43. LeWinter told Macnamara and the arresting officers that six other CIA and Mossad agents were in the Kärtner Strasse and would retaliate for his arrest by murdering Macnamara and Al Fayed.

44. Among the papers found in LeWinter's hotel room were an airmail pouch addressed "U.S. Government Property, Return to Commander USA FAC, Indianapolis IN 46249, and a multiple-use U.S. government messenger envelope with the last noted addressee "U.K. liaison." Inside this envelope were two telexes and a Domestic Intelligence Information Report that appeared on their face to originate within the CIA. The documents found in LeWinter's room were subsequently determined to be forgeries. Also found in LeWinter's room was a SM Rohner gas pistol with 25 rounds of ammunition and $10,000 in U.S. currency.

45. On or about October 1, 1998, LeWinter was convicted in an Austrian court of charges of attempted criminal fraud and sentenced to two and a half years imprisonment. On appeal by the Austrian public prosecutor, the Austrian High Court on April 15, 1999, increased LeWinter's sentence to four years imprisonment, citing the "reprehensible way" LeWinter had sought to prey on Al Fayed.

46. Upon information and belief, the Austrian justice ministry sent a request concerning the documents taken from LeWinter's hotel room to the CIA to ascertain their authenticity, and also requested that a United States government expert be sent to testify under oath at LeWinter's trial concerning the documents. The United States government delayed its response for three months, and finally simply replied that the documents were "not authentic" and refused to send any expert to testify under oath.

47. Between April 1998 and the present, Al Fayed's legal representatives in Washington, D.C., including David Kendall and Terrence O'Donnell of the law firm of Williams & Connolly, have repeatedly met and exchanged communications with high level United States government law enforcement and intelligence officials -- including, but not limited to, Deputy Directors from the CIA and FBI, Robert McNamara, the CIA's General Counsel, and Wilma Lewis, the U.S. Attorney for the District of Columbia -- to secure the prosecution of those involved in the fraud attempt.

48. In order to assist the criminal investigation being conducted by the U.S. Attorney's Office for the District of Columbia, Al Fayed's legal representatives provided the prosecuting attorneys with information in their possession including, but not limited to, copies of telephone transcripts between Macnamara and Fleer. It was later subsequently discovered that without permission or knowledge of Al Fayed's representatives, the U S Attorney's Office had provided Fleer, and perhaps the other alleged conspirators, with copies of the evidentiary transcripts for their own personal use. Fleer used this information, in part, to defeat a civil lawsuit filed against him by Al Fayed in California on July 19, 1999; a lawsuit that had been deliberately delayed in order to cooperate with the U.S. Attorney's Office and not interfere with the supposed ongoing criminal investigation.

48.[sic] In recent interviews with LeWinter, including one on April 12, 2000, at Wilhelmshöhe Prison, he has suggested that one or more CIA employees participated in the fraud scheme. He has also stated that the forged CIA documents offered to Al Fayed were based, at least in part, upon an e-mail LeWinter received from a "CIA contact in Langley". According to LeWinter, this information was shared with Macmillan, himself allegedly formerly affiliated with the CIA, who then prepared the documents incorporating the information received from the CIA contact.

49. Although LeWinter is willing to name names, he has requested a grant of immunity from the United States government. Despite this fact being provided to the United States Attorney's Office for the District of Columbia, the FBI and the CIA, upon information and belief, LeWinter has never been questioned by representatives of the United States.

50. Upon information and belief, the CIA's Office of Inspector General was ordered to cease its investigation into the fraud scheme by the CIA's Office of General Counsel. Additionally, the CIA intentionally delayed providing requested information regarding the case to the prosecutors in the U.S. Attorney's Office for the District of Columbia.

51. Although the U.S. Attorney's Office for the District of Columbia has acknowledged that Al Fayed was the victim of criminal conduct, upon information and belief, the office just recently closed the investigation with a recommendation of "no prosecution."

