FBI Records Document a Prosecution Declination in the Eastern District of Michigan — Executive Office for United States Attorneys Twice Reports No Responsive Records
Two federal investigative records document a criminal-prosecution declination in connection with HHS-OIG Case No. 5-17-0-0192-4.
The first, an August 2019 HHS-OIG closing memorandum, records that discussions with the Office of the United States Attorney resulted in a declination. Four months later, an FBI record identifies the office as the U.S. Attorney’s Office for the Eastern District of Michigan.
In July 2026, EOUSA reported that a search of that office revealed no responsive records.
On September 17, 2026, Dr. Bradley Foerster appealed that determination and filed a new FOIA request using an additional FBI case number contained in the FBI record.
August 21, 2019 — HHS-OIG Records the Declination
The HHS-OIG Closing Investigative Memorandum identifies Case No. 5-17-0-0192-4 as involving alleged fraud in the funding of a study through NIH Grant R01NS082304.
HHS-OIG stated:
“Discussions with the Office of the United States Attorney resulted in a declination of the criminal prosecution. The criminal case is therefore closed.”
The memorandum states that the investigation concerned possible violations of 18 U.S.C. § 666, Theft or Bribery Concerning Programs Receiving Federal Funds. The memorandum does not identify the U.S. Attorney’s Office involved.
December 19, 2019 — The FBI Identifies the U.S. Attorney’s Office
Four months later, the FBI documented the disposition in FBI Serial 36, Case No. 46H-DE-2595857:
“Criminal prosecution was declined by the US Attorney’s Office in the Eastern District of Michigan. This case is therefore closed.”
The FBI record adds two pieces of information not provided by the HHS-OIG closing memorandum: the identity of the U.S. Attorney’s Office and FBI Case No. 46H-DE-2595857.
Neither released record identifies the precise matter presented for prosecutorial review or the basis for the declination.
July 28, 2026 — A Search of the Eastern District of Michigan Finds No Responsive Records
Dr. Foerster subsequently sought records from the U.S. Attorney’s Office for the Eastern District of Michigan concerning the matter identified in the HHS-OIG closing memorandum.
EOUSA assigned the request EOUSA-2026-004470.
The July 28, 2026 response states:
“A search for records located in the United States Attorney’s Office(s) for the Eastern District of Michigan has revealed no responsive records regarding the above subject.”
The response contains a separate option for records that might have been responsive but were destroyed pursuant to an approved records-retention and disposition schedule. That option was not selected.
September 17, 2026 — The No-Records Determination Is Appealed
On September 17, Dr. Foerster filed an administrative appeal with the Department of Justice Office of Information Policy.
The appeal was assigned A-2026-02582.
The appeal cites the HHS-OIG and FBI records and requests a renewed search of the U.S. Attorney’s Office for the Eastern District of Michigan using the additional identifying information.
That information includes FBI Case No. 46H-DE-2595857, HHS-OIG Case No. 5-17-0-0192-4, NIH Grant R01NS082304, Bradley Foerster, and Myria Petrou.
September 17, 2026 — A New FOIA Request Uses the FBI Case Number
Dr. Foerster separately submitted a new FOIA request to EOUSA.
Unlike the earlier request, the new request expressly provides FBI Case No. 46H-DE-2595857 and quotes the FBI statement identifying the Eastern District of Michigan as the office that declined criminal prosecution.
The request seeks records concerning the “referral, consultation, review, consideration, or declination of criminal prosecution,” including communications with the FBI or HHS-OIG.
The FBI record, HHS-OIG closing memorandum, and July 2026 EOUSA response were identified as supporting exhibits.
September 24, 2026 — Search Using the FBI Case Number Again Finds No Records at the U.S. Attorney’s Office for the Eastern District of Michigan
On September 24, 2026, EOUSA issued its determination on Dr. Foerster’s follow-up FOIA request.
This time, there is no ambiguity about the search identifiers provided to EOUSA. The determination itself lists:
FBI Case No. 46H-DE-2595857, HHS-OIG Case No. 5-17-0-0192-4, NIH Grant R01NS082304, Bradley Foerster, and Myria Petrou.
EOUSA nevertheless again reported:
“A search for records located in the United States Attorney’s Office(s) for the Eastern District of Michigan has revealed no responsive records regarding the above subject.”
The response separately provides options stating that requested records “cannot be located” or that potentially responsive records “were destroyed pursuant to the agency’s record retention and disposition schedules.” Neither option was selected.
The follow-up request was submitted specifically to test whether the additional FBI case number and related identifiers would locate the records underlying the declination described by HHS-OIG and the FBI.
They did not.
What the Records Do Not Yet Explain
The documentary sequence is clear:
HHS-OIG documented a declination. The FBI identified the U.S. Attorney’s Office for the Eastern District of Michigan. A later search of that office produced no responsive records.
The released documents do not show what was presented to the U.S. Attorney’s Office, what records the office received or created, the basis for the declination, or why the later search located no responsive records.
The September 17 administrative appeal and follow-up FOIA request seek records that may address those unresolved questions.
Source Documents
The records below document the sequence described above.
HHS-OIG Case No. 5-17-0-0192-4 — HHS-OIG documents that discussions with the Office of the United States Attorney resulted in a declination of criminal prosecution.
FBI Case No. 46H-DE-2595857 — The FBI identifies the U.S. Attorney’s Office for the Eastern District of Michigan as the office that declined criminal prosecution.
FOIA Request No. EOUSA-2026-004470 — EOUSA reports that a search of the U.S. Attorney’s Office for the Eastern District of Michigan revealed no responsive records.
OIP Appeal No. A-2026-02582 — The appeal requests a renewed search using the additional identifying information contained in the FBI record.
The follow-up request asks the U.S. Attorney’s Office for the Eastern District of Michigan to search using FBI Case No. 46H-DE-2595857 and the additional identifiers contained in the federal investigative records.
HHS-OIG Case 5-17-0-0192-4 Documentary Chronology
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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.