Category: FBI Records

On or about May 17, 2008, someone in the Cincinnati field office of the FBI discarded a document on Ron Tammen. The document was located in their Classification 190 files, right up front, in the file labeled “0”—known as the zero file. Classification 190 files have to do with the Freedom of Information Act (FOIA) or Privacy Act. As for the 0 files, here’s what the National Archives and Records Administration has said about them: used for administrative and logistical matters but mostly were used for citizen correspondence related to a classification, routine request for information, and general reference materials.

As you may recall, I was a little bemused when I learned that Ron’s 0 record had been destroyed in May 2008, since I also knew that Frank Smith, Butler County’s cold case detective, had reopened the case roughly five months earlier, in January. Butler County is in the Cincinnati field office’s jurisdiction. Why would the FBI have destroyed Ron’s record when they knew the case had been reopened? And did they ever pass along whatever was in the 0 file to Det. Smith? And if the document had to do with the Privacy Act, could it be that Ron Tammen himself had requested that his fingerprints be expunged? That seems…oh, I dunno…significant.

As I mentioned in The Cincy file, I wanted to know more. As you can see in the above graphic, Ron’s now nonexistent document was identified with the ending label “Serial 967,” which means that his was document number 967 within the 0 file, behind number 966 and ahead of 968. I wanted to see who Ron’s neighbors were in the file, so I submitted a FOIA request for all documents numbered between 900 and 999. For example, if the surrounding documents were all fingerprint expungement requests, then I’d be willing to bet that Ron’s now obliterated document was a fingerprint expungement request as well. Today I received 39 documents, which you can review here.

There’s not a lot of information to be gleaned from these documents. Only the titles are provided, which offer at least a glimpse into the 0 file’s contents. Some of the documents are administrative. Some have to do with expungement requests from various people whose names—and all other pertinent information—have been redacted. Some have to do with requests for documents, most likely from people who wanted to review whatever documents that the FBI has on them. And then there’s the beloved redacted category. Here’s a breakdown by subject and the number of documents having to do with each. (Note that I was conservative in my groupings.)

It is what it is—generally, a hodgepodge of requests from a bunch of random people plus some administrative guidance from Criminal Justice Information Systems (CJIS) on expungement and other noteworthy topics. I’m actually a little baffled by the 0 file’s lack of specificity. They couldn’t create separate files for expungement requests versus FOIA requests versus administrative guidelines under Classification 190? They had to toss them all into the same gigantic file?

But let’s not give up just yet. I’ve also come to learn a few additional facts about the Cincinnati file:

• Just because the document number has a “CI” in front of it doesn’t mean that it originated in the Cincinnati office per se. The FBI’s Cincinnati field office encompasses 48 counties in southern Ohio. (Cleveland’s field office has jurisdiction over the remaining 40 counties in northern Ohio.) The Cincinnati field office also comprises resident agencies, which are located in other cities, such as Dayton and Columbus. Ron’s document could have originated in any one of Cincinnati’s resident agencies—we can’t be sure of which one. However, we can be sure that it originated in southern Ohio.

• The Classification 190 files are overseen by the chief division counsel—a lawyer. This person reports directly to the special agent in charge, or the SAC. The SAC heads up the entire Cincinnati field office. 

• The destruction of files is overseen by the administrative officer, and he or she does so on the basis of the document retention schedules we’ve discussed in past blog posts, generally years later. This person also reports directly to the SAC.

• Ever since the FBI automated its files, agents can enter a name and pop up a number of files in which that name appears, regardless of the file’s origin. When the agent working with Det. Frank Smith was conducting his or her search on Tammen in January 2008, all of the relevant files appeared on screen, including Tammen’s Classification 190 record.

• Detective Smith’s file on the Tammen case was given to me by the Butler County Sheriff’s Office after Smith retired. His file contains all of the same FBI documents that I received from FBI Headquarters, with the exception that some portions of his documents had been unredacted (alas, nothing useful concerning Tammen, unfortunately). From what I can tell, he did not receive the 190-CI-0, Serial 967 document on Tammen.

One question I’ve had was whether the 190-CI-0, Serial 967 document was simply Det. Smith’s FOIA request to the Cincinnati office for Tammen’s documents. According to the FBI’s printout (above) of Tammen documents, which I’d obtained from my lawsuit, we don’t know the original date of the document that was destroyed in May 2008. Perhaps the FBI special agent whom Det. Smith was working with had created a record concerning Smith’s request  and he or she didn’t feel the need to send that to Smith as well. But I’ve discounted that theory, since the record was destroyed only five months later, far earlier than normal retention schedules would permit. 

