Fwd: [OpenRecords] Request FOIL-2023-056-15960 Acknowledged NYPD body cam footage, for NYCCoin Touting.)

Mon Mar 25 23:48:38 PDT 2024

Hello:

This body camera footage is being requested by the individual who is
subject to the footage.

As such, I am appealing this decision.

Gunnar
--
Gunnar Larson
xNY.io - Bank.org
917-580-8053

---------- Forwarded message ---------
From: <donotreply at records.nyc.gov>
Date: Mon, Mar 25, 2024, 9:42 AM
Subject: [OpenRecords] Request FOIL-2023-056-15960 Closed
To: <g at xny.io>

The New York City Police Department (NYPD) has *closed* your FOIL request
FOIL-2023-056-15960
<https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-15960> for the
following reasons:

   - In regard to the document(s) which you requested, I must deny access
   to these records on the basis of Public Officers Law Section 87(2)(b) as
   such information, if disclosed, would constitute an unwarranted invasion of
   personal privacy.
   - Your request under the Freedom of Information Law (FOIL) is denied
   because the records you requested are exempt from disclosure under FOIL
   because they are specifically exempted from disclosure by state or federal
   statute. Public Officers Law sec. 87(2)(a).
   - Your request under the Freedom of Information Law (FOIL) is denied on
   the ground that the records you requested are exempt from disclosure under
   FOIL because disclosure would constitute an unwarranted invasion of
   personal privacy. Public Officers Law secs. 87(2)(b) and 89(2)(b).

You may appeal the decision to deny access to material that was redacted in
part or withheld in entirety by contacting the agency's FOIL Appeals
Officer: foilappeals at nypd.org
<foilappeals at nypd.org?subject=FOIL-2023-056-15960%20-%20Appeal> within 30
days.

On Fri, Jan 12, 2024, 2:59 AM Gunnar Larson <g at xny.io> wrote:

