Dear Atlantic County Prosecutor's Office,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
On October 17, 2023 I respectfully requested the number of Cyber-Tips and arrests made as a result of those Cyber-Tips during 2019.

On October 24, 2023 I received this response:

"A request for records pursuant to the Open Public Records Act must specifically identify the
government records sought. “[A]gencies are only obligated to disclose identifiable government records...Wholesale requests for general information to be analyzed, collated and compiled by the agency are outside OPRA’s scope.” Burke v. Brandes, 429 N.J. Super. 169, 174 (App. Div. 2012).

As your requests do not specifically identify discrete records that you seek, they are overbroad requests for “general information...to be analyzed, collated and compiled[.]” You also have not established your entitlement under the common law right of access, see N. Jersey Media Group Inc. v. Bergen County Prosecutor’s Office, 447 N.J. Super. 182, 210 (App. Div. 2016). Accordingly, I must respectfully deny your request.

Very truly yours,
Kristen Pulkstenis
Assistant Prosecutor
Custodian of Records"

On November 28, 2023 I received a response from AP Pulkstenis with an attached and signed Memorandum of Understanding between the ACPO and the NJ State Police for your participation in the Internet Crimes Against Children Task Force. The specific records I would like released in accordance with the OPRA are described on page 4 of the signed MOU:

"Reporting
By the fifth (5th) day of each month a designee from each participating agency shall report all statistics pertaining to ICAC Investigations, on the attached monthly reporting form, which will be kept on record by the ICAC Commander. All statistics will be combined on a New Jersey Regional ICAC Task Force form and delivered to the ICAC Grant Program Manager at OJJDP. Bi-Annually during the FFY, the ICAC Commander must outline the current project and report on outstanding investigations conducted during this six (6) month period. Each participating agency will highlight those investigations conducted by their investigators and forward them to the ICAC Commander for the Bi-Annual Report. "

The specific records identified are probably entered using the ICAC Data System in 2023, but regardless, they are specified and identified records covered by the OPRA.

Kindly review and release the records for the 2019 Cyber-Tips, Arrests made as a result of those Cyber-Tips and any grant funding received by the ACPO.

Yours faithfully,

Sean Nelson Boero

Dear OPRA,

Received. The Atlantic County Prosecutor's Office is reporting that they are not in possession of the responsive records.

I identified the specific records you are required to report and maintain as a member of the NJ State Police Internet Crimes Against Children Task Force.

I was the Unit Head of the NJ State Police Cyber Crimes Unit when I retired and am very familiar with the records and personnel who worked these important cases in your office.

You have chosen not to comply with the OPRA and release those records.

Yours sincerely,

Sean Nelson Boero

Dear OPRA,

Fair enough.

Yours sincerely,

Sean Nelson Boero