Letter. The FBI rescinded the National Secyritv Latter, and instead served a Federal Grand Jury subpoena

The F e r l e r a I f , r a n r i . T n r y s n h p n p n a and produced

complied with

The FBI's service of a National Security Letter requesting was in violation of The Attorney General's Guidelines for FBI National Security Investigations and Foreign Intelligence Collection, even though no records were obtained in response to the National Security Letter. Thus, the matter is being reported to the IOB.


b2 b7E

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b3

Hofmann-IOB-1075

rf " , «

ALL INFORMATION CONTAINED HEREIN 13 UNCLASSIFIED DATE 07-01-2010 BY 6517 9/DMH/PLJ/sdb

January 19, 2001

BY COURIER

Honorable Warren B. Rudman Acting Chairman Intelligence Oversight Board Old Executive Office Building Washington, D.C. Dear Senator Rudman:

The purpose of this letter is to advise you of past errors in the Federal Bureau of Investigation's administration of the Intelligence Oversight Board (I0B) process, and the results of corrective action completed.

As you know, Executive Order 12863 requires the Inspectors General and the General Counsel of the Intelligence Community components to report to the IOB all information "concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential Directive." Within the FBI, this responsibility is vested in the Assistant Director of the Inspection Division and the General Counsel. In this regard, current Bureau regulations, approved by the IOB, require the Assistant Director, Inspection Division, to refer possible IOB violations to the Office of the General Counsel for review by the Associate General Counsel for National Security Affairs (AGCNSA). In the event that he determines a particular matter should be reported to the IOB, the AGCNSA so advises the Assistant Director, Inspection Division, and he (the AGCNSA) prepares a letter to the IOB 1 - Mr. Parkinson

- Mr. Knowlton Dep. Dir. _ Chief of SuiT_ Off. of Got. Counsd As«. Diri Attain. Sa., Qiiutov... CJIS finance Wo, Ret. _ Uh National Sec.,. OPR OfT.ofPubfc: Trailing. OftofEEOA Dmctcr'» Office.

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Honorable Warren B. Rudman

reporting the intelligence violation. That correspondence is signed by the Assistant Director, Inspection Division, and the General Counsel. In the event that a matter is not required to be reported to the IOB, the AGCNSA advises the Assistant Director that a copy o£ his legal opinion should be retained with the case file for review by the Counsel to the IOB, if requested. Additionally, Bureau regulations require that matters reported to the IOB be reported to the FBI's Office of Professional Responsibility (OPR) by the Inspection Division for possible administrative or disciplinary action.

In August of 1999, following an internal OGC audit of the IOB process, the National Security Law Unit, OGC, informed the Inspection Division of significant delays in reporting IOB violations to OGC, and also questioned whether reportable IOB violations were being referred to OPR as required. Further inquiry determined that, owing to personnel transfers and general unfamiliarity with IOB procedures, the Inspection Division had not been reporting reportable IOB violations to OPR since April, 1997, when responsibility for oversight of the IOB process was transferred from OPR to the Inspection Division. Thus, for approximately twenty-nine months, the FBI's correspondence to the IOB, in which we reported the Bureau's IOB violations and indicated that such violations were being referred to the OPR, was incorrect with regard to the referral of such matters to OPR.

As soon as this problem was identified in 1999, Inspection Division, OGC and OPR representatives met on several occasions to identify those cases which should have been referred to OPR. During the past year, all of those cases have been identified and referred to OPR. Additionally, appropriate measures have been taken to ensure IOB reporting requirements conform to Bureau regulations. This matter was also addressed during OGC's recent inspection by the Inspection Division.

- 2 -

Hofmann-IOB-1077

Mark

Highlight

Honorable Warren B. Rudman

Should you or any member of your staff require additional information concerning this matter, an oral briefing will be arranged for you at your convenience.

Sincerely,

Larry R. Parkinson General Counsel

David R. Knowlton Assistant Director Inspection Division

APPROVED: CrfailiBL

Finisce. Director Ges. Cow Diput/Dteicr Person«» Cong.Aflv__

re.|teybe> Offici

- 3

Hofmann-IOB-1078

\ H DECLASSIFIED BY 65179/DMH/PLJ/sdb ON 07-01-2010

September 26, 2003

BY COURIER

General Brent Scowcroft (USAF Retired) Chairman Intelligence Oversight Board New Executive Office Building Washington, D.C.

Dear General Scowcroft:

Enclosed for your information is a self-explanatory b2

letterhead memorandum (LHM), entitled "Intelligence Oversight b7E

Board (IOB) Matter, 2003-106."

This LHM sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. (U)

Enclosure

1 -1 - Mr. Kelley"

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Dep.D» Chief of Stiff „ Off. of Gai. Counsd Asst.D».; Mnh.Sei._ Crini.Inv. ais Fptnct , Info.R».„ Ub. National Sea, OPR. Off.ofPubtc

& Cong. A f t . . Tnnng. Hofmann-IOB-1082

OffofEEOA Dtrectoc's Office „ rem» MA&.K0OM o

DATE: 07-01-2010 CLASSIFIED BY 65179/DMH/PLJ/sdb REASON: 1.4 (c) DECLASSIFY ON: 07-01-2035

ALL INFORMATION CONTAINED (HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

ODORET

(S) INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER, DIVISION,

2003-106

b2 b7E

Thè Division of the Federal Bureau of Investigation has ^reported that in conjunction with an ongoing

ofl ~| a United States person1, the assigned case agent interviewed a U.S. Postal Carrier who was delivering mail in the subject's neighborhood in| | As a consequence of that interview, the Postal Carrier volunteered to photocopy all mail delivered to the subject's address in response to the case agent's requesting notification if the Postal Carrier saw any unusual mail. The Postal Carrier subsequently provided the case agent with descriptions of five items of incoming mail and the return addresses on those items, and in one instance the Postal Carrier offered his opinion that a particular package contained a VHS tape. A mail cover of the subject's mail had not been authorized when this occurred, nor was one pending. Thus, the tender and receipt of this information were violations of Section 233.3 of U.S. Postal Regulations andl the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations, both of which required the approval of both the Director of the FBI and the Attorney General to implement an authorized mail cover.