Previous Unsuccessful Efforts To Obtain Information From The United States

Attempt to Subpoena Relevant Records - District of Columbia

52. On January 29, 1999, in order to confirm or deny allegations contained in news stories that United States intelligence agencies were in the possession of information relevant to the tragedy, Al Fayed's legal representatives filed an Application to the United States District Court for the District of Columbia. The Application requested that the Court issue a subpoena pursuant to 28 U.S.C. § 1782, which permits U.S. discovery in aid of proceedings before a foreign tribunal, to the DIA and CIA.

53. By Order dated February 5, 1999, the Honorable Henry Kennedy granted Al Fayed's Application and ordered that subpoenas requiring the production of documents be issued to both agencies and that discovery proceed in accordance with the Federal Rules of Civil Procedure. Since both the CIA and DIA refused to comply with the subpoenas, a motion was filed to compel compliance on March 31, 1999. Eventually, the DIA was released from its obligation but the CIA continued to refuse to produce any information and on May 13, 1999, it moved to quash the subpoena.

54. On March 29, 2000, Judge Kennedy denied Al Fayed's Motion to Compel, granted the CIA's Motion to Quash and vacated his earlier February 6, 1999 Order. This decision is presently on appeal to the United States Court of Appeals for the District of Columbia. Oral arguments are scheduled for September 6, 2000.

Attempt To Subpoena Relevant Records - Maryland

56. On February 3, 1999, a similar action to that filed in the District of Columbia was attempted in the United States District Court for Maryland requesting the issuance of a subpoena for information held by the NSA. The District Court denied the application on February 4, 1999.

57. The denial was appealed to the United States Court of Appeal for the Fourth Circuit, which affirmed the decision on April 26, 2000.

58. No information was ever obtained as the NSA successfully thwarted this effort.

Intervention By Former Senator George Mitchell

59. On behalf of Al Fayed, former Senator George Mitchell, who recently served as a key negotiator in the Northern Island peace process, was retained in 1999, to facilitate the transfer of information held by the CIA and DoD components including, but not limited to, the DIA and NSA.

60. An inquiry for information was submitted by letter dated March 29, 1999, by Senator Mitchell to Secretary of Defense William Cohen. By letter dated April 23, 1999, Secretary Cohen informed Senator Mitchell that neither the DIA or NSA "possesses information that would have any bearing on, or would be at all useful to, the pending French judicial inquiry."

61. Notwithstanding Secretary Cohen's response, Robert Tyrer ("Tyrer"), the chief of staff to Secretary of Defense William Cohen, reviewed potentially responsive classified records which are in the possession of the DIA and NSA. Tyrer refused to publicly share his findings, but informed Senator Mitchell by letter dated October 4, 1999, that there was no information related to Princess Diana's death or that Henri Paul was connected with foreign intelligence services.

62. This latter point directly contradicts what attorney-turned journalist Gerald Posner was told by his American intelligence sources, as reported in the September 1999 issue of Talk magazine. Posner wrote that:

Paul was in regular contact with the Direction Général de la Sécurité Extérieure (DGSE) -- the French equivalent of the CIA -- an arrangement not unheard of among security staffers at premier international hotels. (Paul also had less formal relations with the Direction de la Surveillance du Territoire and the Renseignements Généraux, both intelligence gathering divisions of the French national police.) In fact, according to an American law enforcement official and an American intelligence agent, Paul spent the last several hours before the crash with a security officer from the DGSE."[sic] The DGSE is the French intelligence service. This information is additionally supported by former MI6 officer Tomlinson's allegations that Paul was in the paid employ of MI6.

63. Posner also confirmed in his article that the NSA had secretly intercepted and recorded telephone conversations involving Princess Diana. This past Spring, an active intelligence asset of the United States government permitted Posner to listen to one of several surveillance tape recordings of Princess Diana in the possession of NSA.

64. Although Senator Mitchell requested that the DoD ensure all responsive records had been located -- particularly in light of Posner's statements -- upon information and belief, either no such efforts were ever undertaken by the DoD or its components to ensure a complete search had been performed, or information was intentionally withheld. In fact, by letter dated October 13, 1999, Tyrer confirmed that the records he reviewed were retrieved solely through an electronic search of NSA and DIA databases. Upon information and belief, certain record systems are excluded when only electronic searches are conducted.

