Your letter to me October 1, 2012 (enclosed) deprived me of Postal Service in compliance with the Postal Clause of the United States Constitution, and 18 U.S.C. Chapter 83, which has obstructed, inter alia, U.S. Certified Mail from The Florida Bar. (18 U.S.C. § 1701)
Your letter to me October 1, 2012 (enclosed) deprived me of Postal Service in compliance with the Postal Clause of the United States Constitution, and 18 U.S.C. Chapter 83, which has obstructed, inter alia, U.S. Certified Mail from The Florida Bar. (18 U.S.C. § 1701)
Your letter to me October 1, 2012 (enclosed) deprived me of Postal Service in compliance with the Postal Clause of the United States Constitution, and 18 U.S.C. Chapter 83, which has obstructed, inter alia, U.S. Certified Mail from The Florida Bar. (18 U.S.C. § 1701)
Tony J oy Manager Freedom of Information Act (FOIA) Consumer & Industry Contact Privacy Act Request 5 U.S.C. 552/552a United States Postal Service North Florida District CC: J ohn F. Harkness, Executive Director 1100 Kings Road The Florida Bar, @ jharkness@flabar.org J acksonville, FL 32203-0005 Dear Mr. J oy: This letter my FOIA/Privacy Act Request for records pertaining to me, including but not limited to the assault May 1, 2012 by Countryside CPU employee Sue; Koni Updyke and Countryside Contract Postal Unit (CPU) Yours Truly Gift and Card; and postal employee Robert Henriques. Your letter to me October 1, 2012 (enclosed) deprived me of Postal Service in compliance with the Postal Clause of the United States Constitution, and 18 U.S.C. Chapter 83, which has obstructed, inter alia, U.S. Certified Mail from The Florida Bar. (18 U.S.C. 1701) This is also my Privacy Act request for records of the U.S. Postal Service logging my mail for law enforcement known as the mail covers program. The New York Times reported J uly 3, 2013 U.S. Postal Service Logging All Mail for Law Enforcement, copy enclosed. Mr. J oy, I can live without the U.S. Postal Service, which is a reflection on management, and CPUs, not regular postal employees. Since I was assaulted May 1, 2012 at Countryside CPU, I changed carriers to United Parcel Service (UPS) and am very satisfied. But getting U.S. Certified Mail is another matter, and I demand strict compliance with the Postal Clause, Article I, Section 8, Clause 7 of the United States Constitution, and 18 U.S.C. Chapter 83, Postal Service. I had planned to send this letter months ago, but have been delayed by disability and other priorities. The Florida Bar sent me U.S. Certified Mail that was not delivered. Copies of the PS Form 3849 are enclosed. Your letter to me October 1, 2012 prevents me, on information and belief, from lawfully receiving U.S. Certified Mail at the Paddock Branch. You wrote October 1, 2012, It is your responsibility to retrieve items requiring a signature from Yours Truly, same as you would have in the past. Unclaimed accountable items will be returned once time limits are exhausted in accordance with mail handling requirements. Someone attempted to overturn your mandate captioned above, and redirected my mail to the Paddock Branch, which may violate 18 U.S.C. 1701 - Obstruction of mails generally. Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined under this title or imprisoned not more than six months, or both. Tony J oy, Manager Consumer & Industry Contact J uly 24, 2014 North Florida District, U.S. Postal Service Page - 2 Please take notice that I am not a lawyer, and this is not legal advice. I am not licensed to practice law, and I did not attend law school. If you have specific questions related to any thing in this letter, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation. That said, The Florida Bar generally sends U.S. Certified Mail to meet some legal requirement. In this matter I demand strict compliance with the law, and your mandate of October 1, 2012. Unfortunately you failed to adequately resolve the matter with Koni Updyke and Countryside Contract Postal Unit (CPU) Yours Truly Gift and Card. Postal employee Robert Henriques made matters worse as documented in the correspondence, which is posted on Scribd at CPUfail, http://www.scribd.com/CPUfail Among other things Mr. Henriques refused to accept my correspondence in this matter sent by UPS, which may also violate 18 U.S.C. 1701. Henriques sent my communication back unopened, which is still sitting unopened in my file. Okay, fine. Send me the FOIA/PA records and Ill try and figure out what is going on. I suspect Koni Updyke had some kind of running joke at my expense related to disability/stigma that served as entertainment for her and the gang. That may be a hate crime, or violate disability law such as The Rehabilitation Act of 1973. In any event, I demand the U.S. Postal Service construct a post office in my area in compliance with the Postal Clause of the United States Constitution, and 18 U.S.C. Chapter 83. Once the new post office is operational, Ill be able to get my mail from The Florida Bar, and anyone else. Declaration of Neil J . Gillespie - 28 U.S.C. 1746(2) 1. My name is Neil J . Gillespie. I am over 18 years of age. I live in Ocala Florida. 