Judge Townes

http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=118604

PLAINTIFF’S amended complaint alleged a long, elaborate conspiracy by which—through Mafia connections and insider market manipulation—high-profile Wall Street figures infiltrated securities exchanges and caused the 2008 financial panic. The alleged conspirators purportedly covered up an alleged rape as part of their efforts to shield collaborators and to discredit plaintiff, who claimed to have uncovered the plot. Pursuant to 5 USC §552, plaintiff sought an order compelling the SEC, the U.S. Justice Department and the FBI’s compliance with Freedom of Information Act (FOIA) requests, dating to 1993, related to his allegations. Granting defendants’ motions, the court dismissed plaintiff’s FOIA claims with prejudice. It deemed plaintiff’s pre-2002 FOIA claims statutorily defective and time-barred under 28 USC §2401(a). However, in light of the Second Circuit’s 2006 ruling in Robert v. Department of Justice and other cases, it declined to hold that plaintiff’s failure to exhaust administrative remedies on his FOIA claim deprived it of subject matter jurisdiction. Because his 2002 requests to the SEC and FBI did not comply with applicable regulations, plaintiff failed to exhaust administrative remedies.