A copy of this submission to the IOB has been provided to the FBI's Office of Professional Responsibility and to the Executive Assistant Director for Counterintelligence for action deemed appropriate. (U)

APPROVED: .ttttptdiotLa

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[iOMlStC, . i 011 <f tote* to**»» Person»

Ub <\IXAiO? Nife

tt&àleô

[ (U) A "United States person" is defined in

i i as "a citizen or cne united states lori an align lawtuiiv admitted tor of the Immigration and

b2 b7E

permanent residence (as defined in Naturalization Act) . . . ." See alscj_ Jof the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counter-intelliqçnçe InvestiqaçiQn?. Hofmann-IOB-1083

Mark

Highlight


General Brent Scowcroft (USAF Retired)


1 - The Honorable John D. Ashcroft Attorney General U.S. Department of Justice Room 5111

1 - Mr. H. Marshall Jarrett Counsel, Office of Professional Responsibility U.S. Department of Justice Room 4304

Sincerely

Patrick W. Kelley Deputy General Counsel


September 26, 2003

BY COURIER



Enclosed for your information is a self-explanatory letterhead memorandum (LHM) entitled "Intelligence Oversight Board 114. »

(IOB) (U)

Matter T Field Office, IOB Matter 2003-b2 b7E

This LHM sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. (U)

Enclosure

Dep. Dir. __ Chief cfSl»ff_ Off. of Gen. Couwei , Asa. Dir.: Admit. Ser._ Crin, luv. _ CJIS. Fifuoce _ Info. Res. Lib. Na ¡oral Sec., OPR Off.of Pubbc & Cong. Affi.. Inning.

1 -1 -Mr. Kellev 1 -

S ™ a T W n t ^ c ï ï Î ^ ^ i i C o - trois

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Der^T&^gsoiBcu^^3

issify onT Xlr

^ ^ ^-Hofmann-IOB-1085

Off.of EEOA Dotctof'* Office. M A I L K O O M O

FBI/DOJ





Sincerely


VlUllfe

2

Hofmann-IOB-1086

DATE: 07-01-2010 CLASSIFIED BY 65179/DMH/PLJ/sdb REASON: 1.4 (c) DECLASSIFY ON: 07-01-2035

•ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

-SECRET"

INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER I I FIELD OFFICE IOB MATTER 2003-114 (U)

On May 12, 2003, the Field Office _ of the Federal Bureau of Investigation learned that an

error had occurred in establishing a previously authorized! ] In this regard, on May 7, 2003,1 I received

authority, pursuant to Title 50, United States Code, Section 1 8 4 2 , to initiate a to by on Mav 9 anw r

iann nr.nura nnignnwni i-nvmae un* subscribed initiated

1 wnne the error is not attributable to FBI

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personnel, the resulting.unauthorized surveillance is a matter reportable under Executive Order 12863.

CilflSnf,. CIS fin»ce_

.IcisptdSxu.

. Laboratory. .OfT.dEHJ <i\!LZ>jC&

fttarto Or Ccnnstl Mtft ttepUffflMrfflf la/a.Rw.

NatìotvalSec. Affliti. Ub

PersonneL „«f.dWAi .Cooi.AJfj

Hofmann-IOB-73

DECLASSIFIED BY 65179/DMH/PLJ / 3db November 7, 2003 ON Q7-Q1-201Q

BY COURIER

General Brent Scowcroft (USAF Retired) Chairman Intelligence Oversight Board Old Executive Office Building Washington, D.C.


This letter forwards for your consideration a self-explanatory ent-St-leri "Intelligence Oversight Board (IOB) Matter, Division, IOB Matter 2003-139." (U)

b2 b7E

The enclosure sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. As reflected by the enclosure, the error was atypical and beyond the direct control of the FBI. (U)

Enclosure

1 -| 1 - Mr. Kelley 1,-1 13- 278-HQ-C1229736- t&U

b6 b7C

Dep. Dir. Chief of SufT. Off. of Gen. Counsel Asst. Dir J

Admin. Ser,_ Gmulnv, CJ1S Z France WaR«. _ Lab.

Off. of Putte & Cong. A f f i . Trailing.

