My USPS Saga

Last update: January 11, 2021 - 2021-fpro-00488 Response Part 2

The United States Postal Service (USPS) seems to have a massive problem with losing packages in their ISC New York facility. A simple Google search search shows countless people still waiting months or years for a missing package that has been lost there. In particular, it seems packages from Germany are extra problematic; German ex-pat forums are filled with complaints.

In my case, USPS has lost 5 packages in two years - two of which are in the last few months.

The process ususally goes like this: After a few weeks in the ISC NY facility I complain to USPS and usually they tell me the sending Post Office has to open the case. I get the sender to open a case with the German post office which opens a case with the USPS which snail-mail's me a letter asking if I received it. I check the box for "no," send it back, and then the USPS notifies the German post it's "lost" and they notify the sender. No attempt is made to locate the package. Occasionally, I can get a USPS representative to open a case for me, but it's rare.

But I have gone way beyond that routine. I have opened cases with USPS, the Deutsche Post (German post office), and US Customs and Border Protection. I wrote a snail-mail letter to the office of the Vice President of the USPS and sent a request for help to my Senator. USPS says there is nothing they can do since it's "in customs" and on the one package that had a scan of "outbound out of customs" (from ISC New York) they said it was still in customs. The CBP can't do anything, and calls to the actual ISC office go unanswered.

I'm documenting all this here so it doesn't get lost. First the details, then the full body of whatever responses I've kept. It's worth noting that for the first 2 lost packages I spent collectively over 10 hours on the phone with USPS & CBP over the course of a few months.

Packages

I opened a case with CBP over the phone on December 10, 2015. They got back to me via email on December 11th. This response was baffling, and I'm including it here in its entirety.

Response Via Email (Complaints Officer Ravelo-Napoli) 12/11/2015 04:54 PM

Good Afternoon:

Thank you for contacting U.S. Customs and Border Protection (CBP) INFO Center.

1. RE: Tracking: RT877947720DE
Your item has been processed through our sort facility in ISC NEW YORK NY (USPS) at 8:29 am on September 27, 2015.

2. RE: Tracking RG966313539DE

As you are aware, your item was processed through the ISC New York, NY US Postal Service, sort facility as shown in above tracking information; which is an International Sort Facility for the USPS. It is possible that your item was sent from the USPS, ISC NYC USPS to US Customs for examination.

I am still checking regarding your packages, and if I find information, I will be contacting you again. However, in the interim, I am providing below policy regarding CBP handling of international parcels/mail; for your information--

When a package is being examined by CBP the status will be "Inbound US Customs". This means that CBP is examining your package and it will be held until examination is completed. Or, it is possible that the package is on the way to its destination; and the USPS has not updated their Web site with the correct status for your item.

Basically, CBP may detain a package because of lack of a proper invoice, bill of sale or other documentation, a possible trademark violation, or if the package requires a formal entry. Once a package have fulfilled the requirements necessary to effect release, after an examination, CBP will clear the package, note how much duty is owed (if any), and return it to the U.S. Postal Service (USPS) for delivery. If CBP re-sealed a package due to examination, colored tape with the words "Examined by CBP" would be used. Mail parcels must meet United States and international postal requirements regarding weight, size, and measurement.

However, if you package is detained the CBP International Mail Branch holding it will notify you of the reason for detention (in writing) and how you can get it released. Or, if CBP determines that your parcel is subject to seizure under law - for example, if the device contains evidence of a crime, contraband or other prohibited or restricted items or information - then you will be notified of the seizure with a "Notice of Seizure Letter", as well as your options to contest it through the local CBP Fines, Penalties, and Forfeitures Office. Usually, you will receive notification in a matter of days, but it can take as long as 30-45 days.

The Post Office often advises callers to contact CBP, however --we do not track packages into or out of our facilities -and, unless you have a detention notice from CBP with a number to refer to when you call, we will not be able to locate your package even if it is being held by CBP.

You may want to wait few more days and track your package again at the USPS Web site. Again, once CBP completes examination of a package; it is then returned to the U.S. Postal Service (USPS) for delivery. If you believe your package is lost, please contact your US Postal Service Representative to begin a trace.

Thank you for contacting CBP.
CBP INFORMATION CENTER

I responded 4 days later asking if there was an update, but never heard back.