> Dear Honorable Senator Gillibrand:
>
> My name is Gunnar Larson and I am a co-founder at xNY.io - Bank.org.
>
> Today I contact your esteemed office seeking assistance with retrieving
> the NYPD body camera footage mentioned below.
>
> The FOIL request was filed with the NYPD on July 14, 2023. The NYPD
> responded on July 16, 2023, noting a potential delivery date of the body
> camera footage by end of November 2023.
>
> As of today, January 12, 2024 xNY.io - Bank.org has not heard from the
> NYPD on receiving the body camera footage.
>
> Senator Gillibrand, I am concerned delay in receiving this body camera
> footage may disrespect your #MeToo zero tolerance policy. Humbly, the FBI
> should be able to confirm with your office if this is a "Don't Ask, Don't
> Tell" matter.
>
> Ultimately, I am concerned this matter should not impact the pure
> interests of your Lummis-Gillibrand Responsible Financial Innovation Act.
>
> The FBI should be able to be honest with your office concerning your
> Bloomberg Crypto Summit interview with Senator Lummis on the Responsible
> Financial Innovation Act. It is my understanding that the NYPD body camera
> footage could have been staged politically, given xNY's approach to
> NYCCoin.
>
> Senator Gillibrand, your office could offer anyone the opportunity to
> engage the new SDNY program here to protect honest integrity of the NYPD:
> https://www.wsj.com/articles/u-s-attorney-in-manhattan-launches-program-to-encourage-more-self-disclosure-9c445004
> .
>
> Thank you Senator Gillibrand.
>
> Sending you the very best regards,
>
> Gunnar
>
> --
> Gunnar Larson
> xNY.io | Bank.org
> MSc - Digital Currency
> MBA - Entrepreneurship and Innovation (ip)
>
> G at xNY.io
> +1-917-580-8053
> New York, New York 10001
>
>
> ---------- Forwarded message ---------
> From: Gunnar Larson <g at xny.io>
> Date: Wed, Jan 10, 2024, 5:36 AM
> Subject: Re: [OpenRecords] Request FOIL-2023-056-15960 Acknowledged NYPD
> body cam footage, for NYCCoin Touting.)
> To: IABCMDCNTR <IABCMDCNTR at nypd.org>
> Cc: <cypherpunks at cpunks.org>, ethics.sm.records <records at ethics.ny.gov>, <
> ethel at jcrope.ny.gov>, <letitia.james at ag.ny.gov>, Harris, Adrienne A (DFS)
> <Adrienne.Harris at dfs.ny.gov>, <PressOffice at cityhall.nyc.gov>, Reader,
> Shaun <sreader at curtis.com>, <district3 at council.nyc.gov>
>
>
> Good morning NYPD:
>
> Thank you for your Jul 16, 2023 response.
>
> xNY.io - Bank.org did not hear from you on
> November 29, 2023 as promised.
>
> Given the emerging situation in USA cryptocurrency markets, we are going
> to need to follow up with the NYPD every 10 days until we receive the
> NYCCoin touting body camera footage.
>
> Can you please update xNY.io - Bank.org on the status of the footage? We
> have received various replies from the City of New York on Mayor Adams'
> 'first checks in Bitcoin' mentioned here:
> https://www.nyc.gov/office-of-the-mayor/news/041-22/mayor-adams-receive-first-paycheck-cryptocurrency
> .
>
> Have a good day.
>
> Thank you,
>
> Gunnar
>
> --
> Gunnar Larson
> xNY.io | Bank.org
> MSc - Digital Currency
> MBA - Entrepreneurship and Innovation (ip)
>
> G at xNY.io
> +1-917-580-8053
> New York, New York 10001
>
>
> On Mon, Jan 1, 2024, 6:41 AM Gunnar Larson <g at xny.io> wrote:
>
>> Good morning:
>>
>> Happy New Year 2024 to you.
>>
>> Can we please have an update on this matter?
>>
>> Thank you,
>>
>> Gunnar
>>
>> --
>> Gunnar Larson
>> xNY.io | Bank.org
>> MSc - Digital Currency
>> MBA - Entrepreneurship and Innovation (ip)
>>
>> G at xNY.io
>> +1-917-580-8053
>> New York, New York 10001
>>
>>
>> On Fri, Dec 15, 2023, 3:51 PM Gunnar Larson <g at xny.io> wrote:
>>
>>> Hello:
>>>
>>> Thank you for your Jul 16, 2023 response.
>>>
>>> xNY.io - Bank.org did not hear from you on
>>> November 29, 2023 as promised.
>>>
>>> Can xNY.io - Bank.org please receive the
>>> NYPD body cam footage for NYCCoin Touting by December 31, 2023?
>>>
>>> Warm regards,
>>>
>>> Gunnar
>>>
>>> Gunnar Larson
>>> --
>>> Gunnar Larson - xNY.io - Bank.org
>>> MSc - Digital Currency
>>> MBA - Entrepreneurship and Innovation (ip)
>>>
>>> G at xNY.io
>>> +1-917-580-8053
>>> New York, New York 10001
>>>
>>> On Wed, Dec 6, 2023, 11:11 AM Gunnar Larson <g at xny.io> wrote:
>>>
>>>> Hello:
>>>>
>>>> Any updates on the body camera footage mentioned below?
>>>>
>>>> Gunnar
>>>>
>>>> Gunnar Larson
>>>> xNY.io - Bank.org
>>>> 917-580-8093
>>>>
