Fwd: [EXTERNAL] Re: [OpenRecords] Request FOIL-2023-836-00688 Closed - Mayor Eric Adams and Bitcoin

Sat Feb 3 09:45:31 PST 2024

They are saying below, we may need to go to the Supreme Court.

"...may be appealed to the Supreme Court in a proceeding for review
pursuant to CPLR Article 78."

Gunnar

---------- Forwarded message ---------
From: FoilAppeals (DOF) <FoilAppeals at finance.nyc.gov>
Date: Fri, Dec 22, 2023, 3:46 PM
Subject: RE: [EXTERNAL] Re: [OpenRecords] Request FOIL-2023-836-00688
Closed - Mayor Eric Adams and Bitcoin
To: Gunnar Larson <g at xny.io>
Cc: Best, Joan (DOF) <BestJ at finance.nyc.gov>, FOIL <DOF-FOIL at finance.nyc.gov
>

Dear Gunnar Larson,

I received your appeal email below regarding FOIL 2023-836-00688, which was
submitted on July 16, 2023, and acknowledged by DOF on July 21, 2023.
After informing you of extensions, on December 15, 2023, DOF’s Records
Access Officer sent the response below informing you that “a diligent
search for records responsive to your request did not locate any such
records. Accordingly, your request is denied.” On December 15, you sent
this appeal.

I have reviewed your appeal. DOF’s FOIL office conducted a diligent search
for responsive records of the New York City Department of Finance.  As the
December 15 email explained, the search did not identify any responsive
records of the Department of Finance.  To further address your question
below, DOF’s Records Access Officer did not withhold or redact any
responsive records.  As a result, I affirm the determination of the DOF
Records Access Officer.

Pursuant to Public Officers Law §89(4)(b), a denial of a FOIL appeal may be
appealed to the Supreme Court in a proceeding for review pursuant to
CPLR Article 78.

Thank you,

Dara

Dara Jaffee

FOIL Appeals Officer

Assistant Commissioner, Legal Affairs

NYC Department of Finance

375 Pearl Street, 30th Floor

New York, NY 10038

FoilAppeals at finance.nyc.gov

*From:* Gunnar Larson <g at xny.io>
*Sent:* Friday, December 15, 2023 3:11 PM
*To:* FOIL <DOF-FOIL at finance.nyc.gov>; FoilAppeals (DOF) <
FoilAppeals at finance.nyc.gov>
*Cc:* cypherpunks at cpunks.org; Harris, Adrienne A (DFS) <
Adrienne.Harris at dfs.ny.gov>; letitia.james at ag.ny.gov; Corey Johnson <
district3 at council.nyc.gov>; Reader, Shaun <sreader at curtis.com>;
PressOffice at cityhall.nyc.gov
*Subject:* [EXTERNAL] Re: [OpenRecords] Request FOIL-2023-836-00688 Closed
- Mayor Eric Adams and Bitcoin

You don't often get email from g at xny.io. Learn why this is important
<https://aka.ms/LearnAboutSenderIdentification>

*CAUTION:* This email originated from outside of the organization. Do not
click links or open attachments unless you recognize the sender and know
the content is safe.  Forward suspect email to phish at oti.nyc.gov as an
attachment (Click the More button, then forward as attachment).

Dear Department of Finance (DOF):

xNY.io - Bank.org kindly elects to appeal this response.

xNY.io - Bank.org aims to understand if DOF is suggesting no New York City
records are available. Or, if DOF has redacted in part or withheld due
diligence records in entirety concerning "Mayor Adams to Receive First
Paycheck in Cryptocurrency... Paycheck to Be Automatically Converted Into
Bitcoin and Ethereum" quoted by NYC.gov.

>From our research, there are several New York City records available. For
example:

https://www.nyc.gov/office-of-the-mayor/news/041-22/mayor-adams-receive-first-paycheck-cryptocurrency

Furthermore, New York City's press office has said "Cryptocurrencies are at
the forefront of Web3innovations and can bring greater accessibility to
financial services."

Mayor Eric Adams also touted New York City's approach to digital asset
innovation on Bloomberg radio:

https://www.bloomberg.com/news/articles/2021-11-03/mayor-elect-eric-adams-to-explore-nyc-coin-similar-to-miami-s?embedded-checkout=true

According to Bloomberg, "New York City Mayor-Elect Eric Adams said he
wanted to turn New York into a crypto-friendly city and wagered a “friendly
competition” with the mayor of Miami, who was the first to set up a
so-called CityCoin cryptocurrency.

“He has a MiamiCoin that is doing very well -- we’re going to look in the
direction to carry that out,” Adams said in a Wednesday interview on
Bloomberg Radio. He vowed to “look at what’s preventing the growth of
Bitcoin...""