65. Senator Mitchell also wrote to George Tenet, CIA Director, by letters dated September 2 and 15, 1999, and requested that the CIA initiate a formal inquiry into whether United States intelligence agencies possess information concerning the tragedy. The second letter specifically informed the CIA of Posner's information. The request was denied, although DCI Tenet invited Senator Mitchell to meet with the CIA's General Counsel Robert McNamara.

66. On March 3, 2000, representatives of Al Fayed met with the CIA's Office of General Counsel ("OGC"), and expressed concern that serving officers of the CIA may have played a part in the fraud scheme to sell Al Fayed forged CIA records. A formal inquiry was again requested to investigate these allegations. The OGC subsequently forwarded relevant materials provided by Senator Mitchell to the CIA's Office of Inspector General ("OIG").

67. By letter dated June 16, 2000, Senator Mitchell requested that L. Britt Snider, the CIA's Inspector General, investigate the matter. By letters dated June 16 and 29, 2000, Snider informed Senator Mitchell that the OIG "found no information that would shed light on the automobile accident or the deaths of Lady Diana and Dodi Fayed. Neither did we find any information that would substantiate the claims made by LeWinter concerning the involvement of CIA employees in fabricating these fraudulent documents." Upon information and belief, the OIG was prevented from fully investigating the allegations by the CIA's Office of General Counsel, despite the fact that current or former CIA personnel may have been involved in an illegal scheme to defraud Al Fayed.

Unanswered Questions

68. As with many controversial high-profile events, oftentimes there exists more unanswered questions than those that appear to have been answered. This lawsuit seeks the release of information to answer at least some of those questions including, but not limited to:

Do agencies of the United States government possess any information regarding the deaths of Princess Diana, Dodi Al Fayed and Henri Paul?

With all of its forensic and criminal expertise, was the United States government ever requested to lend assistance to the French investigation into the August 31, 1997, tragedy?

Does the United States possess any satellite imagery of the City of Paris from the night of August 31, 1997, that could be used to determine the movement of vehicles in the area of the tragedy?

Does the United States possess information, as alleged by Gerald Posner, that Henri Paul was employed by MI6 as reported by Richard Tomlinson to the judge, or any other foreign intelligence service?

Was Henri Paul meeting his French intelligence handler in the three hours before he returned to the Ritz as claimed by Gerald Posner?

To what extent did the NSA intercept telephonic communications between Princess Diana and others, the existence of which has been confirmed by Gerald Posner?

What documents did Defense Secretary William Cohen's Chief of Staff, Robert Tyrer, review relating to the tragedy, and were the searches conducted to locate these records intentionally narrow?

What is or has been the CIA's relationship with Oswald LeWinter, Pat McMillan and the other individuals involved with the plot to defraud Al Fayed of $20 million dollars?

Although the documents LeWinter alleged were from the CIA are apparently forgeries, does the information within the documents have any accuracy, as claimed by LeWinter?

To what extent did the CIA ever investigate Oswald LeWinter's allegations?

Was the criminal investigation into LeWinter and others for the attempt to defraud Al Fayed over the alleged CIA documents deliberately assigned low priority and then closed by the United States government in an effort to shield the actions of current or former CIA employees from scrutiny or avoid adverse publicity?

COUNT ONE (CIA FOIA REQUEST)

69. Al Fayed and Punch repeat and reallege the allegations contained in paragraphs 1 through 68 above, inclusive.

70. By letter dated July 26, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for disclosure of all information pertaining to twenty categories of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul. See Exhibit "1". The request additionally sought expedited processing and a fee waiver. The CIA was specifically instructed to search its Directorate of Operations, Directorate of Intelligence, Directorate of Administration, Directorate of Central Intelligence and its stations in London, United Kingdom and Paris, France.