2. An image of my drivers license is provided below for the purpose of identification. 3. I request that a copy of contents of the file in the above be provided to me, and request any fees be removed since this a personal request, not a commercial request. 4. I declare under penalty of perjury that the foregoing is true and correct. Executed on J uly 24, 2014 by Neil J . Gillespie. Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: 235-854-7807 Email: neilgillespie@mfi.net REDACTED VIA U.S.P.S. First Class Mail J uly 26, 2014 Tony J oy, Manager Freedom of Information Act (FOIA) Consumer & Industry Contact Privacy Act Request 5 U.S.C. 552/552a United States Postal Service Post Office Box 40005 North Florida District CC: J ohn F. Harkness, Executive Director 1100 Kings Road The Florida Bar, @ jharkness@flabar.org J acksonville, FL 32203-0005 RE: ADDENDUM to my letter to you dated July 24, 2014 Dear Mr. J oy: This is an Addendum to my letter to you dated J uly 24, 2014. This is a FOIA/PA request for records showing compliance with civil rights law by Countryside Contract Postal Unit (CPU) Yours Truly Gift and Card; Koni Updyke former CPU owner/operator; and Andrew and Therese Solli, CPU owner/operator, including, Federal Compliance Assurance in which it assures the U.S. Postal Service that it/they will fully comply with all requirements of Title VI of the Civil Rights Act of 1964, as amended. I believe Countryside Contract Postal Unit (CPU) Yours Truly Gift and Card receives federal financial assistance from the U.S. Postal Service and is also subject to the provisions of, Section 504 of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1975, as amended; What has Countryside Contract Postal Unit (CPU) Yours Truly Gift and Card done to comply with laws prohibiting discriminating on the basis of age, race, color, religion, gender, national origin, disability or veteran status? Thank you in advance for the courtesy of a response. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: 235-854-7807 Email: neilgillespie@mfi.net Proof of Del i very Tracking Number: 1Z64589FP295786067 Service: UPS Ground Weight: 1.00 lb Shipped/Billed On: 07/24/2014 Delivered On: 07/25/2014 3:56 P.M. Delivered To: 1100 KINGS RD J ACKSONVILLE, FL, US 32203 Signed By: SAL Left At: Receiver Print This Page Close Window Dear Customer, This notice serves as proof of delivery for the shipment listed below. Thank you for giving us this opportunity to serve you. Sincerely, UPS Tracking results provided by UPS: 07/25/2014 8:19 P.M. ET Close Window https://wwwapps.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FP295786067&refNumbers=&loc=en_US MANAGER, CONSUMER & INDUSTRY CONTACT NORTH FLORIDA DISTRICT UNITED STIlTES lEa POSTIJL SERVICE October 1, 2012 Neil J. Gillespie 8092 SW 115 th Loop Ocala, FL 34481-3567 Dear Mr. Gillespie: I received your letter dated September 17, 2012. Please accept my sincere apology for not providing you with a clear understanding of who is currently acting as the Ocala Postmaster. Kevin Atkinson is the acting Postmaster (a.k.a. Officer-In-Charge) for the Ocala Post Office. As shared in my previous correspondence to you, Mr. Atkinson conducted a review of the Countryside Contract Postal Unit (CPU). I again have confirmed through Mr. Atkinson that the CPU is under new ownership. Andrew and Therese Solli, as he understands, purchased the CPU from Koni Updyke. It is your responsibility to retrieve items requiring a signature from Yours TrUly, same as you would have in the past. Unclaimed accountable items will be returned once time limits are exhausted in accordance with mail handling requirements. Sincerely,