>>>> On Thu, Nov 16, 2023, 7:10 AM Gunnar Larson <g at xny.io> wrote:
>>>>
>>>>> Dear Madam or Sir:
>>>>>
>>>>> I am just confirming that the NYCCoin body camera footage is still on
>>>>> track for November 29, 2023 delivery. Can you confirm as such please?
>>>>>
>>>>> The matter was recorded late March 2023. And xNY.io - Bank.org must
>>>>> close our EOY-23 books.
>>>>>
>>>>> Any further delay of the body camera footage could be a challenge to
>>>>> N.Y. Executive Law, Article 15
>>>>> Human Rights Law, § 296. Unlawful discriminatory practices:
>>>>>
>>>>> 14. ... whether or not accompanied by the
>>>>> person for whom the dog is being trained.
>>>>>
>>>>> 16. It shall be an unlawful discriminatory practice, unless
>>>>> specifically required or permitted by statute, for any person, agency,
>>>>> bureau, corporation or association, including the state and any political
>>>>> subdivision thereof, to make any inquiry about, whether in any form of
>>>>> application or
>>>>> otherwise, or to act upon adversely to the individual involved, any
>>>>> arrest or criminal accusation of such individual not then pending against
>>>>> that individual which was followed by a termination of that criminal action
>>>>> or proceeding in favor of such individual, as defined in subdivision two of
>>>>> section 160.50 of the criminal procedure law, or by an order
>>>>> adjourning the criminal action in contemplation of dismissal, pursuant to
>>>>> section 170.55, 170.56, 210.46, 210.47, or 215.10 of the criminal procedure
>>>>> law, or by a youthful offender adjudication, as defined in subdivision one
>>>>> of
>>>>> section 720.35 of the criminal procedure law, or by a conviction for a
>>>>> violation sealed pursuant to section 160.55 of the criminal procedure law
>>>>> or by a conviction which is sealed pursuant to section 160.59 or 160.58 of
>>>>> the criminal procedure law, in connection with the licensing, housing,
>>>>> employment, including volunteer positions, or providing of credit or
>>>>> insurance to such individual; provided, further, that no person shall be
>>>>> required to divulge information pertaining to any arrest or criminal
>>>>> accusation of such individual not then pending against that individual
>>>>> which was followed by a termination of that criminal action or proceeding
>>>>> in favor of such individual, as defined in subdivision two of section
>>>>> 160.50 of the criminal procedure law, or by an order adjourning the
>>>>> criminal action in contemplation of dismissal, pursuant to section 170.55,
>>>>> 170.56, 210.46, 210.47, or 215.10 of the criminal procedure law, or by a
>>>>> youthful offender adjudication, as defined in subdivision one of section
>>>>> 720.35 of the criminal procedure law, or by
>>>>> a conviction for a violation sealed pursuant to section 160.55 of the
>>>>> criminal procedure law, or by a conviction which is sealed pursuant to
>>>>> section 160.58 or 160.59 of the criminal procedure law. An individual
>>>>> required or requested to provide information in violation of this
>>>>> subdivision
>>>>> may respond as if the arrest, criminal accusation, or disposition of
>>>>> such arrest or criminal accusation did not occur. The provisions of this
>>>>> subdivision shall not apply to the licensing activities of governmental
>>>>> bodies in relation to the regulation of guns, firearms and other deadly
>>>>> weapons or in relation to an application for employment as a police officer
>>>>> or peace officer as those terms are defined in subdivisions thirty-three
>>>>> and thirty-four of section 1.20 of the criminal
>>>>> procedure law; provided further that the provisions of this
>>>>> subdivision shall not apply to an application for employment or membership
>>>>> in any law enforcement agency with respect to any arrest or criminal
>>>>> accusation which was followed by a youthful offender adjudication, as
>>>>> defined
>>>>> in subdivision one of section 720.35 of the criminal procedure law, or
>>>>> by a conviction for a  violation sealed pursuant to section 160.55 of the
>>>>> criminal procedure law, or by a conviction  which is sealed pursuant to
>>>>> section 160.58 or 160.59 of the criminal procedure law. For purposes of
>>>>> this subdivision, an action which has been adjourned in contemplation of
>>>>> dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or 215.10
>>>>> of the criminal procedure law, shall not be
>>>>> considered a pending action, unless the order to adjourn in