Off.ofEEOA Director's Office

_J2eclassÌfy"<5!n—X3

Hofmann-IOB-1088 MAIL ROOM a FBVDOI

Mark

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Sincerely,


C i b i l a * Inspects Tratatoq CJIS tóoratwy Off. ot EEO rmanct x/,xtfakaal Stc

\JlAM5 » O

APPROVED: & I m U>oi Rftsnce

Director Gen.Cct)n»ul L OPR Otpvty O i r e d o r _ _ _ Inia Res. Personr.tl. Director. ,Cen.Ce«n«Uv OPR 0*i i

.Iniaftes, Personwl c * ? « ; __

2

DATE: 07-01-2010 CLASSIFIED BY 6517 9/DMH/ PL J/ sdbl REASON: 1.4 (c, d) DECLASSIFY ON: 07-01-2035

{ H A L L INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

INTELLIGENCE OVERSIGHT BOARD (IOB) MATTER I IDIVISION IOB MATTER 2003-139 (U)

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The Division of

[SJ

the Federal Bureau of Investigation (FBI) has reported that. owing t-o an prrnr on the part of I I

|conductedI I

[SJ bl b2 b 4 h 6 blC b7D" b7E

Although this error is not directly attributable to conduct on the part of FBI personnel, the unauthorized surveillance is nevertheless a reportable matter under Section 2.2 of Executive Order 12863. (U)

APPROVED: . lûîpKÛM, . Utcrztor/_

Derived Declassi

ABORDE

fina« SUiccîlSec,. EtnCous«! f-» ORR Tfiîa Res, FksswîJ

Trâwrç . Off. ot ££0 . Aîfws .Off.olFuiSîi . Cccg.AKj.

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Hofmann-IOB-76


January 4, 2005

BY COURIER



This letter forwards for your information a self-explanatory pprlosnrp entitled "Intelligence Oversight Board ^ (IOB) Matter, Division, IOB Matter 2004-64." (U)

The enclosure sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI National Security Investigations and Foreign Intelligence Collection and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. (U)

Enclosure

1 - Mr. Hulon 1 - Ms. Thomas 1 H 1 -T5ÊIT

278-HQ-C1229736-IQSf

be bic

'CLASSIFIED ENCLOS

Dep. Dir.. Chief of Sufl_ Oft of Gen. Counsel AsstDiri_ Adran. Set,_ dim.. Inv. _ CJ1S Finance Info. Re*. Ub. National Sec. OPR OíT.ofPubüc & Ccn£, Art»., OfT.ofEEOA Dirwiof'j Office.

bfmann-IOB-1091

MAILROOMQ FBVDOI

;T

General Brent Scowcroft (ÜSAF Retired)



1 - Mr. James Baker Counsel, Office of Intelligence Policy and Review U.S. Department of Justice Room 6150

Sincerely


APPROVED: S JnspsctioiL _ laboratory.

Kaiwii lS*

L ^ ^ ^ F L M I « * " « ' ! « » Training.

"manca Oi i tór Gsn.Cc Oe?:.î;Cu\cscr ln!o.R<

C-PR PersonnsL Cor.

2

Hofmann-IOB-78

DATE: 07-01-2010 CLASSIFIED BY 65179/DMH/PLJ/sdb REASON: 1.4 (c, d) DECLASSIFY ON: 07-G1-2035

(S) —tgrntiiii ALL INFORMATION CONTAINED

HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

(S) INTELLIGENCE—OVERSIGHT BOARD (IOB) MATTER J DIVISION

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The _ Bureau of Investigation error in determining the

Division 'FBI") has reporter

of the Federal that. opina to an

conducted 1communications on a

Ito bv the target. bl b2 b7E

On or about |_ translator rfismvprprt that thp niimhsr in question was not being used by personnel from All calls were fully minimized and no lc gs yere created, coverage of was discontinued.

Although this error may not be directly attributable to conduct on the part of FBI personnel, the unauthorized surveillance is nevertheless a reportable matter under Section 2.2 of Executive Order 12863. (U)

Hofmann-IOB-79

k il DATE: 07-01-2010 CLASSIFIED BY 65179/DMH/PLJ/sdb REASON: 1.4 (c, d) DECLASSIFY ON: 07-01-2035 O

ill INFORMATION CONTAINED |HEP.EIN IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

X A o i U ^ August 30,. 2002 BY COURIER

General Brent Scowcroft (USAF Retired) Chairman Intelligence Oversight Board Old Executive Office Building Washington, D.C.

Dear General Scowcroft: Enclosed for your information is a self-explanatory

letterhead memorandum (LHM). entitled "Intelligence Oversight Board (IQB) Matter,I

X J FBI Headquarterj^tfOB Matter 2002-30.'

bl h 2 b 7 E

This LHM sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international, terrorism investigations. This matter has also been referred ,to our Office of Professional Responsibility for a determination of whether any administrative action is warranted. (U)

Enclosure 1 -1 -1 -(T)- OPR (IOB 2002-30)

Mark

Highlight

k Ar

•SECRET



Sincerely,

Kenneth L. Wainstein General Counsel

(S) (S) (S)

NOTEt , Thi^tìtatter was the ffaracfÉor' s Office

Kevin L. Perkins Acting Assistant Director Inspection Division

rejpetred to OGC by EC from INSD to. OGC. dated 07/24/02 and titled\

ffnn ronno in " T^ t-W-i ^ TMQn i m ^ H ^ H n n Hot-OT-mi noH Aho I ; ]

failed to fopaajCii-ifl-iSeOfficeOr Intelligence Policy and Review (OIPR), D0J,| First annual lftM-arhoaH rnamnirandum (LHM> concerning! bnqoing I lof f 1 IAs a result of the error, uifK was not aavisea or tne status of this investigation for nearly two years. This is contrary to the requirements of the Attorney General's Guidelines, and thus must be reported to the IOB.

APPROVED: Birffltor.

Finance. .Gen. Counsel.

