IN THE UNTTED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DTVISION
NO. 5:14-CV-475-FL
UNITED STATES OF AMERICA,

PlainEiff,
I'NITED STATES'
FUNDS CONTAINED
BETTER BUSINESS

IN THE
CHECKING

RESPONSE TO

CI,AIIiTANTS' REOUEST FOR

ADMISSIONS ( SECOND SET

DISCOVERY)

OF

ACCOUNT NUMBERED 802070987 AND:

THE BUSINESS SWEEP ACCOUNT :

NWBERED 8021.27715 AT CAPITAL :

BANK, UP TO $359, 557 . 25, rN
:
THE NAME OF MARI,A BEDNAR D/B/A,I
MARLA ENTERPRISES,

Defendants.
Come Now Ehe

United States, by and through the United

States Attorney for the EasEern District of North Caro1ina, and

hereby respond to claimanEs' request for admissions:
RESPONSES TO REQUEST FOR ADMISSIONS

1.

Admit that you never charged Claimant Marla Bednar with any
crime relaEed to this forfeiture act.ion.
RESPONSE: Admit.

2.

Admit thaE you never charged Claimant Marla Bednar with any
crime related Eo the Defendant property.
RESPONSE: Admit.

3.

that you never charged Claimant Tom Bednar with

crime relat.ed to this forfeit.ure action.

AdmiE

RESPONSE: Admit.

anv
GOVERNMENT

EXHIBIT
CASE
NO.

ExHBn

Case 5:14-cv-00476-FL Document 36-1 Filed 05/19/15 Page 1 of 6

fx-,,'

4-

Admit that you never charged Claimant

related to the Defendant Property.

Tom Bednar

with

any

RESPONSE: Admit.

Admit that you never charged Claimant Marla Bednar with any
crime related to stolen goods.

5.

RESPONSE: AdmiE.
6

Admit thaE you never charged Claimant

crime related to stolen goods.

Tom Bednar

v',ith any

RESPONSE: AdmiE.

Admit that during your invesEigation you never found proof

thaE Claimant Marla Bednar knowingly purchased stolen goods.

7.

RESPONSE: Admit.

Admit that durlng your investigation you never found proof

that Claimant Marla Bednar knowj-ngly sold stoLen goods.

8.

RESPONSE: Admit
9

Admit that during your investigation you never found proof

that Claimant Tom Bednar knowingly purchased stol,en goods.

RESPONSE: Admit.

10. Admit. that during your i.nvesLigaEion you never found proof
thaL Claimant Tom Bednar knowingly sold stolen goodsRESPONSE: AdmiE.

11. Admit that during your investigation you never found proof
that Defendant Property included proceeds from illegal
activity.
RESPONSE: Admit.

L2.

that whife searching Claimant's home, on AugusE

2074, you never found proceeds of illegal actiwity.

AdmiE

14,

of the United States was present during

the August L4, 2oI4 search of Cl,aimanEs' home and, thus, the plaintiff
lacks sufficienE information to allow it to admit or deny this
RESPONSE: No employee

statemenE.

Case 5:14-cv-00476-FL Document 36-1 Filed 05/19/15 Page 2 of 6

13. Admit t.hat prj,or to your filing of the present civil

forfeiture action, you never provided Cl-aimant Marla Bednar
with any official Notice of Law or other written notification
of 31 U.S.C. Section 5324 or ot.her federal ant i. - structuring
1aws.

RESPONSE: Admit.

74. Admit Ehat prior to your filing of the present civi]

forfeiture action, you never provided Claimant Tom Bednar with
any official Notice of Law or other writt.en notificaE.ion of 31
U.S.C. Sectiorl 5324 or other federal anti - struct.uring 1aws.
Admit. However, Tom Bednar was provided notice of the
Eructuring provisions of federal 1aw by bank officials.

RESPONSE:
ant i

-s

15. Admit Ehat prior to your filing of the present action, you
never provided Claimant Marla Bednar with any not.ice that her
banking practices raised the possibilit.y t.hat her bank account
or its contents could be seized or forfeit.ed.
RESPONSE: AdmiL,

16. Admit that prior to your filing of Ehe present action, you
never provided Claimant Tom Bednar with any notice EhaE his
banking practices raised the possibility thaL his bank account
or its contents coul,d be seized or forfeit.ed.
RESPONSE: AdmiE.