My next step was to send a snail-mail letter to the Vice President of the USPS on the recommendation of one of the countless representatives I spoke to on the phone. It was never responded to, but here it is:

May 10, 2016

James Nemec
Office of the Vice President, USPS
Consumer and Industry Affairs
475 L'Enfant Plaza SW,RM4115
Washington D.C. 20260-2200

Dear Mr. Nemec,

I'm writing to you in regards to problems I've been having with incoming packages to the US. In the past 7 months I've lost 3 packages in the ISC New York sorting facility - all from Germany. The first two were late last year and both had cases opened and were closed unresolved. I now have a third.

I understand mail can get lost. However, there are two concerns I have:

1. Three letters from Germany in seven months all lost in the same facility seems like a systemic failure as opposed to random loss.
2. The USPS representatives I've spoken to tell me they cannot contact the ISC sort facility, nor can I. The only available action is to have the sender inquire with their local post office who can then talk to their international disputes department who can then request info from the ISC facility. USPS then sends me a letter to confirm I didn't receive it, the sender is notified it was lost and the case is closed. I cannot escalate and all discussions happen between remote third parties with no vested interest in the package. This means there is effectively no recourse and no accountability in that facility.

I've spent roughly 10 hours on the phone with over 30 representatives trying to resolve these.

With two of the three packages, the sender was notified the address was incomplete (it was not, it's the Facebook headquarters to which hundreds of packages are delivered daily) which means not only did the container arrive in the US, but that individual letter was seen by the USPS. Yet there was never any scan after entering the ISC facility.

A systemic problem with no accountability is very disturbing in a major operation like the United States Postal Service. I bring it to your attention in hopes you may remedy it at least going forward (and on the remote possibility you may help get my letters found). For reference the tracking numbers and international investigation case numbers (where applicable) are:

Tracking: RG966313539DE (case: DE3386283)
Tracking: RT877947720DE (case DE3403436)
Tracking: RB360866498DE

Thank you for your time,

Phil Dibowitz

In a last desperate attempt to get help, I started Tweeting at them. Finally they responded and asked me to send them the info in DM. What follows is yet another conversation where no one can help.

I managed to get USPS to offer to help via Twitter DM, here's the full text of that.

Nov 21

Me: Thanks for offering to help! My most recent lost package is RR400781435DE - with case number CA135408180. The sender also filed a request and I got a letter from USPS asking if I got the package and that has case number DE4291361. This is the 4th package. The historical ones are RG966313539DE (USPS case DE3386283, CBP case 151210-001998), RB360866498DE, and RT877947720DE (USPS case DE3403436).

USPS Help: This is very unusual. The last number that you have me, does not show in our system at all except for the inquiry, Have you inquired with https://www.deutschepost.de/de.html to verify documentation that it was shipped out of Germany? ^EC

USPS Help: The other tracking numbers are too old for me to be able to look up. ^EC

USPS Help: Other thoughts, are there restrictions to what a person may send our of Germany in the mail? I know Germany has restrictions as to what can be sent into their country. ^EC

Me: The tracking number shows it entering ISC NY

Me: and then leaving ISC NY

Me: RR400781435DE - last status was leaving ISC NY - it **now** doesn't show up the site, but I can show you screenshots from tracking - it used to show up on the site

Me: it definitely made it to the US

Me: and USPS's site even said so. The fact that it's now showing up now is extremely fishy

USPS Help: Okay - I was able to pull an in depth search back to August. There is no conspiracy in these records, just that because of the large amount they must be archived and then deleted after time. Is it possible the item was addressed incorrectly? The tracking does not show a delivery address. ^EC

USPS Help: The way the parcel was sent is supposed to be the most secure way to send out of the country. Are you expecting another parcel anytime soon that we can try to begin monitoring sooner rather than trying to locate old data? I would ask the sender to take a screenshot of the label. ^EC

Me: It was addressed correctly. I have a photo of the label. ANd the sender has sent me several items that have arrived before

Me: I opened a case on this when data was in fact still in the system.

Me: Can we please contact ISC NY and get them to try to find the package?

Me: [Screenshot] There's the history of the package for you

USPS Help: I cannot open the link you sent due to firewall restrictions, but was able to pull an archive record showing that it was inbound from customs on 8/25. The inquiry you filed by calling the International Inquiry Center at 800-222-1811 is when they would have done that. You may only file a claim for Express Mail International and Priority Mail International services. If an inquiry on these types of mailings results in a determination that a package is lost, the Postal Service will send a claim packet to the U.S. sender with instructions on how to file a claim. First class small parcels are not covered under these claims. I am sorry this has continued to happen. ^EC

Me: I got a letter simply asking if I got the package, to which I returned it with "NO" checked.