71. By letter dated August 10, 2000, the CIA assigned Al Fayed and Punch's request reference F-2000-01568 and denied their request for expedited processing.

72. By letter dated August 14, 2000, Al Fayed and Punch submitted additional information concerning Keith Fleer, Esq. and Oswald LeWinter, and identified Sharon Durkin, Supervisory Special Investigator, Office of Inspector General, as an individual who likely possesses responsive information. See Exhibit "2".

73. By letter dated August 17, 2000, Al Fayed and Punch added John Leslie Macnamara to the list of individuals on whom information was sought. The CIA was specifically instructed to add its station in Vienna, Austria to the locations it must search for responsive records.

74. By facsimile transmitted August 28, 2000, the CIA indicated that it can neither cogfirm nor deny the existence of records relating to individuals listed in items numbered 1 through 6, 8 through 11, 14 through 17 and 21; that it can neither confirm nor deny the existence of records relating to events listed in items numbered 7 through 13 and 20; requested additional information related to the individuals listed in items numbered 8, 10, 12 and 13; and accepted items numbered 2, 18 and 19 for processing.

75. No further relevant correspondence has been received from the CIA.

76. Al Fayed and Punch have exhausted all required administrative remedies with respect to items numbered 2, 18 and 19.

77. Al Fayed and Punch have a legal right under the FOIA to be granted expedited processing, a fee waiver, and to obtain the information they seek, and there is no legal basis for the denial by CIA of said right.

COUNT TWO (NSA FOIA REQUEST)

78. Al Fayed and Punch repeat and reallege the allegations contained in paragraphs 1 through 68 above, inclusive.

79. By letter dated December 15, 1998, Al Fayed, through counsel, submitted a FOIA request for disclosure of all information pertaining to eleven categories of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul.

80. By letter dated July 29, 1999, the NSA indicated it had referred responsive records to unnamed agencies. Although responsive records were released by the United States Information Agency and the United States Department of State by letters dated August 13, 1999, and November 4, 1999, respectively, upon information and belief, not all responsive records have been processed or released, for which the NSA lawfully bears responsibility.

81. By letter dated July 26, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for disclosure of all information pertaining to twenty categories of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul. See Exhibit "1". The request additionally sought expedited processing and a fee waiver.

82. By letter dated August 11, 2000, the NSA denied the requests for expedited processing and a fee waiver, and indicated it had assigned the requests Serial: J9954-00.

83. By letter dated August 17, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for records pertaining to John Leslie Macnamara, as well as requested a fee waiver and expedited processing. All prior instructions were incorporated into this request.

84. No further response has been received by the NSA.

85. The NSA has faded to comply with the requisite statutory periods that govern compliance under the FOIA. Therefore, the NSA has wrongfully withheld documents from Al Fayed and Punch.

86. Al Fayed and Punch are not required to exhaust administrative remedies as the NSA has not issued a formal determination regarding the documents.

87. Al Fayed and Punch have a legal right under the FOIA to be granted expedited processing, a fee waiver, and to obtain the information they seek, and there is no legal basis for the denial by the NSA of said right.

COUNT THREE (DIA FOIA REQUEST)

88. Al Fayed and Punch repeat and reallege the allegations contained in paragraphs 1 through 68 above, inclusive.

89. By letter dated December 15, 1998, Al Fayed, through counsel, submitted a FOIA request for disclosure of all information pertaining to eleven categories of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul.

90. By letter dated March 9, 1999, the DIA indicated it had identified 1,667 responsive records, of which 1,038 were referred to unnamed agencies. Although some responsive records have been released by the United States Information Agency, the Department of the Army's Intelligence and Security Command and the United States Department of State, upon information and belief, not all responsive records have been processed or released, for which the DIA lawfully bears responsibility. Upon information and belief, the DIA had assigned case number 0854-98 to this request.

91. By letter dated July 26, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for disclosure of all information pertaining to twenty categories of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul. See Exhibit "1". The request additionally sought expedited processing and a fee waiver.

