Brooklyn man sues DOJ for withholding records tied to criminal case


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

A Brooklyn resident has filed a federal lawsuit against the United States Department of Justice and its affiliated offices, alleging improper withholding of records under the Freedom of Information Act (FOIA). 

Plaintiff John Derounian names the Department of Justice, the Executive Office for United States Attorneys, and the Office of Information Policy as defendants in this lawsuit. He alleges that the agencies failed to release records related to his prior criminal prosecution, including materials central to his conviction. His FOIA request, submitted on August 17, 2024, sought documents concerning communications between federal prosecutors and the National Center for Missing and Exploited Children (NCMEC), along with forensic reports tied to allegations involving child sexual abuse material. He contends these records are necessary to assess the reliability and integrity of the evidence presented against him. Despite follow-up efforts, Derounian claims the requested documents have not been provided.

The complaint cites legal precedents such as Brady v. Maryland and Giglio v. United States, which require disclosure of exculpatory or impeaching evidence. Derounian also references ethical rules that obligate prosecutors to reveal material that may mitigate charges or negate guilt. According to the filing, metadata from seized USB drives may be critical in identifying file origin and access history, potentially raising questions about third-party tampering or misattribution of digital evidence.

Derounian seeks injunctive relief requiring the immediate release of the requested records. He asserts that access to the withheld documents is essential to pursue post-conviction remedies. The complaint further alleges that the agencies engaged in bad-faith processing by exceeding FOIA deadlines and using delay tactics to avoid compliance.

The plaintiff is represented by attorney Steven Metcalf. The case was filed in the Eastern District of New York.  under Case No. 25-cv-02546-JAM.

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