Me: I've received nothing else

Me: no claim packet

Me: I've had 4 packages in 2 years lots *all* at ISC NYC.

Me: I'd like to figure out how to actually get some of these back

USPS Help: You may only file a claim for Express Mail International and Priority Mail International services. ^EC

USPS Help: Due to the time that has passed since these items processed, I am afraid they are irretrievable. ^EC

Me: This is unacceptable. I filed claim on the 1month mark, but because I couldn't get ahold of anyone at USPS, it's now "too late"

Me: fwiw, the same sender has sent me another package: RR460884256D

USPS Help: Hello according to the tracking for this item, it was last updated arriving at US Customs on November 19th and is awaiting clearance. ^TD

Me: Yes, I can see that. But you asked for a number in transit so you could "watch it" in case anything went wrong... so I was trying to provide that.

USPS Help: Ok I see ^TD

Nov 29

Me: My next package from Germany has again been stuck in ISC NEw York for 10 days: RR460884256DE

Me: since you said I waited too long to report it last time, I'm reporting it now

Dec 12

Me: It still hasn't arrived. Can you please look before the records disappear like the last one?

Me: Hello? Please help!! You asked me to give you the second tracking number

USPS Help: Again this item never arrived from US Customs. ^TD

Me: Yes but it is in the US - and you told me that you could try to track down something if it gets stuck in US Customs again, provided I gave it to you before it had been a month. It's been stuck in US Customs for 3 weeks. It's now the FIFTH package lost in US ISC NY office

Dec 13

USPS Help: I never told you that. ^TD

USPS Help:USPS has no influence over Customs and can only track items that have been turned over to us from Customs. ^TD

With all other options exhausted I sent a so-called "casework request" in to my Senator (Senator Harris) on December 13, 2017. The body of that request was as follows.

Dear Senator Harris' office,

I'm having an extremely frustrating and ongoing issue with the USPS. They have lost 5 packages destined to me from Germany in the last 2 years, and 2 of them in the last 4 months. All of them have been lost at the ISC New York facility. I have filed cases with USPS, filed a case with the German post, spoken to my local post office, filed a CBP case, and sent a letter to the Postmaster General. No one will look into this consistent problem. I don't really know where else to turn, so as your constituent, I'm turning to you, my senator, in hopes you may be able to help.

The most recent two packages from the last 4 months are:
* Tracking number RR400781435DE, USPS case number CA135408180
* Tracking number RR460884256DE, USPS case number DE4329437

Older ones:
* Tracking number RG966313539DE, USPS case number DE3386283, CBP case number: 151210-001998
* Tracking number RB360866498DE
* Tracking number RT877947720DE, USPS case number DE3403436

It doesn't make sense to me that the USPS can continue to lose packages at this rate with no accountability. Any help you can provide would be greatly appreciated.

The casework PDF is attached.

Thank you!

On January 2, 2018 I received a written letter from Senator Harris noting that the emailed forms would not allow her to investigate she need a signed version faxed or mailed, and I faxed her the signed forms on January 3, 2018.

On February 26, 2018 I received a response from Senator Harris. Her office had contacted USPS who had investigated. They found that all items had no information after appearing in NY (duh), and that the next step would be for me to report this as potential internal theft to the OIG. The number they provided for OIG was actually a phone conference center... so I went digging on the OIG's website and found the IG for postal services. I left a message with them on February 28, 2018 at 12:37pm PST.

Left another voicemail with the IG for postal services on March 2, 2018 at 1:30pm PST.

Left another voicemail with the IG for postal services on March 5, 2018 at 2:14pm PST

Dear Senator Kamala Harris,

Thank you for reaching out to the USPS on my behalf regarding consistent loss of tracked incoming international packages.

Unfortunately their suggestion to report it as internal mail theft to the OIG has not proved fruitful. The number they provided you in their response is invalid - it's a conference call center. However, I found the number for the IG of the Postal Regulatory Commission (202-789-6817) on the OIG website. I have called them and left voicemails on 3 occasions but have received no response:

* February 28, 2018 at 12:37pm PT
* March 2, 2018 at 1:30pm PT
* March 5, 2018 at 2:14pm PT

That's nearly 2 months with no response. As you can see, I'm still stuck on this. I'm hoping you have additional avenues to get the OIG to look into this problem of internal loss or possibly theft in the USPS.

Thank you again for your attention on this matter. I have included copies of all previous correspondence for your reference.