92. By letter dated July 31, 2000, the DIA acknowledged receipt of the request and assigned it case number 0495-2000.

93. By letter dated August 4, 2000, the DIA indicated it had identified 1,726 responsive records, of which 1,038 were referred to unnamed agencies. One responsive record was withheld in its entirety pursuant to FOIA Exemption (b)(2).

94. By letter dated August 17, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for records pertaining to John Leslie Macnamara, as well as requested a fee waiver and expedited processing. All prior instructions were incorporated into this request.

95. By letter dated August 18, 2000, an administrative appeal was submitted challenging the DIA's failure to identify the name(s) of the originating agencies to which 1,038 responsive records had been referred, its refusal to release the three DIA records that contain other agencies' information, at least to the extent DIA information is contained therein, and its refusal to disclose the one document withheld in its entirety.

96. No further response has been received by the DIA.

97. The DIA has failed to comply with the requisite statutory periods that govern compliance under the FOIA. Therefore, the DIA has wrongfully withheld documents from Al Fayed and Punch.

98. Al Fayed and Punch have exhausted their administrative remedies with respect to those 1,038 records that have been referred to other agencies.

99. Al Fayed and Punch have a legal right under the FOIA to be granted expedited processing, a fee waiver, and to obtain the information they seek, and there is no legal basis for the denial by the DIA of said right.

COUNT FOUR (DOD FOIA REQUEST)

100. Al Fayed and Punch repeat and reallege the allegations contained in paragraphs 1 through 68 above, inclusive.

101. By letter dated July 26, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for disclosure of all information pertaining to twenty categories of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul. See Exhibit "1". The request additionally sought expedited processing and a fee waiver. The DoD was specifically instructed to search its offices on Command, Control, Communications and Intelligence (August 3, 2000), Intelligence Oversight (August 3, 2000), J-2 Joint Staff Intelligence Directorate (August 3, 2000) and Public Affairs (August 3, 2000). The dates in parenthesis indicates the date on which a separate FOIA request was submitted directly to each respective DoD office.

102. By letter dated August 4, 2000, the DoD denied the requests for a fee waiver and expedited processing.

103. By letter dated August 17, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for records pertaining to John Leslie Macnamara, as well as requested a fee waiver and expedited processing. All prior instructions were incorporated into this request.

104. No further response has been received by the DoD.

105. The DoD has failed to comply with the requisite statutory periods that govern compliance under the FOIA. Therefore, the DoD has wrongfully withheld documents from Al Fayed and Punch.

106. Al Fayed and Punch are not required to exhaust administrative remedies as the DoD has not issued a formal determination regarding the documents.

107. Al Fayed and Punch have a legal right under the FOIA to be granted expedited processing, a fee waiver, and to obtain the information they seek, and there is no legal basis for the denial by the DoD of said right.

COUNT FIVE (DOJ FOIA REQUEST)

108. Al Fayed and Punch repeat and reallege the allegations contained in paragraphs 1 through 68 above, inclusive.

109. By letter dated February 26, 1999, Al Fayed, through counsel, submitted a FOIA request for information relating to Richard Tomlinson.

110. By letter dated July 27, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for disclosure of all information pertaining to twenty categories of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul. See Exhibit "1". The request additionally sought expedited processing and a fee waiver. The DOJ was specifically instructed to search the Office of the Attorney General, Office of the Deputy Attorney General, and the Office of the Associate General. Separate requests were also submitted to the Criminal Division on July 28, 2000, the Office of Intelligence Policy and Review on July 31, 2000. The request for expedited processing was also served on the Office of Public Affkirs on July 31, 2000.

111. By letter dated August 7, 2000, the DOJ denied the requests for a fee waiver and expedited processing. It also indicated that it would not be able to comply with the twenty-day time limit and exercised its right to an additional ten day period. Al Fayed and Punch were invited to narrow the scope of their request in order to speed up processing.

112. By letter dated August 14, 2000, Al Fayed and Punch narrowed the time frames to be utilized in the DOJ searches, and submitted additional information concerning Keith Fleer, Esq. and Oswald LeWinter, see Exhibit "2".