Here’s where my head is at the moment: Document number 190-CI-0, Serial 967 could have been a boring old FOIA request from anyone seeking FBI documents on Ronald Tammen. Perhaps the agent working with Smith saw it and decided it was useless information for Smith’s purposes. (I can’t imagine who the FOIA requester would have been, though. I didn’t submit my FOIA request until 2010 and I think I preceded most others in the Tammen-obsessed public. For anyone reading this who may have submitted a FOIA request on Tammen to the Cincinnati FBI before 2008, please let me know.) Regardless, I’d think that the agent still would have passed the document to Smith. Who knows, the inquirer might have been relevant to Smith’s search. It’s tough to say without a date of origin.

It’s also feasible that Ron Tammen submitted a request to the FBI’s Cincinnati field office (or its resident agencies) to expunge his fingerprints, or, alternatively, that he submitted an information request to the FBI and that’s how he discovered that they’d had his prints. Either way, someone within the FBI may have felt the need to destroy that request in May 2008, five months after they found out that Butler County had decided to reopen his cold case.

Rest assured that Cincinnati hasn’t heard the last of me.

One question I’ve been mulling over lately is how in blue blazes did a document with Ronald Tammen’s name on it housed in the FBI’s Cincinnati office find its way into the agency’s “circular file” mere months after Detective Frank J. Smith of the Butler County Sheriff’s Office had reopened an investigation into Tammen’s disappearance? 

After all, Butler County is in the Cincinnati office’s jurisdiction. If a Butler County detective is actively working the case, you’d think those folks would realize that the record might be of interest. Also, it wasn’t as if the FBI didn’t know that the case had been reopened. They were supposedly providing assistance to Butler County and their counterparts in Walker County, Georgia, as the two offices had joined forces to determine if the remains of a John Doe buried in Lafayette, Georgia, happened to be Tammen.

Their timing seems…oh, I dunno…questionable?

And so, as per yoozh, I needed to investigate.

As we’ve discussed previously, the record in question is #190-CI-0, Serial 967. According to the FBI’s Record/Information Dissemination Section, it was “destroyed on or about 5/17/2008,” five months after Detective Smith and his Georgia counterpart, Mike Freeman, decided to reopen their respective cold cases.So why (again, in blue blazes) did the Cincinnati office feel that the time was ripe to destroy that particular document THEN? 

Because they’d been so helpful in the past, I submitted a Freedom of Information Act (FOIA) request to the National Archives and Records Administration (NARA), asking them for the Standard Form 115 (SF 115) that substantiated the FBI’s destruction of #190-CI-0, Serial 967.

Their FOIA specialist got back to me the next day. You heard me right. He got back to me—with an actual response—on the very next day that I submitted my FOIA request. When it comes to FOIA, NARA is the biggest, baddest bunch of rock stars ever in comparison to all the other federal agencies. They’re the Beatles, Rolling Stones, Tina Turner, The Who, Led Zeppelin, Queen, Aretha, Bruce, I’m gonna say Dire Straits but that’s just me, [fill in name of your all-time favorite artist/band], and James Brown all rolled into one. Put simply, dealing with NARA’s FOIA office is a feel-good experience.

And where do our friends at the FBI and CIA fall on the rock spectrum? I’d say that one could be likened to Milli and the other to Vanilli. (It makes no difference which is which.) They’re usually just mouthing some words, giving us some lip service. If there’s a document they don’t want the public to see, they’ll find a way to withhold it, regardless of whether their reason is justifiable or not, and they’ll stall for as long as humanly possible. It has to do with r-e-s-p-e-c-t. NARA respects FOIA and the public it serves. The FBI and CIA, um, don’t. Strong words, I know, but girl, you know it’s true. (P.S. The Milli Vanilli analogy doesn’t extend to the musicians and singers who backed them up, especially the drummer, who was playing his heart out in the above video. I have more to say about the drummer near the end of this post.)

Here’s what NARA’s FOIA representative told me: 

Agencies do not submit documentation to NARA to substantiate destruction of records. They use approved records schedules to determine the disposition of the records.

Oops. I should’ve checked the online records schedule before submitting my FOIA. But, truth be told, this stuff is confusing and sometimes I need to have things spelled out for me. Also, even if I’d consulted the records schedule first and it had said “Discard after such-and-such timeframe,” I couldn’t imagine that it would have applied to this scenario—during a newly reopened cold case investigation. Surely, there must be a clause that states: “If a document scheduled for destruction is potentially relevant to a newly reopened cold case, of course you should hang onto said document. Good Lord, did you even have to ask?” Or something to that effect.