Appreciatively,
Phil Dibowitz

I sent it via USPS with tracking (70173380000006518793), and they seemed to have a very hard time delivering it - it went to SF, then Sacramento, then back to SF. Several times it was updated with "bad address" or "no access", but then on May 22nd was "Delivered to reception."

On Tuesday October 9, 2018 at 8:44am, I called Senator Harris' office to follow up and was told they had no record of my letter, but that I could email them since they now had signed casework paperwork. So on October 11 at 10:35pm, I emailed the following slight modification of the previous letter.

Dear office of Senator Harris,

I'm writing to follow up on the existing casework case (attached).

Thank you for reaching out to the USPS on my behalf regarding consistent loss of tracked incoming international packages.

Unfortunately their suggestion to report it as internal mail theft to the OIG has not proved fruitful. The phone number they provided you in their response is invalid - it's a conference call center. However, I found the number for the IG of the Postal Regulatory Commission (202-789-6817) on the OIG website. I have called them and left voicemails on 3 occasions but have received no response:

* February 28, 2018 at 12:37pm PT
* March 2, 2018 at 1:30pm PT
* March 5, 2018 at 2:14pm PT

That's been months with no response. As you can see, I'm still stuck on this. I'm hoping you have additional avenues to get the OIG to look into this problem of internal loss or possibly theft in the USPS.

I sent this letter via USPS to your office on May 8th (70173380000006518793), but apparently your office didn't get it and I was told this week that email would be acceptable.

Thank you again for your attention on this matter. I have included copies of all previous correspondence for your reference.

Appreciatively,
Phil Dibowitz

November 16, 2018

Dear Mr. Dibowitz,

I have received your letter requesting additional assistance regarding your missing packages. I understand your desire to have this issue resolved but I am limited in taking any further action on this matter.

You will need to submit an official complaint to the United States Postal Service Office of Inspector General (USPS OIG) website, https://www.uspsoig.gov/form/file-online-complaint, or mail a signed letter to the USPS OIG office:

USPS OIG
Attn: Hotline
1735 North Lynn Street
Arlington, VA 22209-2020

USPS OIG has stated the following procedure for all complaints submitted for review:

What to expect after you file a Hotline complaint:

Unless you are contacted directly by one of our investigators, there will be no communication from our office, outside of the confirmation that the Hotline received your complaint, and which may advise you that your matter has been referred to another entity for appropriate action, where and if applicable.

Federal regulations prohibit the disclosure of information contained in investigative and law enforcement records, even to the individual submitting the allegation(s).

Our office will NOT provide anyone, including the source of the complaint, with the status of action(s) taken on any allegation. This includes details pertaining to the processing of your complaint. The information you provide will be handled according to our internal policies and guidelines, and appropriate action will be taken as determined.

Once a file is closed, results may be requested under the Freedom of Information Act (FOIA).

If there is some way I can assist you on another federal matter, please feel free to contact me again.

Sincerely,
Kamala D. Harris
United States Senator

The Post Office OIG

Having a new way to contact the OIG, I submitted the form on January 7, 2019, as suggested by Senator Harris. Here's what I put.

I am ...

USPS Customer

Do you wish to remain anonymous?

No

[Omitting contact info here for my own privacy.]

Tracking Number

RG966313539DE, RB360866498DE, RT877947720DE, RR400781435DE, RR460884256DE

Who committed the alleged misconduct/wrongdoing?

Five consecutive packages from Germany have gone missing in the CBP facility in New York. After filing cases with USPS, CBP, and mailing the VP of the USPS, I have not gotten anywhere. I contacted Senator Kamala Harris who, after talking to the OIG directed me to this form.

It seems small packages going through the NY CBP facility are being either stolen, destroyed, or repeatedly lost.

It is my understanding I may have to file a FOIA request to find the results of any investigation which I will do.

What are the facts? What caused the problem? What are the results of the problem? Please be as specific as possible.

The following tracking numbers have all been lost: RG966313539DE, RB360866498DE, RT877947720DE, RR400781435DE, RR460884256DE in the same facility.

It seems likely these small packages are being stolen or destroyed.

I've filed the following cases:
USPS: DE3386283, DE3403436, CA135408180, DE4291361, DE4329437
CBP: 151210-001998, 151210-001998
German post: 1170581923

I've also written to the VP of the USPS, Senator Kamala Harris. No one is able track these or provide any information. You can see all of my correspondence with USPS, CBP, the VP of the USPS, and Senator Harris here: https://www.phildev.net/phil/usps.html

When did the misconduct/wrongdoing occur?

November 11, 2017

Where did the misconduct/wrongdoing occur?