Tony Joy POST OFFICE Box 40005 JACKSONVILLE, FL 32203-0005 904/858-6522 FAX: 904/858-6521 WI 7' 'I" 1'7 Ifdi pQlrorAL rrR'I'C'E V,I '. 11 I , i', '4.,I.i.L. ..:J..i1..". .w...... '.' II E:i.l- 1 " 'Co'l Yo 4 I ..... 1II 111111 II 11111111111111111111111111111111111 II 1111111111111111_ NEIL J GILLESPIE 8092 SW 115TH LOOP OCALA FL 34481-3567 La. i ; 4 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 'Y .. - -- - - - - --- catalog,etc. - Parcel _ Restricted Dalively _ Perishable Item - Other. Date: ForDelivery: (Entertotalnumberofitems deliveredbyservicetype) ForNoticeLeft: (Checkapplicableitem) _ Express i ~ 'fCertifiedMaU.... FirmBill RegisteredMail.... _ InsuredMail - Delivery Confirmation.... ~ __iIiIiiiIliiIi _ Signature Confinnation.... ArticleRequiringPayment AmountDue oPo Due 0 COD 0 Customs $ oFinalNotice: Articlewillbereturned tosenderon PSFonn3849,May2008 Usps.com DeliveryNotice/Reminder/Receipt We will redeliver OR you or your agent can pick up your mail at the Post Office. (Bring this form and Drorer 10. If vour aaent will Dick UD, sian below in item 2, and enter aaent name here); a. Check a/I that apply in 1. PADDOCK BRANCH POST OFFICE section 3;
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4S45 SW 60AVE OCALA FL 34477-9998 b. Sign in saction 2 below; c. Lsave /his notice whete MON-FRJ 08;30AM-05;30PM the camer can see ft. SAT 08;30AM-12;30PM 2. Sign Here to authorize redelivery PHONE: (352) 861-8188 or to authorize an agent to sign for you: Delivery Section Signature 3.0 Redeliver (Enter day of week.): X (Allow at least two delivery days for Printed redelive<y, or go to usps.comIredeIiveIy or call your Post Office to anange Name redelivery. ) o Leave item at my address Delivery
Address (Specify where to leave. Example: "porch-, -side This option Is not Bvallable If box I. checked on the front requiring your signature at time of USPS delivery.) o Refused Mn PS Form 3849, May 2008 (Reverse) UnitedStatesPostalservice" Availablefor Pick-up After Time: Date: Today'sDate ..nt.l Sony WeMissedYou!We"DeliverforYou Itemisat: _ PostOffice- (See back) D Ifchecked,youoryouragent mustbe PNMnt !!!"fetter ForDelivery:(Enter total number ofilBms at timeofdeliveryto signforItem. delivered by service type.) USPS Tracking' orArtIcleNumber(s) - LargeInN> ForNoticeLeft: (Check appliceble item) enve_ r -, 7/"0- 7'(1"1- "tFY:J- 27'11'_ magaZIne, PriorityMail InsuredMail catalog,etc. _ Express -
f- ArticleRequiringPayment AmountDue Db:tage 0COD oCustoms $ InalNotice:Article'fillbe returnedtosenderon &'/J>'// DeliveredBy andDate PSFonn3849, July2013 usps.com DeliveryNoticelRemlnderlRecelpt We will redeliver OR you or your agent can pick up your mail at the Post Office. (Bring this form and proper 10. Ifyour aaent will Dick up, sian below in item 2, and enter aaent's name here): 1. a. Check all that apply in PADDOCK BRANCH POST OFFICE ~ section 3;
b. Sign in section 2 below; 4545 SW &0 AVE OCALA FL 34477-9998 MON- FRI 8:30AM- 5:30PM c. Leave this notice where the carrier can see it. SAT 8:30AM-12:30PM PHONE. 352-861-8188 2. Sign Here to authorize redelivery www.usps.com/redellvery or 800-ASK-USPS (275-8777) or to authorize an agent to sign for you: Delivery Section 3.0Redeliver (Enter day of week.): (Allow at leasltwo delivery days for redelivery, or go to usps.comIredeIivery or call 800-27s.am to arrange redeliv<l<y.) DLeave item at my address (na/available Ifyou oryour agent must be present) (SpecIfy where 10 leave. Example: Signature X Printed Name Delivery Address p o t t h ~ "side door'. Thla oplIon Ia not naIIabIe if box .. checked on the front NqUIrIng JOU1' oIgnaturelll_ of dollwfy.) USPS 1111111111111111111111111111111111 oRefused lr:1lfftOIP t PS Form 3849, July 2013 (Reverse) 5293 0479 4763 3062
J uly 3, 2013 By RON NIXON WASHINGTON Leslie James Pickering noticed something odd in his mail last September: a handwritten card, apparently delivered by mistake, with instructions for postal workers to pay special attention to the letters and packages sent to his home. Show all mail to supv supervisor for copying prior to going out on the street, read the card. It included Mr. Pickerings name, address and the type of mail that needed to be monitored. The word confidential was highlighted in green. It was a bit of a shock to see it, said Mr. Pickering, who with his wife owns a small bookstore in Buffalo. More than a decade ago, he was a spokesman for the Earth Liberation Front, a radical environmental group labeled eco-terrorists by the Federal Bureau of Investigation. Postal officials subsequently confirmed they were indeed tracking Mr. Pickerings mail but told him nothing else. As the world focuses on the high-tech spying of the National Security Agency, the misplaced card offers a rare glimpse inside the seemingly low-tech but prevalent snooping of the United States Postal Service. Mr. Pickering was targeted by a longtime surveillance system called mail covers, a forerunner of a vastly more expansive effort, the Mail Isolation