The NARA rep then explained the file’s numbering system.

FBI File #190-CI-0 is as follows:
1. Classification 190 – Freedom of Information Act/Privacy Acts
2. CI – stands for the field office, Cincinnati, OH
3. “0” – the 0 files were used for administrative and logistical matters but mostly were used for citizen correspondence related to a classification, routine request for information, and general reference materials.

Allow me to interject here that one key difference between the Freedom of Information Act and the Privacy Act is that, with a FOIA request, you’re generally seeking information about someone other than yourself or a specific government program. With a Privacy Act request, you’re seeking information about yourself. OK, carry on, NARA FOIA rep. 

NARA FOIA rep then added:

Classification 190 files do not include the underlying records. 

What he means by this is that the record being requested under FOIA or the Privacy Act—like a fingerprint record, for example—wouldn’t be part of the Classification 190 file. But correspondence that pertains to that record—e.g., “Dear Sir or Madam: Please expunge my fingerprints because blah blah blah and OH MY GOD CAN YOU EVEN IMAGINE HOW A SENTENCE LIKE THAT MIGHT HAVE ENDED?!”—would. That’s just an example off the top of my head, mind you. We’ll never know what Ronald Tammen’s document actually said because, as I believe I’ve pointed out several times already, the FBI’s Cincinnati office destroyed it in the middle of Butler County’s reopened investigation.

NARA’s FOIA representative then sent me a link to the FBI’s applicable records schedule, N1-065-82-04,and he referred me to the pages having to do with field offices, which was Parts C and D. There’s a lot of overlap and plenty of room for judgment calls. Also, this is the honor system, an idyllic system of hope and trust whereby doing the right thing is expected and doing the wrong thing, well, I suppose that can happen too.

What Part C says

Of all the parts of the 309-page records schedule, Part C is the shortest and friendliest, offering up just three pages of general guidelines for FBI field offices regarding what to do with their aging records. I’m posting all three pages for you here.

At the top of page one, it says:

“These authorities apply regardless of the classification” but then they have some caveats concerning what might be discussed in other parts (e.g., Parts D or E), with this important NOTE: “Care must be taken to insure that records designated for permanent retention by other items in this schedule are not erroneously destroyed using authorities in this part.”

Translation: field offices should do what’s in Part C, regardless of classification, but if other parts of the schedule say that you need to do something else, do that. And most importantly, when in doubt, don’t throw it out.

Actually, that reminds me of a story someone told me. When J. Edgar Hoover was director of the FBI, he didn’t want to let go of anything. For decades, the FBI hoarded all of their records and wouldn’t even let folks from the National Archives touch their stuff. It wasn’t until after Hoover died that they finally let NARA in the door to work out a disposition schedule. The FBI changed their policy in part because they were getting a new building in Washington, D.C., so they used that opportunity to get permission from NARA to destroy a lot of their records. (Incidentally, the FBI still isn’t 100 percent onboard with NARA and FOIA and the whole public transparency cause. Although they dutifully send their records over to NARA on the agreed-upon timetable, they have yet to send an index to help NARA navigate their FBI holdings and address any subsequent FOIA requests they may receive.)

Back to Part C. Because Ron’s document was in the “0” file, the Cincinnati office was instructed to “DESTROY” it when it was 3 years old or “when all administrative needs have been met, whichever is later.” 

I suppose it’s possible that the document had coincidentally reached its three-year mark in May 2008. However, even if that were the case (which I don’t believe for one second) I can’t imagine that whoever destroyed it then had determined that all administrative needs had been met when, you know, a cold case investigation had been reopened the next county over. I know at least one detective who might have had an administrative need or two for that document.

There’s another item in Part C that might apply as well. Because Ron’s document is in the Classification 190 category, we know that it had to do with FOIA or the Privacy Act (most likely the latter). Item #9 deals specifically with cases in which the subject requests disposal because “continued maintenance would conflict with provisions of the Privacy Act of 1974.” If that were the reason for destroying the document, then Cincinnati ostensibly should have submitted an SF 115 to NARA beforehand. However, if they’d submitted one, I’m pretty sure I would have received it from NARA when I’d FOIA’d them. (NARA’s FOIA rep’s exact words were: “There are no other records responsive to your request.”) Either item #9 didn’t pertain or, well… ¯\_(ツ)_/¯.

Confused? Stay with me. You’re doing great.

There’s a chance that the folks in Cincinnati also consulted Part D, the guidelines for each of the individual classifications for field offices. This is where things really get complicated. Under Classification 190, we’re told to “See Part C (which we’ve already seen), except for those cases where disposition is governed by General Records Schedule 14.” 