ISC NEW YORK NY

How was the misconduct/wrongdoing committed?

The packages never make it out of the ISC NY facility.

Do you have first-hand knowledge of the misconduct/wrongdoing?

If I knew exactly what happened, I wouldn't need to find this case.

Where can we obtain additional information concerning the misconduct/wrongdoing?

All tracking numbers, case numbers, correspondence and other information can be found at https://www.phildev.net/phil/usps.html

Who else might be aware of the misconduct/wrongdoing?

Anyone who works in the ISC New York facility.

Do you want confidentiality?

No

Are you willing to be interviewed?

Yes

For the "date" I just picked the most recent one.

The Post Office OIG Response

On May 19th, 2020, more than 16 months after my submission, the USPS OIG got back to me with the following form latter:

Thank you for taking the time to contact the U.S. Postal Service Office of Inspector General (OIG) Hotline. Our office will review your concern to see if it falls within the OIG's scope of responsibilities. Unless we contact you directly, you will receive no further communication from our office.

Policy prevents the Hotline from providing additional information.

Sincerely,
The OIG Hotline Team

About us:
The OIG is an independent agency of the Postal Service. Through our audits and investigations we play a key role in maintaining the integrity and accountability of America's postal service. The OIG Hotline was established to provide stakeholders, Postal Service employees, and the American public with a confidential means of reporting incidents of suspicious activity to the OIG concerning fraud, waste, abuse, and misconduct within the Postal Service.

So, it seems like they have not yet started the investigation, but are about to. I've put an event on my calendar for November 1 to file a FOIA request for the results of the investigation.

FOIA Request

On November 29, 2020 I filed a FOIA request through this form in an attempt to get the results of the investigation. The body of the request is below.

On January 17, 2019 I submitted a request to the Post Office OIG at the suggestion of Senator Kamala Harris. I was told by both the OIG and Senator Harris the only way to get the results of that investigation is through an FOIA request, so I'm now requesting any and all information or results from that request, as well as any information regarding the related tracking numbers or cases.

The investigation was regarding 5 consecutive packages from Germany that were mysteriously lost in the "ISC NEW YORK NY" facility between 2015 and 2018: RG966313539DE, RB360866498DE, RT877947720DE, RR400781435DE, RR460884256DE.

The following cases were created:
USPS: DE3386283, DE3403436, CA135408180, DE4291361, DE4329437
CBP: 151210-001998, 151210-001998
German post: 1170581923

This was previously raised with the USPS, CBP, the VP of USPS, and Senator Kamala Harris, before finally filing a Post Office OIG request.

You can find the entire body of my OIG request as well as all correspondence with all agencies here: https://www.phildev.net/phil/usps.html

Records I would like: Everything determined from the Post Office OIG investigation: what happened to the relevant packages, any theft or wrongdoing found in the USPS or CBP related to these packages, the follow up complaints, or the cases created as well as any corrective action taken or planned.

Thanks,
- Phil Dibowitz

So we'll see what I get back...

FOIA Request Confirmation; Filed more FOIA requests

I got a response from the USPS OIG confirming receipt of my FOIA request (number 2021-IGFP-00099) and asking me for some extra info which I sent. They also recommended I file FOIA requests with any other relevant agencies. So I sent CBP the following FOIA request:

Between 2015 and 2018 5 packages were lost in the "ISC New York" facility run by CBP. I've filed two cases with CBP (151210-001998 and 151210-001998) as well as 5 USPS cases, and requested an investigation by the USPS OIG. I am now requesting. via FOIA requests, all records from the various different agencies regarding any of these packages and cases including any investigations and findings therein.

The 5 consecutive packages from Germany that were mysteriously lost in the "ISC NEW YORK NY" facility between 2015 and 2018 are: RG966313539DE, RB360866498DE, RT877947720DE, RR400781435DE, RR460884256DE.

The following cases were created:
USPS: DE3386283, DE3403436, CA135408180, DE4291361, DE4329437
CBP: 151210-001998, 151210-001998
German post: 1170581923

This was previously raised with the USPS, CBP, the VP of USPS, and Senator Kamala Harris, before finally filing a Post Office OIG request.

You can find the entire body of my all correspondence with all agencies here: https://www.phildev.net/phil/usps.html

Records I would like from this FOIA: All records the CBP has regarding any of these packages, the cases related to them, investigations relating to any of these packages/cases, any results from any such investigations, and any corrective action taken or planned.

That request I could do via an online form and I got the following request number: CBP-2021-014414.

