The Record That Exists — and Doesn’t: Communications With a Federal Agent

One Communication. Two Official FOIA Determinations.
University of Michigan: One Responsive Record Exists
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 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:

“One responsive record that was located is exempt and withheld from disclosure.”

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's position was clear:

It had 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:

“a copy of all communications between HHS-OIG Special Agent Tyson Howard and Dr. Ella Kazerooni of the University of Michigan from January 1, 2015, to the present.”

The request specifically informed HHS-OIG that the University had already identified a responsive communication and withheld it from disclosure. A copy of the University's determination was provided to HHS-OIG with the request.

HHS-OIG issued its final determination on August 3, 2026:

“Our office conducted a thorough search for records responsive to your request but could not locate any responsive documents.”

HHS-OIG further advised 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.

UNIVERSITY OF MICHIGAN
One responsive communication was located and withheld.
HHS OFFICE OF INSPECTOR GENERAL
After a “thorough search,” no responsive documents were located.

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 documentary record therefore presents a straightforward question:

How does the University possess a responsive communication between Dr. Kazerooni and an individual identified as HHS-OIG Agent Tyson Howard when HHS-OIG reports that, after a thorough search, it has no responsive documents?

That question takes on additional significance because the HHS-OIG investigation was subsequently relied upon by the University in proceedings against 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: Sworn Affidavits Document the March 2, 2018 FBI Interview and Subsequent Efforts to Verify HHS-OIG Agent Tyson Howard

Exhibit 1 — University of Michigan FOIA Determination
February 2, 2026 · FOIA Request 260972
Exhibit 2 — University of Michigan FOIA Appeal Decision
February 17, 2026 · FOIA Request 260972
Exhibit 3 — Reciprocal HHS-OIG FOIA Request
July 2026
Exhibit 4 — HHS-OIG Final FOIA Determination
August 3, 2026 · FOIA Request 26-0740
Author Image

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 active in the Montgomery County Medical Society and the Takoma Park U.S. & World History Book Club.