Oh, good, a new records schedule. It’s as if they knew I was growing tired of the first one.

When you go online to find General Records Schedule (GRS) 14, you’ll soon learn that in 2017, it was superseded by General Schedules 4.2, 6.4 and 6.5. However, back in May 2008, federal agencies were still doing things according to the 1998 version of GRS 14.

And if you take a gander at that schedule, you’ll soon be presented with a menu of very strict and specific instructions that depend on what the record is—which, alas, we don’t know because the FBI’s Cincinnati office destroyed it.

But wait. Maybe we can figure out what kind of document it was based on the two dates we already know. We know that Ron’s fingerprints were expunged in June 2002 due to the Privacy Act or a court order, most likely the former. And we also know that in May 2008, the Cincinnati office destroyed a Tammen-related document having to do with FOIA or the Privacy Act, most likely the latter—though we’re less certain about that one. If both actions were due to the Privacy Act, they could be related, with a difference of six years between them. And if we look at the 1998 version of GRS 14, only one Privacy Act-related document specifies waiting six years before it can be destroyed. It’s this one:

• Erroneous release records—files relating to the inadvertent release of privileged information to unauthorized parties, containing information the disclosure of which would constitute an unwarranted invasion of personal privacy.

Maybe that’s the reason they destroyed Ron’s record? It’s impossible to say. But honestly, as I’m wading through the bureaucratic jargonistic blather that is today’s post, annoyed and discouraged and bored out of my mind, I don’t think it matters if the Cincinnati field office was operating under Part C or Part D (or even Part E, the catch-all “Miscellaneous” category for files kept elsewhere) or the old GRS 14—whatever—I still believe they could have turned over Ron’s “0” file document to their law-enforcement partners in Butler County when they had the chance. And make no mistake about it, they had the chance. I’ll tell you why shortly.

Serial 967

There’s one part of Ron’s record that we haven’t discussed the meaning of yet—the number at the end, Serial 967. Serial 967 is what identifies Ron Tammen’s record from everyone else’s in the “0” file. To help you visualize things, picture a metal filing cabinet with a bunch of drawers in it and Classification 190 occupying one of those drawers. (I’m sure it occupies more space than that, but this is just to help us understand the organization.) Now picture the “0” file as a folder inside that drawer in front of all the other folders. The “0” folder holds a large number of documents, and each document has its own serial number, which are arranged in numerical order. When Cincinnati still had Ron’s record, it would have been located pretty far back, between serial numbers 966 and 968.

I have no idea what kinds of documents shared a folder with Ron Tammen’s document, but it might be interesting to find out, mightn’t it? For this reason, I’ve submitted a FOIA request for the documents that surrounded Ron’s—beginning with serial number 900 and ending with number 999. Today, I received a letter of acknowledgement from the chief of the FBI’s Record/Information Dissemination Section letting me know that it was an acceptable request and assigning it a number. If I receive anything of interest, I’ll be sure to let you know.

More on Milli Vanilli’s drummer and how he relates to the FBI’s Cincinnati office

Milli Vanilli’s drummer was Mikki Byron, an accomplished musician who not only played the drums really well, but he also played the guitar, saxophone, and keyboard and sang vocals. In addition to his time spent with Milli Vanilli and the Real Milli Vanilli (the true singers behind Milli Vanilli plus band members), he played in a number of bands, including Mikki Byron and The Stroke, Custom Pink, and the L.A. Ratts. Tragically, Mikki died in 2004 at the age of 36. (As for Milli Vanilli, Rob Pilatus, one-half of the duo, also died tragically in 1998. Fab Morvan, the other half, is still performing.)

Whether or not you’re a fan of Mikki’s music, here’s the point I wish to make: Despite sharing a stage with two guys who were fake singing and whose purported dance moves were just plain awkward, Mikki Byron was for real. He had innate talent and he had training, and he brought everything to the stage when he performed. Fans miss him. They still talk about him. There’s a tribute page on Facebook for him. If you didn’t watch the video of Mikki playing the drums when I mentioned it before, please watch it now. You won’t be sorry.

I was hoping that I’d found my own version of Mikki Byron within the FBI—someone in their ranks who’d be willing to break free of all the stonewalling and duplicity and actually answer a couple simple questions truthfully.

This past Saturday, I sent an email to the Cincinnati office’s community outreach specialist. I said:

I’m wondering if you can help me. For a book and blog that I write, I’m interested in learning more about the Cincinnati field office’s protocol with regard to potentially relevant records during reopened cold cases. 