As a matter of urgency, xNY.io - Bank.org kindly requests DOF's response 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 Fri, Dec 15, 2023, 12:23 PM <donotreply at records.nyc.gov> wrote:

The Department of Finance (DOF) has *closed* your FOIL request
FOIL-2023-836-00688
<https://a860-openrecords.nyc.gov/request/view/FOIL-2023-836-00688> for the
following reasons:

   - A diligent search for records responsive to your request did not
   locate any such records. Accordingly, your request is denied.

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 finance.nyc.gov
<foilappeals at finance.nyc.gov?subject=FOIL-2023-836-00688%20-%20Appeal>
within 30 days.

Please find the attached memo with reference footnotes.

--

March 10, 2023

BY ELECTRONIC MAIL

Ms. Camille Joseph Varlack

Office of the Mayor of New York City

City Hall Park, 260 Broadway

New York, NY 10007 United States

PressOffice at CityHall.NYC.gov

Re: Mayor Eric Adams NYCCoin Touting

Dear Ms. Joseph Varlack:

Today’s memo is to kindly submit xNY.io - Bank.org's inquiry into Mayor
Eric Adams' promotion of NYCCoin.

The federal securities laws are clear that any celebrity or individual who
promotes digital assets must disclose the nature, source and amount of
compensation they received in exchange for the promotion.

As a matter of ethics, risk and compliance associated with digital asset
innovation, xNY.io asks if NYCCoin promotion by the Mayor of New York City
damaged the market for the xNY digital asset (by, for example, devaluing it
through parody or sealed via embossed criticism).

xNY.io - Bank.org concerns made above have evidentiary support to
interlocking director and officer conflicts recognized by the Department of
Justice as potential threats that stifle individual and corporate freedom.

Ms. Joseph Varlack, as a matter relating to working at one of the world's
most ethical companies, famous for risk management and corporate
governance, and as an internationally recognized Blockchain Scholar, I must
adhere to federal securities laws.

As such, I classify Mayor Adams as an individual who promoted the digital
asset NYCCoin and must disclose the nature, scope, and amount of
compensation associated.

A failure to disclose this information may violate the anti-touting
provisions of the federal securities laws. Mayor Adams' making these
endorsements may also be liable for potential violations of the anti-fraud
provisions of the federal securities laws, for participating in an
unregistered offer and sale of securities, and for acting as unregistered
brokers.

xNY.io - Bank.org respectfully requests the Office of the Mayor of New York
City to respond to this request by Wednesday March, 15 2023 by Noon EST.

Respectfully yours with appreciation,

Gunnar Larson - xNY.io - Bank.org

MSc - Digital Currency

MBA - Entrepreneurship and Innovation (ip)

G at xNY.io +1-917-580-8053

---------- Forwarded message ---------

From: <donotreply at records.nyc.gov>

Date: Fri, Jul 21, 2023, 10:22 AM

Subject: [OpenRecords] Request FOIL-2023-836-00688 Acknowledged

To: <g at xny.io>

The Department of Finance (DOF) has acknowledged your FOIL request
FOIL-2023-836-00688.

You can expect a response on or about Tuesday, October 17, 2023.

Additional Information:

Hello, we are extending your request because our office needs more time to
fulfill your request. We are finding and reviewing your requested records
and you should hear from us by the date indicated above. We appreciate your
patience as we subject each page of each record to legal review while
processing other FOIL requests.Thank you for your continued patience.

Please visit FOIL-2023-836-00688 to view additional information and take
any necessary action.

Your request FOIL-2023-836-00688 has been successfully submitted to the
Department of Finance (DOF). The details of your request are shown below.

Request Title: Mayor Eric Adams and Bitcoin

Request Description: Dear Madam or Sir: Mayor Adams announced paychecks
will automatically be converted into cryptocurrency via Coinbase, a secure
online platform for buying, selling, transferring, and storing digital
currency.
https://www.nyc.gov/office-of-the-mayor/news/041-22/mayor-adams-receive-first-paycheck-cryptocurrency
xNY.io kindly requests access to records concerning the payment structure
related to this payment vehicle. Additionally, we would like any records
concerning the City’s due diligence of the online payment platform's
compliance to New York State investigation. Thank you, Gunnar Larson
917-580-8053

Requester's Contact Information

Name:

Gunnar Larson

Title:

Not provided

Organization:

Not provided

Email:

g at xny.io

Phone Number:

Not provided

Fax Number:

Not provided

Street Address (line 1):

406 West 25th Street

Street Address (line 2):

Not provided

City:

New York

State:

NY

Zip Code:

10001

You can view the request and take any necessary action at the following
webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2023-836-00688
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