113. No finther response has been received by the DOJ.

114. The DOJ, with respect to the request dated February 26, 1999, and it's Criminal Division and Office of Intelligence Policy and Review, with respect to the requests dated July 28 and 31, 2000, have failed to comply with the requisite statutory periods that govern compliance under the FOIA. Therefore, these DOJ components have wrongfully withheld documents from Al Fayed and Punch.

115. Al Fayed and Punch are not required to exhaust administrative remedies with respect to the Criminal Division and Office of Intelligence Policy and Review, or the DOJ with respect to the February 26, 1999, request, as no formal determination has been issued regarding the requested documents, nor do administrative remedies need to be exhausted with respect to any of the DOJ components regarding the request for expedited processing.

116. Al Fayed and Punch have a legal right under the FOIA to receive expedited processing.

COUNT SIX (DOS FOIA REQUEST)

117. Al Fayed and Punch repeat and reallege the allegations contained in paragraphs 1 through 68 above, inclusive.

118. By letter dated July 26, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for disclosure of all information pertaining to twenty categories of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul. See Exhibit "1". The request additionally sought expedited processing and a fee waiver. The DOS was specifically instructed to search its Bureau of Diplomatic Security, Bureau of European Affairs, Bureau of Intelligence and Research, Bureau for Interriational Narcotics and Law Enforcement Affairs, its Country Desks for Austria, France and the United kingdom, its Division of Intelligence Policy and Coordination, its Office of the Legal Adviser, Office of the United Kingdom, Benelux and Ireland Affairs, Office of Western European Affairs and its Embassies in Austria, France and the United Kingdom.

119. By letter dated August 10, 2000, DOS assigned request number 200002685 to Al Fayed and Punch's request, requested additional information and denied the requests for a fee waiver and expedited processing.

120. By letter dated August 14, 2000, Al Fayed and Punch supplied the requested additional information, and identified Julianne Slifco, Legal Attache, and M. Miles Burden, Assistant Legal Attache, both of whom were based out of the United States Embassy in Vienna, Austria, as individuals who are likely in possession of responsive records.

121. No further response has been received from DOS.

122. Al Fayed and Punch are not required to exhaust administrative remedies with respect to their request for expedited processing.

123. Al Fayed and Punch have a legal right under the FOIA to receive expedited processing.

COUNT SEVEN (FBI FOIA REQUEST)

124. Al Fayed and Punch repeat and reallege the allegations contained in paragraphs 1 through 68 above, inclusive.

125. By letter dated December 15, 1998, Al Fayed, through counsel, submitted a FOIA request for disclosure of all information pertaining to six categorie; of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul. No responses have ever been received with respect to Requests No. five and six.

126. By letter dated July 26, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for disclosure of all information pertaining to twenty categories of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul. See Exhibit "1". The request additionally sought expedited processing and a fee waiver. The FBI was specifically instructed to search its Criminal Investigative Services, Investigative Services Division, National Security Division and its field offices in Las Vegas (July 31, 2000), Los Angeles (July 31, 2000), New York City (July 31, 2000) and Washington, D.C. (July 31, 2000), as well as its Legal Attaches in London, United Kingdom (July 26, 2000) and Paris, France (July 26, 2000). The dates in parenthesis indicates the date on which a separate FOIA request was submitted directly to the FBI's field office or Legal Attache.

127. By facsimile dated July 28, 2000, the FBI acknowledged receipt of Al Fayed and Punch's FOIA request.

128. By letter dated August 4, 2000, the FBI indicated it had assigned Request No. 0927093-000 to its search for records relating to Princess Diana et al.

129. By letter dated August 7, 2000, the FBI's New York City field office declined to process those requests relating to third parties for whom no privacy waiver had been submitted.

130. By letter dated August 7, 2000, the FBI indicated it did not possess any responsive information regarding Henri Paul, for which it had assigned Request No. 0927097-000. It additionally acknowledged that it had only searched for responsive records in the automated indices that are indexed as main files.