In addition I filed this FOIA request to the USPS office:

Between 2015 and 2018 5 incoming packages from Germany were lost by USPS in the "ISC New York" facility. I've filed cases with USPS, CBP, as wells as tried to contact the BP of the USPS, my Senator (Kamala Harris), and requested an investigation with the USPS OIG.

I'm now now requesting - via this FOIA request - any and all records USPS has regarding any of these packages and cases including any investigations and findings therein.

The 5 consecutive packages from Germany that were mysteriously lost in the "ISC NEW YORK NY" facility between 2015 and 2018 are: RG966313539DE, RB360866498DE, RT877947720DE, RR400781435DE, RR460884256DE.

The following cases were created:
USPS: DE3386283, DE3403436, CA135408180, DE4291361, DE4329437
CBP: 151210-001998, 151210-001998
German post: 1170581923

You can find the entire body of my all correspondence with all agencies here: https://www.phildev.net/phil/usps.html

Records I would like from this FOIA: All records USPS has regarding any of these packages, the cases related to them, investigations relating to any of these packages/cases, results from any such investigations, and any corrective action taken or planned.

The request number for this is 2021-FPRO-00488.

FOIA Response

USPS OIG responded to 2021-IGFP-00099. The full text is below, but the short version is the case was opened and closed on the same day and - as far as the FOIA office can tell - absolutely nothing was done on it. That's insane to me. It's unclear to me if I can appeal. I could file an additional request and note that I found they did nothing via FOIA... but it's unclear where that would get me.

12/02/2020
RE: FOIA No. 2021-IGFP-00099

Dear Mr. Dibowitz:

This responds to your November 29 Freedom of Information Act (FOIA) request to the Office of Inspector General (OIG) for records related to your January 2019 Hotline complaint. On November 30, we received your signed OIG Certification of Identity and Privacy Waiver along with a photocopy of your driver's license. You indicate you have filed complaints with the OIG, the Postal Service, U.S. Customs and Border Protection (CBP), and German Post.

The U.S. Postal Service comprises the Postal Service, the U.S. Postal Inspection Service (USPIS); the Postal Rate Commission (PRC); and the OIG; each with its own area of responsibility and individual FOIA office. This response is on behalf of the OIG only.

The Postal Service Records Office establishes procedures to ensure Postal Service records management practices comply with both the FOIA and Privacy Act. The Records Office, along with the St Louis Requester Service Center, is the designated custodian for non-law enforcement Postal Service records; including but not limited to contracting and personnel records. Additional information regarding the Postal Service FOIA program can be found at https://about.usps.com/who-we-are/foia/welcome.htm.

The USPIS is the designated custodian for postal records relating to Postal Service law enforcement issues. The USPIS is a federal law enforcement entity charged with enforcing the Federal statutes involving mail fraud, illegal drugs, external mail theft, and other postal crimes, including revenue deficiencies, and are responsible for safety and security of all postal employees and facilities. Information on the USPIS is available on the Internet at: https://postalinspectors.uspis.gov.

The OIG is an independent agency, created in 1997, with oversight authority over audits and investigations of Postal and Inspection Service fraud, abuse, and misconduct. The OIG's mission is to prevent, detect, and report fraud, theft, and misconduct, and promote efficiency in the operation of the Postal Service.

While the OIG has "oversight authority" for activities of the Postal Service and the U.S. Postal Inspection Service (USPIS), the OIG is a separate agency and does not have management authority over the daily operations of either the Postal Service or USPIS. In addition, the OIG FOIA office does not have access to records maintained by the Postal Service or UPSIS and cannot direct either FOIA office to release records under their control.

Using your name and address, we searched the electronic database maintained by the OIG Hotline and Office of Investigations and located one allegation file, consisting of three pages, responsive to your request. We determined all three pages are appropriate for release with redactions made under FOIA Exemptions 5 U.S.C. § 552 (b)(6)¹ and (b)(7)(c)². Due to a technology issue, your complaint was not entered into this database until June 8, 2020.

As you can see from the Allegation Information page attached, this allegation was opened and closed on the same day. We found no evidence the OIG Office of Investigations took any action relating to your complaint. FOIA is only about the release of records we have in our possession. Neither the FOIA nor the Inspector General Act provides FOIA requestors the authority to appeal an OIG's decision regarding the investigative process.

For any records related to your complaints to the Postal Service and CBP, you will need to direct copies of your request to their respective FOIA Offices, if you have not already done so, as either would be the more likely repository for additional records if any exist.