I c p y Director info, tes^

. Inspection

. Laboratory, NitfonalSec., OPfl,

. T.'aitiisg

.OH.0IEEO

. Affairs

¡rsoiu»!_ . otf. ot pu>gc a . Cong. Alfs.

bl h 2 he hlC hl E

S|m/o:

Hofmann-IOB-81

DATE: 07-01-2010 CLASSIFIED BY 65179/DMH/PLJ/sdb REASON: 1.4 (c, d) DECLASSIFY ON: 07-01-2035

SECRBT

* ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

(S)

(5)

fci lb 2 b7E

(S) FBI HEADQUARTERS

IOB MATTER 2002-30

T"~riry has determined that in conducting a \ on the]_

e Federal Bureau of Investigation (FBI) failed to comp.lv with tba annual reporting requirements prescribed in

]of the Attorney General Guidelines for FBI Foreign Collection and Foreign rnnntprintplligence Investi-Intelligence

gations fFCIG) opened a|

Tn fhHs sgarri- th^l i; Division on the subject on| I

(and remains) a "United States person^

remi l rs f« of the Foreign Intelligence

Because the subject was that term is used in Section 101(i) SurveiJ1anns Ant nf 1Q7R. continuation of the investigation

that! _|and[ I

as foi b2 b 7 E

12863 to forward the status

comply with the reporting requirements of Executive Order and thft FCTft- Due to an administrative errorJ Ifailed

] first annua 1 Ipfl-prhead memorandum reporting id ] to the Office of

of Justice.1 of this case, due

Intelligence Policy and Review (OIPR), Department As a result of the error, OIPR was not advised of the status of this ongoing investigation for approximately two years. The matter has been reported to the FBI's Office of Professional Responsibility.

Tittofcfl Off.ofcEO OfttfPutlH. i Ceng.«»,

|advised the FBI's Inspection Division that it forwarded the delinquent LHM to the National Security Law Unit (NSLO), Office of the General Counsel, on| ~| NSLU has no record of its receipt.

Hofmann-IOB-82

U.S. Department of Justice

Federal Bureau of Investigation


Washington, D. C. 20535-0001

December 3, 2002

BY COURIER

General Brent Scowcroft (USAF Retired) Chairman Intelligence Oversight Board Old Executive Office Building Washington, D.C. Dear General Scowcroft:

Dep. Dir. Clriof of Siatf _ Off. of Gen. Counsel Assi. Dir.: Admin. S«r._ Crim.. tnv. _ CIIS Finance Info. Res. U b .

Enclosed for your information is a self-explanatory letterhead mpmnranHiim fT.HM . ont--i f-1 "Intelligence Oversight Board (IOB) Matter,f Field Office, IOB Matter 2002-13." ( U )

This LHM sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Office of Professional Responsibility for a determination of whether any administrative action is warranted. (U) Enclosure

Nalioiuil See. OPR

Oit of Public StCong. AHs._ Trainee Off. o f ECO A Director's Office .

Hofmann-IO

MAIL ROOM O

to 2 b7E

FBI/DO]

.3



uase Agent railed to submit the required. 90-day LHM on time owing to personal matters as well as other assigned investigative duties during the time period. The LHM was eventually submitted by| jon| land received by the National Security Law Unit, OGC, onl | The annual LHM was, however, submitted on time. The failure to submit the required 90-day LHM is legally significant as it precluded the Office of Intelligence Policy and Review, Department of Justice^ from conducting meaningful oversight and review of| |ongoing investigation involving a United States person.

Sincerely


ffPfflffifc Simthw: inspection Training Training 01?. laboratory G f f . o f K Q

anal Sec. Affairs financf Basar. Gen. Conn

Into. ft«. Off. o M ^ i c &

BpilrQiraant Personnel. CM?. Aits.

2

Hofmann-IOB-1098

DATE: 07-01-2010 . ' CLASSIFIED BY 65179/DMH/PLJ/sdb REASON: 1.4 (c) SECRBW "ECLASSIFY ON: 07-01-2035

ALL INFORMATION CONTAINED HEREIN IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

(S) TWTBT.T.TqpwrB! nTOBSTflHT BOARD (IOB) MATTER f Ji JFIELD OFFICE IOB MATTER 2002-13 (U)

b2 b7S

t

"hag He^rminofl t-hat- -in rnnrinrt.1 3 0 a I a United "scaces person^ the Federal Bureau ot Investigation (FBI)' failed •tn meat- tha initial (90-day) reporting requirements prescribed in | |of the Attorney General Guidelines for FBI Foreign intelligence Collection and Foreign Counterintelligence Investigations (FCIG) . Tn trlri a rpgarH. ffref* |Field Of fee l~opened a I I on the subject on

J The Case Agent failed to submit the required 90-day LHM on time owing to personal matters as well as other assigned investigative duties during the time period. The LHM was eventually submitted bvi bn I land received by the FBI's National Security Law Unit, Office of the General Counsel, on I I Because the subject was a "United States person11 as that term is used in Section 101 (i) of the Foreign Intelligence Surveillance Act of 1978 (FISA) , continuation of the investigation required thapi iromnlv with the FCIG. Following the opening of the case onl | the 90-day LHM should have been submitted within the rirst three months of the investigation to the Office of Intelligence Policy and Review (OIPR) , Department of Justice (DOJ) . It was not. The annual LHM was, however, submitted on time. The failure to submit the required 90-day LHM is legally significant as it preclyrlnri niPR from conducting meaningful oversight and review of I [ongoing investigation involving a United States person. it is noted that the submission of this matter to the IOB was further delayed for several months by the FBI1s National Security Law Unit. The delayed reporting is directly attributable to other paramount operational requirements. This matter has been reported to the FBI's Office o| Professional Responsibility for action deemed appropriate.

bl b2 foo b7C b7E

APPROVED: Criffl-lnv. Inspection , Training • S Ubotttory .. Oft. of EEO Finar.M . /J^iof l i l Cec Attars , .