131. By letter dated August 7, 2000, the FBI indicated it did not possess any responsive information regarding Emad Dodi Fayed, for which it had assigned Request No. 0927096-000. It additionally acknowledged that it had only searched for responsive records in the automated indices that are indexed as main files.

132. By letters dated August 7, 2000, the FBI declined to process those requests relating to third parties for whom no privacy waiver had been submitted. These requests had been assigned Request Nos. 0927099-000, 0927100-000, 0927102-000 through 0927105-000, 0927107-000, 0927108-000, 0927111-000 and 0927113-000.

133. By letter dated August 14, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request to the FBI's Legal Attaches in Vienna, Austria for disclosure of all information pertaining to twenty categories of names and events related to the August 31, 1997, deaths of Princess Diana, Dodi Al Fayed and Henri Paul. See Exhibit "1". The request additionally sought expedited processing and a fee waiver.

134. By letter dated August 14, 2000, the FBI's Washington Field Office indicated it had failed to locate any responsive records pertaining to Princess Diana, Emad "Dodi" Fayed or Henri Paul, that it possessed records relating to Mohamed Al Fayed but was withholding them pursuant to (j)(2) of the Privacy Act and FOIA Exemption (7)(A), that it had located records responsive to Richard Tomlinson but that FBI Headquarters had assumed processing responsibility and that with respect to any third party requests a privacy waiver would have to be submitted first before processing could begin.

135. By letter dated August 14, 2000, Al Fayed and Punch identified the following FBI employees as individuals who likely possess responsive information: Robert M. Bryant, Deputy Director, Special Agent Paul Timko, Washington Field Office, Special Agent James R. Sobchack, Washington Field Office, Special Agent Armin Showalter, Washington Field Office, Julianne Slifco, Legal Attache, United States Embassy, Vienna, Austria and M. Miles Burden, Assistant Legal Attache, United States Embassy, Vienna, Austria.

136. By letter dated August 15, 2000, Al Fayed and Punch notified the FBI that it had impermissibly narrowed the appropriate search parameters with respect to 0927096-000 (Fayed, Emad Dodl) and 0927097-000 (Paul, Henri). The FBI was specifically instructed to search for any "see references", numbered and lettered subfiles, 1A envelopes, ticklers, enclosures behind files (EBFs), Bulky Exhibits, control files, "JUNE" files, abstracts, search slips including search slips used to process this request, file covers and tapes of electronic surveillance, any "DO NOT FILE" files, SAC safes, special files rooms and the offices and workplaces of any FBI officials who were previously identified in the earlier letter dated August 14, 2000, as well as any other officials who may potentially maintain responsive records. Finally, all relevant FBI components including, but not limited to, the General Investigative Division, Internal Security, and Congressional Liaison Unit were tasked to be searched for any responsive records. The FBI was requested to re-open the two closed requests, and that if it declined it should consider this a new request. Additionally, the FBI was requested to reconsider its decision not to search for records concerning third parties without the submission of a privacy waiver.

137. Not withstanding Al Fayed and Punch's August 15, 2000, request to the FBI for reconsideration, an administrative appeal was filed dated August 15, 2000, challenging the FBI's refusal to process third party requests without submission of a privacy waiver.

138. By letter dated August 15, 2000, the FBI's Los Angeles Field Office declined to process those requests relating to third parties for whom no privacy waiver had been submitted.

139. By letter dated August 16, 2000, the FBI's Los Angeles Field Office indicated that no responsive records were found concerning Princess Diana, Emad Dodi Fayed, Henri Paul or Mohamed Al Fayed. It additionally acknowledged that it had only searched for responsive records in the automated indices that are indexed as main files.

140. By letter dated August 16, 2000, the FBI's Los Angeles Field Office indicated that it possessed records pertaining to Richard Tomlinson, but was withholding them pursuant to (j)(2) of the Privacy Act and FOIA Exemption (7)(A).