Written requests for the Postal Service are accepted online at https://pfoiapal.usps.com/, via email at foiapafield@usps.gov, via fax at (650) 578-4956, or U.S. Mail at:

St. Louis Requester Service Center
USPS General Law Service Center
1720 Market Street, Room 2400
St Louis, MO 63115-9948

Please see Freedom of Information Act | U.S. Customs and Border Protection (cbp.gov) for instructions on how to submit a FOIA request with CBP.

If you have questions regarding the processing of this request, please submit them in writing to foia@uspsoig.gov. We will provide you an answer within two working days. You may also contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

If you are not satisfied with our action on your FOIA request, you may file an administrative appeal. To do so, write to the attention of Gladis Griffith, Deputy General Counsel, 1735 N. Lynn Street, Arlington, VA 22209-2020, within 90 days of the date of this letter. We accept written appeals via U.S. Mail; e-mail to FOIA@uspsoig.gov; or fax to 703-248-4626. Include the initial request number (e.g., 20XX-IGXX-00XXX) and the date of this letter. Explain what specific action the FOIA Office took that you are appealing. Mark all correspondence "Freedom of Information Act Appeal."

Sincerely,
Robert Fullerton
Manager – FOIA, Policy, and Records

^{1 Exemption (b)(6) pertains to information the release of which would constitute a clearly unwarranted invasion of the personal privacy of third parties. The withheld material includes names, titles, and identifying information of private citizens. This information is not appropriate for discretionary disclosure.}

^{2 Exemption (7)(c) permits the withholding of records or information compiled for law enforcement purposes, the release of which could constitute an unwarranted invasion of the personal privacy of third parties. Lacking an individual's consent or an overriding public interest, third party investigatory records and/or allegations of misconduct must be withheld under Exemption (7)(c). The names of, and other identifying information about, law enforcement personnel are among the items redacted based on 5 U.S.C. § 552(b)(6) and (b)(7)(c). None of the information being withheld is appropriate for discretionary disclosure.}

In addition, the CBP responded to CBP-2021-014414. Their email summarized with "No records." Though I've included the text of the formal PDF response below.

12/02/2020
CBP-2021-014414

Dear Mr. Phil Dibowitz,

This is a final response to your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP).

We conducted a comprehensive search of files within the CBP databases for records that would be responsive to your request. Unfortunately, we were unable to locate or identify any responsive records, based upon the information you provided in your request.

This completes the CBP response to your request. You may contact CBP's FOIA Public Liaison, Charlyse Hoskins, by sending an email via your FOIAonline account, mailing a letter to 90 K St, NE MS 1181, Washington DC, 20229 or by calling 202-325-0150. The FOIA Public Liaison is able to assist in advising on the requirements for submitting a request, assist with narrowing the scope of a request, assist in reducing delays by advising the requester on the type of records to request, suggesting agency offices that may have responsive records and receive questions or concerns about the agency's FOIA process. Please notate file number CBP-2021-014414 on any future correspondence to CBP related to this request.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

If you are not satisfied with the response to this request, you have a right to appeal the final disposition. Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. §5.8. Please include as much information as possible to help us understand the grounds for your appeal. You should submit your appeal via FOIAonline by clicking on the "Create Appeal" button that appears when you view your initial request. If you do not have computer access, you may send your appeal and a copy of this letter to: FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia. Additional information can be found at the following link https://www.cbp.gov/sites/default/files/assets/documents/2019-Dec/definitions-exemptions- foia_0.pdf.

Additionally, you have a right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684- 6448; or facsimile at 202-741-5769. Please note that contacting the CBP FOIA Public Liaison or OGIS does not stop the 90-day appeal clock and is not a substitute for filing an administrative appeal.

Sincerely,
U.S. Customs and Border Protection

Another FOIA Response

USPS responded with a surprisingly useful response.

December 07, 2020
RE: FOIA Case No. 2021-FPRO-00488

Dear Mr. Dibowitz:

This responds to your Freedom of Information Act (FOIA) request dated November 30, 2020, in which you seek access to Postal Service records. Specifically, you requested:

any and all records USPS has regarding any of these packages and cases including any investigations and findings therein.

1. The 5 consecutive packages from Germany that were mysteriously lost in the "ISC NEW YORK NY" facility between 2015 and 2018 are: RG966313539DE, RB360866498DE, RT877947720DE, RR400781435DE, RR460884256DE.

