The record contains two dated failures of electronic service to Lake County prosecutors and a separate Attorney General “no responsive records” determination. The November 2 Giannoulias motion collects these events in paragraphs 31–33 and asks that the underlying native records be preserved. 2026 11 02 verified giannoulias motion · public reading copy. 2026 11 02 supplemental exhibits 1 3 · public reading copy.
Francis DeRosa · June 23 to July 13
The motion records an automatic reply from DeRosa’s county address at 1:14 p.m. on June 23, 2026, after a written preservation demand. On July 13 at 8:09:38 p.m., the county server returned 550 5.1.10 RESOLVER.ADR.RecipientNotFound. The quoted diagnostic identifies the county address as not found by SMTP address lookup. The motion cites Exhibit G to the July 14 supplemental notice, reproduced in the chronological binder at pages 591–593.
Nicholas Shepherd · September 25
Supplemental Exhibit 1 reproduces the September 25, 2026 failure notice at 9:40:41 p.m. CDT: 550 5.4.1 Recipient address rejected: Access denied. The failed recipient is Shepherd’s county address. The same transmission named Benjamin Dillon and the State’s Attorney’s office; the exhibit records one failure notice, naming Shepherd. It preserves the message identifiers, timestamps, gateway, and diagnostic code.
These artifacts establish the delivery outcomes and the change from the earlier correspondence history. The preservation questions concern recipient-object changes, mailbox and archive contents, transport logs, account administration, and the litigation holds in force on the relevant dates. Each category has its own record and custodian.
Francis DeRosa: the conditional 20-year federal exposure
Francis P. DeRosa IV could face up to 20 years in prison under 18 U.S.C. § 1512(c)(1) if a U.S. Attorney proves beyond a reasonable doubt that he corruptly altered, destroyed, mutilated, or concealed relevant records—or attempted to do so—with intent to impair their integrity or availability for use in the pending federal litigation.
Read 18 U.S.C. § 1512(c)(1) and its 20-year statutory maximum. Section 1515(a)(1)(A): proceedings before a federal judge or court.
The proceeding identified in this theory is the pending federal court litigation. Section 1515(a)(1)(A) covers a proceeding before a United States court, including a private party’s federal civil case. The required connection is between the alleged corrupt impairment of identified records and their use in that proceeding. The prosecution would have to establish the act or attempt, the actor, corrupt intent, and that evidentiary connection.
The June 23 preservation demand and July 13 recipient-lookup failure identify the sequence to examine. Native record and account audit histories identify whether records were altered, destroyed, or concealed, who acted, and what material was available for the litigation. The 20-year figure is the statutory ceiling on conviction under subsection (c).
The August 3 FOIA 079127 response
The request covered July 11–26, 2026 and named communications between specified Attorney General custodians and Lake County correspondents. Ptacek’s August 3 letter states that the office searched and located no responsive records. 2026 08 03 foia 079127 letter · public reading copy.
The November 2 motion compares the request with the letter’s rendering of case captions and identifiers, including the typed forms “Sr.epherd”, “Gjannoulias”, and “Juhkin”. It requests preservation of the native search logs, custodian parameters, and the intake/provenance records for Exhibit 1. The letter’s representation is a no-responsive-records search result; the underlying request, actual query strings, systems, dates, and result sets identify what that search covered.
The concrete records to inspect
- County recipient-directory audit entries and the timestamps of account or alias changes.
- Mailbox archives, recoverable items, retention policies, hold notices, and eDiscovery exports.
- The complete message traces and delivery reports for each dated transmission.
- The Attorney General’s native FOIA searches, exact identifiers, custodians, run dates, and result sets.
- Intake and transmission records for the material supplied with the State’s administrative-review memorandum.
The documented sequence warrants exacting scrutiny of record preservation and service access. Read the Giannoulias case and its November 2 relief requests.