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FOIA - Privacy Act

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The Freedom of Information Act is intended by Congress to bring some measure of transparency to government. It can be used by whistleblowers, journalists, writers or anyone to obtain records of any federal executive agency unless a specific exemption applies. If the agency improperly denies or ignores a request, a requester may file a lawsuit with the United States District Court to obtain an order directing the agency to comply.

An individual may also obtain agency records relating to him or her under the Privacy Act. Again, if the agency improperly denies a request, the requester may file a lawsuit to obtain an order directing the agency to comply. In addition, the Privacy Act imposes civil liability on executive agencies for certain violations of the Privacy Act which cause harm to an individual.

Though records requests and lawsuits (when necessary), Gary Aguirre has obtained tens of thousands of records from federal agencies, including records from the Securities and Exchange Commission demonstrating its unlawful conduct. For more information, see Aguirre v. SEC and Mr. Aguirre’s article, The Dodd-Frank Act: A FOIA Exemption for SEC Misconduct?

 

 


Mr. Aguirre primarily assists clients throughout California including San Diego, Santa Clara, San Francisco, Fresno, Sacramento, Los Angeles, Alameda, Kern and Orange Counties with investor and whistleblower claims involving banks, hedge funds, mutual funds, private equity funds, brokers, and other financial institutions. He focuses on claims arising out of market abuse (e.g., market manipulation, high frequency trading, insider trading, naked shorting), investment fraud, bribes to foreign officials under the Foreign Corrupt Practices Act (FCPA) and the filing of false claims under federal or California law (qui tam statutes). Mr. Aguirre may represent individuals and institutions pro hac vice (in a particular case) in most states, but must first obtain the approval of the forum court, which has been routinely granted in the past. He will also assist individuals from any state or country who seek an award from the Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC) under their whistleblower incentive programs.



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