Control and Tracking program, in which Postal Service computers photograph the exterior of every piece of paper mail that is processed in the United States about 160 billion pieces last year. It is not known how long the government saves the images. Together, the two programs show that postal mail is subject to the same kind of scrutiny that the National Security Agency has given to telephone calls and e-mail. The mail covers program, used to monitor Mr. Pickering, is more than a century old but is still considered a powerful tool. At the request of law enforcement officials, postal workers record information from the outside of letters and parcels before they are delivered. (Opening the mail would require a warrant.) The information is sent to the law enforcement agency that asked for it. Tens of thousands of pieces of mail each year undergo this scrutiny. The Mail Isolation Control and Tracking program was created after the anthrax attacks in late 2001 that killed five people, including two postal workers. Highly secret, it seeped into public view last U.S. Postal Service Logging All Mail for Law Enforcement - NYTimes.com http://www.nytimes.com/2013/07/04/us/monitoring-of-snail-mail.html?h... 1 of 4 7/4/2013 11:49 AM month when the F.B.I. cited it in its investigation of ricin-laced letters sent to President Obama and Mayor Michael R. Bloomberg. It enables the Postal Service to retrace the path of mail at the request of law enforcement. No one disputes that it is sweeping. In the past, mail covers were used when you had a reason to suspect someone of a crime, said Mark D. Rasch, who started a computer crimes unit in the fraud section of the criminal division of the Justice Department and worked on several fraud cases using mail covers. Now it seems to be, Lets record everyones mail so in the future we might go back and see who you were communicating with. Essentially youve added mail covers on millions of Americans. Bruce Schneier, a computer security expert and an author, said whether it was a postal worker taking down information or a computer taking images, the program was still an invasion of privacy. Basically they are doing the same thing as the other programs, collecting the information on the outside of your mail, the metadata, if you will, of names, addresses, return addresses and postmark locations, which gives the government a pretty good map of your contacts, even if they arent reading the contents, he said. But law enforcement officials said mail covers and the automatic mail tracking program are invaluable, even in an era of smartphones and e-mail. In a criminal complaint filed June 7 in Federal District Court for the Eastern District of Texas, the F.B.I. said a postal investigator tracing the ricin letters was able to narrow the search to Shannon Guess Richardson, an actress in New Boston, Tex., by examining information from the front and back images of 60 pieces of mail scanned immediately before and after the tainted letters sent to Mr. Obama and Mr. Bloomberg showing return addresses near her home. Ms. Richardson had originally accused her husband of mailing the letters, but investigators determined that he was at work during the time they were mailed. In 2007, the F.B.I., the Internal Revenue Service and the local police in Charlotte, N.C., used information gleaned from the mail cover program to arrest Sallie Wamsley-Saxon and her husband, Donald, charging both with running a prostitution ring that took in $3 million over six years. Prosecutors said it was one of the largest and most successful such operations in the country. Investigators also used mail covers to help track banking activity and other businesses the couple operated under different names. Other agencies, including the Drug Enforcement Administration and the Department of Health and Human Services, have used mail covers to track drug smugglers and Medicare fraud. Its a treasure trove of information, said James J. Wedick, a former F.B.I. agent who spent 34 years at the agency and who said he used mail covers in a number of investigations, including one U.S. Postal Service Logging All Mail for Law Enforcement - NYTimes.com http://www.nytimes.com/2013/07/04/us/monitoring-of-snail-mail.html?h... 2 of 4 7/4/2013 11:49 AM that led to the prosecution of several elected officials in California on corruption charges. Looking at just the outside of letters and other mail, I can see who you bank with, who you communicate with all kinds of useful information that gives investigators leads that they can then follow up on with a subpoena. But, he said: It can be