2. The following cases were created: USPS: DE3386283, DE3403436, CA135408180, DE4291361, DE4329437, CBP: 151210-001998, 151210-001998, German post: 1170581923

Based on the information provided by you in part one, the agency official having jurisdiction over the subject matter of your request is the Manager, Mail & Package Information Systems, 475 L'Enfant Plaza, SW, Room 2249, Washington, DC 20260-2801.

I have forwarded your part one of your request to that office for action and direct response to you. You may contact our office at 202-268-2608 with any questions.

Based on the information provided by you in part two, the agency official having jurisdiction over the subject matter of your request is Eric Henry, District Manager, United States Postal Service, 1050 Forbell Street, Room 2011 Brooklyn, NY 11256-9996.

I have forwarded part two of your request to that office for action and direct response to you. You may contact, Sherilyn Simmons, Manager, Consumer & Industry Contact at 718-348-3900 with any questions.

Sincerely,
Dannielle Mungo
Government Information Specialist

So while 2021-FPRO-00488 was the last FIOA request I was waiting on an result from, it turns out this has generated two new requests. Hopefully one of them will be enlightening.

2021-FPRO-00488 Response Part 2

As you saw, the USPS response to 2021-FPRO-00488 was that different parts had been forwarded to different parties. The first part was forwarded to District Manager, United States Postal Service, which responded on January 4th. As with all other responses so far, nothing was found, but the full text of the response is below.

January 4, 2021
Phil Dibowitz
Subject: FOIA Case No. 2021-FPRO-00488

Dear Mr. Dibowitz:
This letter is in response to your Freedom of Information Act (FOIA) request dated November 30, 2020, in which you seek access to Postal Service records. Specifically, you requested:

any and all records USPS has regarding any of these packages and cases including any investigations and findings therein.

1. The 5 consecutive packages from Germany that were mysteriously lost in the "ISC NEW YORK NY" facility between 2015 and 2018 are: RG966313539DE, RB360866498DE, RT877947720DE, RR400781435DE, RR460884256DE.

2. The following cases were created: USPS: DE3386283, DE3403436, CA135408180, DE4291361, DE4329437, CBP: 151210-001998, 151210-001998, German post: 1170581923

As specified in the ref erral letter dated December 7, 2020, this office is responsible for providing a response to item 1.

The tracking numbers you provided are valid tracking numbers. A search for records was conducted and no records were f ound. Please note that the Product Tracking and Reporting system retains item data for a period of time ranging from 120 days to 2 years depending on the product purchased. The PTR Data Warehouse retains item data for the current fiscal year plus two previous years.

If you are not satisfied with the response to this request, you may file an administrative appeal within 90 days of the date of this response letter by writing to the General Counsel, U.S. Postal Service, 475 L’Enfant Plaza SW, Washington, DC 20260 or via email at FOIAAppeal@usps.gov. Your appeal must be postmarked or electronically transmitted within 90 days of the date of the response to your request. The letter of appeal should include, as applicable:

(1) A copy of the request, of any notification of denial or other action, and of any other related correspondence;
(2) The FOIA tracking number assigned to the request;
(3) A statement of the action, or failure to act, from which the appeal is taken;
(4) A statement identifying the specific redactions to responsive records that the requester is challenging;
(5) A statement of the relief sought; and
(6) A statement of the reasons why the requester believes the action or f ailure to act is erroneous.

For further assistance and to discuss any aspect of your request, you may contact the undersigned or FOIA Public Liaison listed below:

PRIVACY AND RECORDS MANAGEMENT OFFICE
U.S. POSTAL SERVICE
475 L'ENFANT PLAZA SW RM 1P830
WASHINGTON, DC 20260-1101
Phone: (202) 268-2608
Fax: (202) 268-5353
FOIA Public Liaison: Nancy Chavannes-Battle

Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact inf ormation for OGIS is as follows: Office of Government Inf ormation Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

Thank you f or your interest in the Postal Service.

Sincerely,
Juliaann S. Hess
Manager, Mail & Package Information Systems
Innovative Business Technology

I'm still awaiting one more response, but given that 2021-IGFP-00099 revealed "... this allegation was opened and closed on the same day [and] we found no evidence the OIG Office of Investigations took any action relating to your complaint," I'm not expecting it to reveal anything. The question is now if I should file a different IG request for investigation. Given the time this has all taken and the fact that the USPS only keeps records for two years, it is unlikely I will get any information on my packages, however, it might be interesting to file a request that they investigate why my cases was open and closed on the same day.

Current Status

I'm currently waiting responses from two specific subdepartments at USPS in response to queries generated by my 2021-FPRO-00488 FOIA request.