ODGRET Iffyxfi, ^b/C ¡,¡¡3 0

Hofmann-IOB'-1099

Director Gen. C o u n ^ / A ^ a m 0«. ol Public S fltputy Doctor Info. Res. Ptrsonnri Cong. Alts.

« n 3-

U.S. Department of Justice DATE: 07-06-2010 CLASSIFIED BY 65179/DMH/PLJ/sdb„ REASON: 1.4 (c) DECLASSIFY ON: 07-0 6-20Ü

al Bureau of Investigation

3


November 25, 2002 BY COURIER


Enclosed for your information is a self-explanatory letterhead memorandum (T.HMi . ftnl-.it.lpri "Intelligence Oversight Board (IOB) Matter. I I I I IOB Matter 2002-10." (U)

This LHM sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Office of Professional Responsibility for a determination of whether any administrative action is warranted. (U)

h 2 b 7 E

Dep. Dir. Chief of Staff _ OIT. of Gen. Counsel Aast Dir.:

Admin. Scr._ CriiD. Luv. _ CJIS Finance Info. Res. Lab. "

Enclosure

-C - Mr. Szadv - OPR (IOB 2002-10) - INSD (278-HQ-1373050)

1 - NSLU Library

Declassify on:

National See. OPR

be b 7 C

OSUKE

CHT. of Public &G»6.Afli._ Training

Off.ofEEOA Director's Office_ FBI/DOJ

MAIL ROOM •

-SBCWST «- 1

General Brent Scowcroft (USAF Retired) • <


Sincerely,


Lynne A. Hunt Assistant Director Inspection Division

(S) NOTE': This matter was referred to the Office of- the General Counsel from the Inspection D^ir^ion to the Director' slrffiFfice and OGC. dated 05/02^002 and titled: I I [ | Sftfi mcio.^ f" On I I the I |Di vision ^ opened a I Ton I ' a "n s. person." that, ¿6 as namiirpH^v fhe FCIG. I \submitted its initial 90-day LHM JD7

Tto FBIHQ!~j ¡further states that, on hi I | it hand-carried the 90-dav LHM to NSLU. OGC, for turtner~submission to OIPR, DOJ. On I I NSLU adviseq____| I that its (OGC's) records did not show the receipt of the 90-day LHM. A review r»f Mis fjaas hvl [showed that the 90-day LHM was submitted tol Ibvl bivision, however, there is no record that the LHM was forwarded to NSLU and OIPR. Accordingly, this matter is being reported to the IOB.

Crim. Inv. Inspection Training_ CJIS Laboratory Off. of EEQ

H o f m a O T f f ' ^ p R i . ^ y f l j l tod fee. Affairs Director— QtnMan\lLL^m .iff ofi Deputy Director l n f < £ f i f s ^ _ _ personnel Off. of Public 4

Cong.Affs.

DATE: 07-01-2010 CLASSIFIED BY 65179/DMH/PLJ/sdb REASON: 1.4 (c) JBT ALL INFORMATION CONTAINED DECLA3SIFY ON: 07-01-2035 HEREIN IS UNCLASSIFIED EXCEPT

WHERE SHOWN OTHERWISE

(S) INTELLIGENCE! OVERSIGHT BOARD (IOB) MATTER


has determined that in conducting a| m r y has rieterm: i (FBI) tailed tc

_ a U.S. person, the Federal Bureau of Investigation (Ffel) tailed to meet the 90-day reporting requirement prescribed in | (of the Attorney General Guidelines for FBI ForeignThteiiigence Collection and Foreign Cm mi-«a v-int-on -i.gence Investigations (FCIG) . In this regard, the

j Division opened its| |ohl I J Because the subject was (and remains) a "United States

fo2 lb 7 E

Ibi h2 fcs "C person" as that term is used in Section 101 (i) of the Foreign

Intelligence Surveillance a<-.t- of i Q7fl (FTSA^ . continuation of the investigation rflrnH r-Rri that I I and I I

I I I comply with the requirements of Executive Order 12863 and the FCIG. | ~laiibm111 its inHtial 90-day letterhead memorandum (LHM) col las required. I Ihas reported the LHM was delivered to the FBI National Security Law Unit (NSLU) for forwarding to the Department of Justice, Office of Intelligence Policy and Review. However, NSLU has no record of having received the LHM. As a consequence, OIPR was'precluded from exercising meaningful oversight and control of this ongoing investigation, which is contrary to the requirements of | pf the FCIG.

Hofmann-IOB-88

(S)

DATE: 07-01-2010 CLASSIFIED BY 65179/DMH/PLJ/sdb REASON: 1.4 (c) DECLA3SIFY ON: 07-Ql-2llJJb ALL INFORMATION CONTAINED

¿[-HEREIN IS UNCLASSIFIED EXCEPT _J^WHERE SHOWN OTHERWISE

NTET.T.TGKrcCE OVERSIGHT BOAT?n (Tom M i T T R P

G> J û Q ù i i r ^ Ü i a i _ i j ^ _ c o n d . \ i c t . i n g ai

Federal Bureau òr Investigation ifbii tai in|_ reporting requirement prescribed in

General Guidelines for FBI Foreign Intelligence Collection and

a U.S. person, the ed Jajeet the 90-day

]of the Attorney

]

Foreign Counterintelligence Investigations JDivision opened its|_

T n <->r i g

] regard, thef on| f Because the subject was (and remains; a "United States person" as that term is used in Section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (FISA) .