easily abused because its so easy to use and you dont have to go through a judge to get the information. You just fill out a form. For mail cover requests, law enforcement agencies submit a letter to the Postal Service, which can grant or deny a request without judicial review. Law enforcement officials say the Postal Service rarely denies a request. In other government surveillance programs, like wiretaps, a federal judge must sign off on the requests. The mail cover surveillance requests are granted for about 30 days, and can be extended for up to 120 days. There are two kinds of mail covers: those related to criminal activity and those requested to protect national security. Criminal activity requests average 15,000 to 20,000 per year, said law enforcement officials, who spoke on the condition of anonymity because they are prohibited by law from discussing them. The number of requests for antiterrorism mail covers has not been made public. Law enforcement officials need warrants to open the mail, although President George W. Bush asserted in a signing statement in 2007 that the federal government had the authority to open mail without warrants in emergencies or in foreign intelligence cases. Court challenges to mail covers have generally failed because judges have ruled that there is no reasonable expectation of privacy for information contained on the outside of a letter. Officials in both the Bush and Obama administrations, in fact, have used the mail-cover court rulings to justify the N.S.A.s surveillance programs, saying the electronic monitoring amounts to the same thing as a mail cover. Congress briefly conducted hearings on mail cover programs in 1976, but has not revisited the issue. The program has led to sporadic reports of abuse. In May 2012, Mary Rose Wilcox, a Maricopa County supervisor in Arizona, was awarded nearly $1 million by a federal judge after winning a lawsuit against Sheriff Joe Arpaio. The sheriff, known for his immigration raids, had obtained mail covers from the Postal Service to track her mail. The judge called the investigation into Ms. Wilcox politically motivated because she had been a frequent critic of Mr. Arpaios, objecting to what she considered the targeting of Hispanics in his immigration sweeps. The case is being appealed. In the mid-1970s the Church Committee, a Senate panel that documented C.I.A. abuses, faulted a program created in the 1950s in New York that used mail covers to trace and sometimes open mail going to the Soviet Union from the United States. U.S. Postal Service Logging All Mail for Law Enforcement - NYTimes.com http://www.nytimes.com/2013/07/04/us/monitoring-of-snail-mail.html?h... 3 of 4 7/4/2013 11:49 AM A suit brought in 1973 by a high school student in New Jersey, whose letter to the Socialist Workers Party was traced by the F.B.I. as part of an investigation into the group, led to a rebuke from a federal judge. Postal officials refused to discuss either mail covers or the Mail Isolation Control and Tracking program. Mr. Pickering says he suspects that the F.B.I. requested the mail cover to monitor his mail because a former associate said the bureau had called with questions about him. Last month, he filed a lawsuit against the Postal Service, the F.B.I. and other agencies, saying they were improperly withholding information. A spokeswoman for the F.B.I. in Buffalo declined to comment. Mr. Pickering said that although he was arrested two dozen times for acts of civil disobedience and convicted of a handful of misdemeanors, he was never involved in the arson attacks the Earth Liberation Front carried out. He said he became tired of focusing only on environmental activism and moved back to Buffalo to finish college, open his bookstore, Burning Books, and start a family. Im no terrorist, he said. Im an activist. Mr. Pickering has written books sympathetic to the liberation front, but he said his political views and past association should not make him the target of a federal investigation. Im just a guy who runs a bookstore and has a wife and a kid, he said. This article has been revised to reflect the following correction: Correction: J uly 3, 2013 An earlier version of this article misstated the Justice Department position once held by Mark Rasch. He started a computer crimes unit in the criminal divisions fraud section, but he was not the head of its computer crimes unit, which was created after his departure. U.S. Postal Service Logging All Mail for Law Enforcement - NYTimes.com http://www.nytimes.com/2013/07/04/us/monitoring-of-snail-mail.html?h... 4 of 4 7/4/2013 11:49 AM