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je Perorney General . October 25, 1974 ) 4 1 - Mr. Mintz ~~ Director, FBI b7e \ © OF y in July concerning one ang. Accord— L- Pm syj— . background would serve the public interest. N review of our files developed several references z) to oerarmat but none were located which indicated his = involvement with the Al Capone gang. Consequently, since fal the £i mcerning the Al Capone gang are over 15 years old, o was advised tha ding to our interpretation i epartmental Order 528-73, was not of the histori- © cal significance envisioned by that Order. : » ‘Zz o Representatives of the Department's Office of Legal vised us that * garth. * “ a — a NOT RECORDED Although the preceding statement is acaffrate, itidids been the FBI's policy in implementing the provisions of the Preedom of Information Act that in those cases whenenone—eaety— inquires as to whether we have a record on a third party, that we do not respond to such inquiry indicating,whethercpr not we have such a rocord, but xeply by indicating that such informa- to tion would not be ‘availablesto a third party. In appropriate cases, we go on to explain that the divulgence by: tbe+ an individua},that a third party does or does not havd a record with the MBI could lead to an invasion of.gr the individual about whom the inquiry was made. ~ [id 0 pak - MAIL ROOM