I- initially thel -- comply with the requirements of Executive Order 12 863 and FCIG. I Jrwiew of the case showed that, as required by

the FCIG, I ¡submitted to FBI Tteadrniartg-rfl it-.s •initial 90-dav letterhead memorandum (LHM) . However,! J

I tnvolved i" t-ho «-»iror-qiaht of this case. | f and I I failed to forward I 19 0 - day LHM to the Office of Intelligence Policy and Review (OIPR) , Department of Justice (DOJ) . As a consequence of the error, for over a year, OIPR was precluded from exercising oversight and control of this ongoing investigation. whioh is contrary to the requirements of | ~

lof the FCIG. ^

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TSITOWH^

Crlmlnv. : J IS

Deputy Direcferofmäiij'

'inane; .Gen.Cifc&i

o X a Z - HQ-o-

ifwr . Inspection. . Laborîtory, fc'ionsiScc.

Training Off. of EEO Affairs

'ersonoeL , m of Public & . Cong. Alfs,

* U.S. Department of Justice

Federal Bureau of Investigation

DATE: 07-01-2010 CLASSIFIED BY 65179/DMH/PLJ/3db REASON: 1.4 (c) DECLASSIFY ON: 07-01-2035


July 26, 2002 BY COURIER



Enclosed for your information is a self-explanatory letterhead memorandum (LHM). entitled "Intelligence Oversight Roarri (TORI Maf-t-<=»T- ,1 I

I | 3E6B Mat te r 2002-U." (0)

This LHM sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Office of Professional Responsibility for a determination of whether any administrative action is warranted. (U) Enclosure 1 -1 -

(I6B m ' l - Q ) 2 - INSD (1-278-HQ-1373046) 1 - NSL0 Library

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Dq>.Dir. 3 w f o f S t » f f _ J f t of Gal . Counsel Asst. Dir.:

Adniin. Ser._ Ciiin„ Iiiv. _ CJIS Finance fallò. Res. Lab. Nalionnl Sec. OPR "

Off. of Public & Cong. A l i i . _ Training orr.orEEOA

Director's Office

Hofmann-IOB-1104

MAIL ROOM • FBWDOI

^ * - ~ A ¿Ü.LBJL1



Sincerely, V


Thomas B. Locke Acting Assistant Director Inspection Division

(S)


- Mr. H. Marshall Jarrett ..Counsel, Office of Professional Responsibility ÜvS. Department of Justice Roorii 4304

NOTE: This matter .was referred to the Office of the General Counsel (OGC) by EC from the Inspection Division to the! Director's Office and OGC. dated 05/02/2002 and titled:

IIDDDAl/Cn. Cr,mlnv lrspettton_ZJ!V_Training HrrKUiftV. CJIS Laboratory V Off. of EEQ Affairs,

Director G e n Ä s i y i L . T 3 lit. of Public I Deputy Director i n j p t s . Personnel Cong. Affs.

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< < 1 IOB 2002 8." On I I b2 the| I Division opened a| "U.S. person". | T-rwifty nf t-.hff naae snowed tflac. aa required by the FCitST] | submitted its initial 90-day LHM via EC datedl [ o r ] | an annual LHM was submit <-Q TvTRT.TT. oqc. tor further sTTPTtllHHmTl bo OIPR, DOJ. On | I NSLU advisedi I that its (OGC's) records did not 0w the receipt of the 90-day LHM. A review of the nass hvi i

showed that the 90-day LHM was submitted to I ~ b v l f Division, however, the LHM was not forwarded to NSLU and OIPR. Accordingly, this matter is being reported to the IOB.

miijM ^ •7/tf

DATE: 07-01-2010 CLASSIFIED BY 65179/DMH/PLJ/sdb REASON: 1.4 ( c) DECLASSIFY ON: 07-01-2035


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I OB MATTER 2002-9 (U)~

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[ ducting Ta U.S. [ ] person, the

]

Federal Bureau of Investigation (FBIJ tailed to meet the 90-day-reporting requirement prescribed in I A t f c o r n e v

General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Invest- i gat i on a (Ff!Tal . Tn this regard, thel Ipivision opened its I on| I. Because the subject was (ana remains; a "United States person" as that term is used in Section 101 (i) of the Foreign Intelligence Surveillance Act of 1978 (FISA) ,

~ land I T initially thel J ~l I and later the|_

continuation of the investigation required that! I and later thel

-- comply with The requirements of Executive Order 12863 and the FCIG. I Ireview of the case showed that, as required by the FCIS,| [submitted to FBI WeaHrmartera its initial 90 dav letterhead memorandum (LHM). However,| I

I Unvolved in the oversight o£ this case,I and I | failed to forward[ ~~|90-day LHM to the Office H90

m, of Intelligence Policy and Review (OIPR), Department of Justice (DOJ) . As a consequence of the error, for over a year, OIPR was precluded from exercising oversight and control of th-j a ongoing • investigation, which is contrary to the requirements of | |

| |of the FCIG. Ns)/^

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39645. JJSA/OSc"

U.S. Department of'Justice

Federal Bureau of Invt

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DATE: 07-01-2010 CLASSIFIED BY 65179/DMH/PLJ/sdb ^REASON: 1.4 (c) DECLASSIFY ON: 07-01-2035


July 26, 2002 BY COURIER

General Brent Scowcroft (USAF Retired) Chairman Intelligence Oversight Board Old Executive Office- Building Washington, D.C. Dear General Scowcroft:

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This LHM sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred to our Office of Professional Responsibility for a determination of whether any administrative action is warranted. (U)

Enclosed for your information is a self-explanatory letterhead TngmnranHnm (T.HM1 . entitled "Intelligence Oversight Rr>arH fTOTO M a 1 - t - p r.l I and I I IOB Matter 2002-9." (ÏÏ)

Enclosure

Dep. Dir. Chief o f St>ff_ Off. o f Gen. Counsel Asst. Dir.:

Admói. Ser._ Crim.. Inv. _ are Finance Info. Res. Lata.