>>>>> contemplation of dismissal is revoked and the case is restored to the
>>>>> calendar for further prosecution.
>>>>>
>>>>> Thank you,
>>>>>
>>>>> Gunnar
>>>>>
>>>>> Gunnar Larson
>>>>> xNY.io - Bank.org
>>>>> 917-580-8053
>>>>>
>>>>> n, Jul 16, 2023, 11:03 AM IABCMDCNTR <IABCMDCNTR at nypd.org> wrote:
>>>>>
>>>>>> Mr. Larson,
>>>>>>
>>>>>> The FOIL request you requested was acknowledged and a response will
>>>>>> be on or about Wednesday, November 29, 2023. They will follow-up
>>>>>> with your request. If the request is denied, and you would like to file a
>>>>>> complaint, we will assist you. Have a good day.
>>>>>>
>>>>>>
>>>>>>
>>>>>> *COMMAND CENTER, INTERNAL AFFAIRS BUREAU *
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> This e-mail message and any attachment(s) is intended only for the
>>>>>> person and/or entity to which it is addressed and may contain CONFIDENTIAL
>>>>>> or PRIVILEGED material. Any unauthorized review, use, disclosure or
>>>>>> distribution is strictly prohibited and may violate applicable laws
>>>>>> including the Electronic Communications Privacy Act. If you are not the
>>>>>> intended recipient, please contact the sender by reply e-mail and
>>>>>> delete/destroy all copies of the original message. If you are the intended
>>>>>> recipient but do not wish to receive communications through this medium,
>>>>>> please so advise the sender immediately. Please treat this and all other
>>>>>> communications from the New York City Police Department as LAW ENFORCEMENT
>>>>>> SENSITIVE / FOR OFFICIAL USE ONLY. NO REPORT OR SEGMENT THEREOF MAY BE
>>>>>> RELEASED TO ANY MEDIA SOURCES.
>>>>>>
>>>>>>
>>>>>> ------------------------------
>>>>>> *From:* Gunnar Larson <g at xny.io>
>>>>>> *Sent:* Sunday, July 16, 2023 10:56 AM
>>>>>> *To:* FDSHelpDesk at ethics.ny.gov <FDSHelpDesk at ethics.ny.gov>;
>>>>>> ethel at jcrope.ny.gov <ethel at jcrope.ny.gov>; IABCMDCNTR <
>>>>>> IABCMDCNTR at nypd.org>
>>>>>> *Cc:* letitia.james at ag.ny.gov <letitia.james at ag.ny.gov>;
>>>>>> cypherpunks at cpunks.org <cypherpunks at cpunks.org>; Harris, Adrienne A
>>>>>> (DFS) <Adrienne.Harris at dfs.ny.gov>
>>>>>> *Subject:* Fwd: [OpenRecords] Request FOIL-2023-056-15960
>>>>>> Acknowledged
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> *CAUTION! EXTERNAL SENDER*
>>>>>>
>>>>>> *STOP WHEN UNSURE.*  Never click on links or open attachments if
>>>>>> sender is unknown, and never provide user ID or password.
>>>>>> *Suspicious?*   Please report to this email address:
>>>>>> reportphishing at nypd.org
>>>>>>
>>>>>> Dear New York Ethics Team:
>>>>>>
>>>>>> I am concerned that the FOIL below is subject to obstruction of
>>>>>> justice.
>>>>>>
>>>>>> The FOIL request is for access to NYPD body cam footage, for NYCCoin
>>>>>> Touting.
>>>>>>
>>>>>> Ethics Team, I am concerned that the Chief of your office is also the
>>>>>> Chief of the City Mayor's office.
>>>>>>
>>>>>> The body cam footage should have an agreeable time for delivery. I am
>>>>>> concerned that the Mayor is retaliating against NYCoin and the NYPD may be
>>>>>> aware of this.
>>>>>>
>>>>>> The video would or would not delineate any form of unnecessary force.
>>>>>> The NYPD may be aware of this.
>>>>>>
>>>>>> Obviously, xNY is very protective of digital asset innovation. Ethics
>>>>>> is a serious matter and the body cam footage would be helpful concerning
>>>>>> NYCCoin.
>>>>>>
>>>>>> Sincerely yours,
>>>>>>
>>>>>> Gunnar
>>>>>>
>>>>>> Gunnar Larson
>>>>>> xNY.io - Bank.org
>>>>>> 917-580-8053
>>>>>>
>>>>>>
>>>>>> ---------- Forwarded message ---------
>>>>>> From: <donotreply at records.nyc.gov>
>>>>>> Date: Fri, Jul 14, 2023, 12:25 PM
>>>>>> Subject: [OpenRecords] Request FOIL-2023-056-15960 Acknowledged
>>>>>> To: <g at xny.io>
>>>>>>
>>>>>>
>>>>>> The New York City Police Department (NYPD) has *acknowledged* your
>>>>>> FOIL request FOIL-2023-056-15960
>>>>>> <https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-15960>.
>>>>>>
>>>>>> You can expect a response on or about Wednesday, November 29, 2023.
>>>>>> Additional Information:
>>>>>>
>>>>>> Your request has been assigned to PAA Quagliano (646-610-5296)
>>>>>>
>>>>>>
>>>>>> Please visit FOIL-2023-056-15960
>>>>>> <https://a860-openrecords.nyc.gov/request/view/FOIL-2023-056-15960>
>>>>>> to view additional information and take any necessary action.
>>>>>>
>>>>>
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