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5 FAH - 4 H - 217.1 Responsibilities
c. Departing officials must ensure that all record material that they possess is incorporated in the Department’s official files a nd that all file searches for which they have been tasked have been completed, such as those required to respond to FOIA, Congressional, or litigation - related document requests. Fines, imprisonment, or both may be imposed for the willful and unlawful remo val or destruction of records as stated in the U.S. Criminal Code ( e.g. , 18 U.S.C. , section 2071).

32 posted on 03/13/2015 2:50:15 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)

Fines, imprisonment, or both may be imposed for the willful and unlawful removal or destruction of records...

If the Department never received them there can be no removal.
Now destruction...popcorn?

33 posted on 03/13/2015 2:59:57 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)