141. By letter dated August 16, 2000, Al Fayed, through counsel, submitted a FOIA request to the FBI's field office in North Miami Beach, Florida, for records pertaining to himself. Multiple variations of his name were provided to facilitate a search for responsive records.

142. By letter dated August 16, 2000, the FBI indicated it had assigned Request No. 0927682-000 to its search for records relating to Mohamed Al Fayed et al.

143. By letter dated August 16, 2000, Al Fayed, through counsel, submitted additional information regarding multiple variations of the spelling of his name and relevant FBI file numbers to facilitate a search for responsive records. The FBI was specifically instructed to provide copies of this letter to all of its field offices and Legal Attaches to which requests had been previously submitted.

144. By letter dated August 17, 2000, Al Fayed and Punch, through counsel, appealed the FBI's Washington Field Office's responses in its letter dated August 14, 2000, and challenged the denial of access to responsive records, the refusal to process responsive records by referring them to FBI Headquarters and the refusal to process third party requests without submission of a privacy waiver.

145. By letter dated August 17, 2000, Al Fayed and Punch, through counsel, submitted a FOIA request for records pertaining to John Leslie Macnamara, as well as requested a fee waiver and expedited processing. The FBI was specifically instructed to provide copies of this letter to all of its field offices and Legal Attaches to which requests had been previously submitted.

146. By letter dated August 17, 2000, the FBI's Office of Legal Attache in the United States Embassy in London, United Kingdom, indicated that it "does not maintain closed investigative or administrative files" and referred the FOIA request to FBI Headquarters.

147. By facsimile dated August 18, 2000, the FBI acknowledged receipt of Al Fayed and Punch's 1701A request dated August 17, 2000.

148. By letter dated August 18, 2000, the FBI requested additional information regarding Al Fayed.

149. By letter dated August 22, 2000, the FBI was reminded that the requested information concerning Al Fayed had already been submitted, that it had already processed a request under the same name and located responsive records, but that the information was being provided again.

150. By letter dated August 22, 2000, Al Fayed and Punch notified the FBI's Los Angeles Field Office that it had impermissibly narrowed the appropriate search parameters. The field office was specifically instructed to search for any "see references", informant reports, summaries of informant activity, results of interviews with subjects of investigation, memos concerning whether or not to proceed with an investigation, agent's memos on phone calls made or received, letters requesting information from phone company, credit bureaus, etc., requests from one field office to another, agent's memos on following leads, interviews or record checking, interview logs, requests for mail covers,, correlation summaries for field offices, numbered and lettered subfiles, 1A envelopes, ticklers, enclosures behind files (EBFs), Bulky Exhibits, memos about receipt and destruction of bulky exhibits, control files, "JUNE" files, abstracts, search slips including search slips used to process this request, file covers and tapes of electronic surveillance, any "DO NOT FILE" files, SAC safes, special files rooms and the offices and workplaces of any FBI officials who may possibly possess responsive records. The field office was requested to re-open the closed requests, but that if it declined it should consider this a new request. Additionally, the FBI was requested to reconsider its decision not to search for records concerning third parties without the submission of a privacy waiver.

151. Not withstanding Al Fayed and Punch's August 22, 2000, request to the FBIs Los Angeles Field Office for reconsideration, an administrative appeal was filed by letter dated August 22, 2000, regarding the responses in the letters dated August 15, 2000, and August 16, 2000, and challenging the denial of access to responsive records, the impermissible narrowing of its search parameters, and the refusal to process third party requests without submission of a privacy waiver.

152. Al Fayed has exhausted the required administrative remedies with respect to items five and six of his request dated December 15, 1998. Al Fayed and Punch are not required to exhaust administrative remedies with respect to their requests for expedited processing. Nor do administrative remedies need to be exhausted with respect to the FBI's field office in Las Vegas or the Legal Attaches in London, United Kingdom and Paris, France, as these offices have not issued a formal determination regarding the requested documents,

153. Al Fayed and Punch have a legal right under the FOIA to be granted expedited processing, a fee waiver, and to obtain the information they seek, and there is no legal basis for the denial by FBI of said right.