The Record That Exists — and Doesn’t: Communications With a Federal Agent
HHS-OIG: No Responsive Documents Exist
On March 2, 2018, Dr. Bradley Foerster and his wife, Dr. Myria Petrou, were interviewed at the FBI's Ann Arbor office by FBI Special Agent Sue Lucas and an individual who identified himself as HHS-OIG Agent Tyson Howard. The individual identifying himself as Howard did not show Dr. Foerster or Dr. Petrou a federal identification badge, but provided them with an HHS-OIG business card.
Nearly eight years later, FOIA requests to the University of Michigan and HHS-OIG produced sharply different determinations concerning communications between Howard and University of Michigan Professor Dr. Ella Kazerooni.
In January 2026, Dr. Petrou submitted a Freedom of Information Act request to the University of Michigan seeking communications between Dr. Kazerooni and HHS-OIG Agent Tyson Howard referencing Dr. Petrou and several other named individuals.
On February 2, 2026, the University responded:
The University invoked Michigan FOIA's exemption for certain communications and notes of an advisory nature, stating that the public interest in encouraging frank communication between employees of public bodies outweighed the public interest in disclosure.
Dr. Petrou appealed the denial. On February 17, 2026, the University President's Office denied the appeal and affirmed the University's determination.
The University had therefore located a responsive communication between Dr. Kazerooni and Tyson Howard, but would not release it.
In July, Dr. Foerster submitted a corresponding federal FOIA request directly to HHS-OIG seeking all communications between HHS-OIG Special Agent Tyson Howard and Dr. Ella Kazerooni from January 1, 2015, to the present.
The request expressly informed HHS-OIG that the University had already identified a responsive communication and provided HHS-OIG with a copy of the University's determination.
On August 3, 2026, HHS-OIG issued its final determination:
HHS-OIG further advised Dr. Foerster of his right to appeal “the finding that no records exist within OIG responsive to your request.”
The two determinations are difficult to reconcile.
The University says it located a responsive communication between Dr. Kazerooni and Tyson Howard. HHS-OIG says that after a “thorough search,” it located no responsive documents.
Importantly, HHS-OIG conducted its search with knowledge of the University's determination. Dr. Foerster expressly informed HHS-OIG that the University had identified a responsive communication and provided HHS-OIG with a copy of the University's response.
The record therefore presents a straightforward question:
That question takes on additional significance because the HHS-OIG investigation was subsequently relied upon by the University in proceedings against Dr. Foerster.
No conclusion is offered here as to why the two institutional determinations differ.
The University says it located the record. HHS-OIG says it has no responsive documents.
The documents are reproduced below so readers can examine the record for themselves.
Related Reporting: The HHS-OIG Tyson Howard Question: Sworn Affidavits, the FBI Interview, and the University of Michigan 5.09 Proceedings
Exhibit 1 — University of Michigan FOIA Determination
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Exhibit 2 — University of Michigan FOIA Appeal Decision
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Exhibit 3 — Reciprocal HHS-OIG FOIA Request
Exhibit 4 — HHS-OIG Final FOIA Determination
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Selected Reporting
- Bradley Foerster Submits 140-Exhibit, 1,121-Page Documentary Chronology to FBI for Supervisory Review of the Investigation Involving Dr. Bradley Foerster, Dr. Myria Petrou, and Duaa Altaee
- From One FBI File to a Legislative Proposal: Peter and Maria Foerster Ask Senator Van Hollen's Office and Congressman Jamie Raskin to Consider a Uniform Administrative Framework for Federal Investigations
- Eva Feldman Documentary Chronology: 139 Exhibits on NIH R01NS082304, University Proceedings, and Federal Investigation — No Response Received
- Bradley Foerster and Myria Petrou Send Ann Arbor Officials Documentary Chronology on AAPD and Related Federal Investigations — No Response Received
- Timothy Lynch Documentary Chronology: 63 Exhibits on University of Michigan Office of General Counsel, University Investigations, and Law Enforcement — No Response Received
- Bradley Foerster and Myria Petrou Documentary Chronology: 8 Exhibits Document More Than Two Years of Efforts to Trace Bank of Ann Arbor's $1.4 Million Sheriff's Sale Credit Bid — No Response Received
Brad Foerster, MD PhD
Brad Foerster is a FOIA advocate documenting requests, transparency disputes, and accountability investigations involving public agencies, universities, police oversight, and Russia-Gate related inquiries. His work compiles original documents, timelines, and analysis of public records and institutional responses. Brad is also a board-certified radiologist, author of Town & Gown, and has published over 40 peer-reviewed articles. Brad lives in Potomac, Maryland with his family and is a member of the Montgomery County Medical Society and the Takoma Park U.S. & World History Book Club.