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( O P R (IOB 2002-9) 2 - INSD (1-278-HQ-1373048)' 1 - NSLU Library

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CLOSURE

ÄEURiii'l1 ""

National Sec._ OPR.

Off. of Public & Cong. Ail's.. Training.

Hofmann-IOB-1107 OftofEEOA Director's Off ice. FB1/DOJ

MAIL ROOM •



Sincerely,


Thomas B. Locke Acting Assistant Director Inspection Division


1 - Mr. H. Marshall Jarrett Counsel, Office of Professional Responsibility

... U.S. Department of Justice Raom 4304

NOTE: This matter was referred to the Office of the General Counsel (OGC) by EC. from the Inspection Division to Director's Office and OGC, dated 05/02/2002 and titled:| |

^the [ ,_. . . 1 tor ?nn? 9." QnI el I Division opened al

a "U.S. person". | Hrsview of the case showed that, as required by the FCIG.I | submitted its initial 90-day LHM via EC datedT I Oil I an annual LHM was submitted to NSTiTT. one. for further_autjmj,ssion to OIPR, DOJ. On | | NSLU advised] |that its (OGC's) records did not snow tiia receipt of the 90-day LHM. A review of the oaae bvl J I I showed that the 90-day LHM was submitted tol lby| f Division, however, the LHM was not forwarded to NSLU and OIPR. Accordingly, this matter is being reported to the IOB.

APPROVED:c,Ini,nK JIS

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.Trafnfop . , . Off. of EEQ

Director rlJatZTTfTT) i , J 'J 3 : ' ! i l Affairs D Z o i i T - r f f i l ^ ^ Off. o f p i i c î

Ceng. Aft*«

/

ê ALL INFORMATION CONTAINED HEREIN-IS UNCLASSIFIED EXCEPT WHERE SHOWN OTHERWISE

DATE: 07-06-2010 CLASSIFIED BY 6517 9 DMH/PLJ/JN REASON: 1.4 (C) DECLASSIFY ON: 07-06-2035

Dep. Dif. QdefofSttlT Off . of Gen. Comsd | n Am. Dif J , Admin, Scr, Cnm.lnv._ CJIS RR... raune« . . Lib..

October 04, 2002

© BY COURIER

ttdfas General Brent Scowcroft (USAF Retired) Chairman Intelligence Oversight Board Old Executive Office Building Washington, D.C.


'Enclosed for your information is a self-explanatory letterhead memorandum (LHM), entitled "Intelligence Oversight Board'(IOB) Matter.I I Division, IOB Matter 2002-42." (U)

This LHM sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also been referred 'to our Office of Professional Responsibility for a determination of whether any administrative action is warranted. (U)

Enclosure

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NtfnulSec... OPX_ OftcfPiMc & Con*. AU».. YfMWfî» Off.ofEEOA Dic«oc'» Office MAU, KOOM O

FBMDO)

•J w t i n

ê



Sincerely,


Lynne A. Hunt Assistant Director Inspection Division

(S)

NOTE:.¿Tfiis case was referre Difrfaadtor's Office and OGC

rred tp^SGC by • 09/23/'

EC from INSD.tr> tht 09/23/02 and titled I

4Z.,r In this instance, tH9" 1 Division assumed. J I0B 2002

that the subject of its|I "non-t

incorrectly, was

-n.a. person" as that term is used in FCIG. |failed to submit 90-day LHM, as required.

undetected until I which the substantive a sufficient basis for E

] when! nit r.Qnc. u r . u .

investigation was therefore ordered closed, andf

J was a As a result, The error went

^submitted an annual LHM/ upon review did not provide

The ] administrative errors were reported as potential IOB matters.

APPROVED: Crcalat CÄS.

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KiÜMilSiC, SIEL «L

Trttfrj .Off. Ol E£0 . «W» •

V»«1'

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.ON.CtPiKicS

.1

1 >


DATE: 07-06-2010 CLASSIFIED BY 6517 9 DMH/PLJ/JN REASON: 1.4 (C) DECLASSIFY OH: 07-06-2035

INTELLIGENCE_üi£EESIßHT BOARD (IOB) MATTER, I IDIVISION ,

IOB MATTER 2002-42 (Ü)

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the! IDivisio avisiorTÏ

has determined that"in conducting a ] a "United States person1,"

€Z3 EoF^Federal Bureau of Investigation 1 (FBI) failed to comply with the 90-day reporting requirements

prescribed in I i of the Attorney General Guidelines for FBI Foreign Intelligence Collectionand Foreign Counter-intelligence Investigations (FCIG).

When this investigation was opened onf ] assumed, incorrectly2, that the subject corporation was a

"non-United States person" as that term is used in section 101(i) of FISA.3 As a result,r I failed to submit a 90-day letter-head memorandum (LHM) setting forth the basis for the initiation of its investigation/ as required fry' Tof the FCIG. These errors went undetected untilI I when| |

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"SECKEW~

X A "United States person" is defined in section 101(i) o£ tntelll«

|U] -Foreign Intelligence Surveillance Act of 1978 (FISA) (codified at 50 U.S.C. b2 § 1801 si sea.) as "a citizen of the United States, an alien lawfully admitted b?E for permanent residence (as defined in section 101(a)(20) o£ the Immigration and Naturalization Act) . . . or a corporation which is incorporated in the United States . . . ." (Emphasis added.) See also section! bf FCIG. 1 1

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the

• 3 (U) See [ ] FCIG.