Specifically, if a cold case has been reopened in a county within your jurisdiction, and the FBI has been made aware that the case has been reopened and is providing assistance, what is the Cincinnati field office’s protocol if it possesses one or more potentially relevant records? 

The outreach specialist responded that day and told me they’d forwarded my email to the appropriate person. That person—whom we’ll refer to as Mikki—responded on Monday morning. Mikki’s emails will be in blue to help you keep track.

Thank you for your message. 

For your background, if the FBI is assisting a local law enforcement agency on a case, relevant records can be shared with the investigators of that agency. If this does not fully answer your question, please provide me with additional details and I will try to provide a more specific answer.

Holy crap, right? Perhaps I’ve finally landed someone who’s willing to address my questions about how they handled Ron’s document.

Here’s me again:

Thank you so much for your quick response. I really do appreciate it. What I’m trying to understand is why the Cincinnati field office destroyed document #190-CI-0, Serial 967 in May 2008 (see attached) when the Butler County Sheriff’s Office had reopened a cold case investigation into the subject of that document, Ronald Tammen, in January 2008 and the investigation was ongoing. It’s my understanding that the records retention schedule for “0” files in field offices appears to allow flexibility for document retention for administrative needs, which I’d think would apply in this case. From what I can tell, it doesn’t appear as if the document was shared with Butler County before it was destroyed, unless you can determine otherwise.

Any information you can offer would be truly appreciated.

And back to Mikki:

Thank you for the added details. My previous response was very general in nature and not pertaining to any specific case or investigation.

Since you are interested in specific case information, it would be best to submit a FOIA request (which you may have already done) or contact the National Press Office (npo@fbi.gov) about any records management questions. 

Thank you.

Riiiiiiight. We tossed it, but you’ll need to talk to those helpful folks over at FBI headquarters about why we went ahead and tossed it.

Here’s me again:

OK, will do. Are you able to say whether you shared the document with Butler County? 

And back we go to Mikki: 

Haha, just kidding. It’s been 5 days. Mikki hasn’t responded and I’m quite certain that he won’t.

On second read, maybe I came on too strong with Mikki. He asked for details and I gave him some. I’m afraid that my details drove Mikki away. 

But you guys, if there was nothing to this mystery—if it was a big fat nothingburger, as they say—he could have said something like: “The document had already been destroyed by the time we learned about Butler County’s renewed efforts. We destroyed it on the basis of Part C, item #2, when the document was three years old.” You know…a credible explanation that could have sent me on my way.

Most telling was that he didn’t answer my question about whether they’d shared the document with Butler County, when, under normal protocol, that’s something they would have done.

There are a few things I can still do to try to learn more about the Cincinnati document on Ronald Tammen, and I will do them, though I won’t put the most promising ones into writing at this point. Will I be asking the FBI’s press office about the file? Oh, yeah, I suppose I’ll do that too, just as I told Mikki, but I can’t  imagine that they’ll say anything other than “The FBI has a right to decline requests.” (I’ve heard that one before.)

I also want to make good on a promise I made to you earlier in this post. Some of you may have been wondering to yourselves whether it was possible that Cincinnati had destroyed the Tammen document without ever knowing that Butler County had reopened its cold case on Tammen. I mean, pleading ignorance is a very understandable and forgivable excuse, and Cincinnati is a big city and Butler County is about 35 miles away. Also, you may recall that it was the FBI’s Atlanta office that had opened the “Police Cooperation” matter for the two sheriff’s offices. Is it possible that Cincinnati had no idea that Butler County had reopened its cold case?

Oh, they knew. They so knew. 

Here’s how I know they knew: In August 2010, just as I was getting started with my little book project, I interviewed Butler County Detective Frank Smith about his investigation. I’d submitted my FOIA request to the FBI for Ron Tammen’s documents several months earlier, and I was still waiting for their response. Frank had also obtained Ron’s FBI documents—the same ones that I would eventually receive. But Frank, being with law enforcement, would be able to go another route to get his documents—one that was much quicker. Frank had contacted someone with the FBI’s Cincinnati field office, likely by phone. He told them that he’d restarted the Tammen investigation and asked if they could send him whatever files they might have on Tammen. 

Can I pin down the precise date that it happened? I can. After Frank Smith retired from the sheriff’s office, I obtained his old file on Tammen. He’d created a log of actions and developments complete with dates and times. Frank Smith had obtained his FBI file on January 22, 2008, at 6:30 p.m. to be exact—just as his investigation was getting started and nearly five months before someone within the Cincinnati office decided to destroy its Classification 190 file on Tammen.