Hofmann-IOB-97

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# •SECRBÜ?

submitted its first report concerning this investigation, an annual LHM, which FBI Headquarters rfpt-flrminoH imnn r w i w did not provide a pSuffiri^nt basis for a| | Consequently/ I investi nat"> nn w*« nrrisrsri 1 rtse.ri Nevertheless, as a result o^ |initial administrative errors, neither FBI Headquarters nor the Office of Intelligence Policy and Reviejii_JQaoa££njent of Justice, were properly advised •of the status of| |o'ngoing investigation, and/ thus, were precluded from exercxsxng meaningful oversight and review of this case. The errors have been reported to the FBI's Office of Professional Responsibility. ^ (U)

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¿ V

APPROVED: S E ^ S S - z S ? » Otrectof Ofi.c! m t I

ASta'liJ.

- 2

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Hofmann-IOB-1112

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• •

DEC1A3 SIFIED BY 6517 9 DMH/PLJ/JN ON 07-0 6-2010

December 3, 2002

BY COURIER

General Brent Scowcroft (USAF Retired) Chairman Intelligence Oversight Board ' Old Executive'Office Building Washington/ D.C.


Enclosed for your information is a self-explanatory letterhead memorandum_iLHllLi-_Sptitled "Intelligence Oversight Board (IOB) Matter.1 1 Division, IOB Matter 2002-56." (U)

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• This LHM sets forth details of investigative activity which the FBI has determined was conducted contrary to the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations and/or laws, Executive Orders, or Presidential Directives which govern FBI foreign counterintelligence and international terrorism investigations. This matter has also beenreferred to our Office of Professional Responsibility for a determination of whether any administrative action is warranted. (U) _ . . T & J ' t f » - * ^ ' Enclosure / 1

D e p . D i . C h i e f o f S t»(T_ O f t o f G e n . Counse l _ _

A s s t . p i : AdBwtScf. G r i m . l a v . _ C I I S f i a n c e l n f o . R e & _ Ub. N u i o n a l S e e . . O P R .

1 -1 - OPR (IOB 2002 1 -I I

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O f f , o f Publ ic & C o o g . A l f s . . T o à ù i f .

Hofmann-IOB-111

O f f . o i E E O A ^ D i r e c t o r ' s O f l i e c

MAILROOHO raitxu

Mark

Highlight

IS) #


Should you or any member of*your staff require additional information concerning this matter, an oral briefing will be arranged for you at your convenience. (U)

Sincerely,


NOTE: Thi'b /case^WCFS"re %/cas^wSs referred toj3GC by EC from ÏNSD to the ^Dlrefthft^nVft^f^A and OPiP. HaAfeTlO/17/C\7 and t i t l e d Y ^ I

Pivisimffyr^YOB. 2002 56. " In' this case, | [failed,-^ submit to seadquarteTs^^fï^èri^^Çëquest to extena an assetl I or convert the subject to an approved operational asset. The errors of oversight and administration are reportable to the IOB.

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ADDDnirrn. c,in-!ri* T ^ H t T n U i t U . as uiwa«y «toit». '

Tmu^jQf^JÂ ifflMi DkectOf GuiXisMm^f^ Off. ot P«tìc Ì 0ep«0ifect<M Mo.Ha. PÌISOMÌI Ciftg.AUJ,

- 2 -

Hofmann-IOB-100

#

DECLASSIFIED BY 6517 9 DMH/PIJ/JH ON 07-06-2010

INTELLIGENCE_£iZEBSIfiBl BOARD (IOB) MATTER I I D I V I S I Q N

2002-56 (U)

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-ipn of this IOB matter has determined that, on I I the I jDivision | | initiated a| I on an FBI international terrorism asset who was (and remains) a ^United States person" as that term is used in Section 101(i) of the Foreign Intel-ligence Surveillance Act of 1978 (FISA).1 Thus, continuation of thel ¡required thatf I comply with the requirements of ^ Executive Order 12863 and the Attorney General Guidelines for FBI b7E Foreign Intelligence Collection and Foreign Counterintelligence Investigations (FCIG). During a ¡file review conducted by the case agent onl I it was determined that as a consequence r>f aHmin< «fry**--»w arrnrr authority to continue the| | had expired on| and that the field division haa not submitted a request tol H | I n o r had a request to extend the| Ibeen submitted for Headquarters' approval. During the period of the overrun, I ~~1 I | This was contrary to the requirements of the FCIG and administrative regulations promulgated by FBI Headquarters. The matter has been reported to the FBI's Office of Professional Responsibility.

flnnn/urrn. „tajecs* Trmg flPPRuVtU: MS iilvm Oft. ot 660 0ff.0f PuMC 4

lfito.Bts, testMfl Cuq.AKi

IU| A "United States person" is defined in section 101 (i) of the b2 Foreign Intelligence Surveillance Act (FISA)(codified at 50 U.S.C. § 1801 et fc7S

as "a citizen of the United States tor) an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Naturalization Act) . . . ." See alsd * ^ o f the Attorney General Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations. • ,«„«««,-

Hofmann-IOB-1115

DECLASSIFIED BY 6517 9 DMH/PLJ/JN ON 06-30 …...DECLASSIFIED BY 6517 9 DMH/PLJ/JN ON 06-30-2010...

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