L7. Admit that Defendant Property is not the proceeds of

criminal offense.

any

plainEiff can neit.her admit nor deny this

statemenE., as it has no knowledge of the source of the funds seized.
RESPONSE: The

18. Admit that you do not contend Ehat Defendant Property is the
proceeds of any criminal offense.
RESPONSE: Admit.

19. Admit Ehat. you have no evidence that the Defendant Property is
the proceeds of any criminal offense.
RESPONSE: Admit.

Case 5:14-cv-00476-FL Document 36-1 Filed 05/19/15 Page 3 of 6

20. Admit that Ehe Defendant Property is not the proceeds of any
conduct giving rise to forfeiture under federal forfeiture
Iaws.
RESPONSE: Admj.t, provided EhaE the plaintiff
contends that the
property is involved in conduct giwing rise to forfeiture under
federal forfeiture Laws
-

2f.

Admit EhaL you do not contend that the Defendant Property is

the proceeds of any conducE giving rise to forfeiEure under

federal forfeiture laws.

Admit, provided that Ehe plaintiff contends thaE the
property is involved in conduct giwing ri-se to forfeiture under
federal forfeiture 1aws.
RESPONSE:

22. Admit that you hawe no evidence that the Defendant Property is
the proceeds of any conduct giving rise to forfeiture under
federal forfeiEure Iaws.
RESPoNSE: Admit, provided that the plaintiff
contends that
property is involved in conduct giwi-ng rise to forfeiEure under
federal forfeiture Laws.

Che

23. Admit that Defendant Property is the lawful earnings from

Claimant.s' business Marla Enterprises.

plaintiff

can neither admit nor deny this

no
knowledge
statemenE, as it has
of Che source of the funds seized,
RESPONSE: The

24. Admit that you do not conlend that the Defendant Property is
anything other than the ]awfuI earnings from claimanE's
business.
can neither admit nor deny this
RESPONSE: 'Ihe plaintiff
it
has
no
knowledge
of Ehe source of the funds seized
staEemenE, as

and, thus, whether it is or is not lawfu1 earnings from cfaimants'

busi,ness. It. further does contend that, even if it were 1awful
earnings, iE constitutes funds involved in conduct giving rise to
forfeiEure under federal forfeiture Iaws.

25. Admit that Defendant Property represents the proceeds of

legitimate business activities aE Claimants' business Marla
Enterprises.
4

Case 5:14-cv-00476-FL Document 36-1 Filed 05/19/15 Page 4 of 6

plainLiff can neither admit nor deny this

has
no knowledge of the source of the funds seized.
sLatement, as it
RESPoNSE: The

26. Admit that you do not contend that. the Defendant Property is
anything other than the proceeds of legitimat.e business
activities at Claimants' business, Marla Enterprises.
can neither admiE. nor deny this
statement, as it has no knowledge of the source of the funds seized
and, thus, whether it is or is not 1awfu1 earnings from claimants'
business. ft further does contend that, even if it were lawful
earnings, it constitutes funds involved in conduct giving rise to
forfeiEure under federal forfeiture Laws.
RESPONSE: The

2'1

plaintiff

Admit that the 28 withdrawals listed in paragraph 7 of Officer

Tate's Declaration in Support of Application for warrant or
Arrest in Rem are not the only W.it.hdrawals Claimants made from
their Accounts beEween ,ranuary 6, 20L4 and February 3, 20f4.

RESPONSE: Admit..

RespecEfully submittsed this 29th day of ApriL, 2015.

THOMAS

G.

WALKER

United SEates Attorney

BY:

/s/ Stephen A.
STEPHEN A. WEST

West

AssistanE. UniEed StaEes AEEorney

for Pl-aintif f
Civil Division

At.E.orney

310 New Bern Avenue

Federal Building, Suite 800

Raleigh, N. C. 27601-1451
Telephone: (919) 855-4530
Facsimile: (919) 856-4821
E-maiI : steve.wesE.@usdoj . gov
NC St.ate Bar No. 12586

Case 5:14-cv-00476-FL Document 36-1 Filed 05/19/15 Page 5 of 6

CERTIFICATE OF SERVICE

I do hereby certify that I have this 29th day of Apri1,

2015, served a copy of the foregoing United States' Response

Eo

Claimants' Request for Admissions upon counseL el-ectronically at

the electronic address

bel-ow:

DanieLle R. Sassoon

Attorney at Law
Kirkland & E11is,

LLP

Danielle . sassoon@kirkland.

com

THOMAS

G.

WALKER

UniEed SEaEes Attorney

BY:

/s/

SEephen

A.

West

STEPHEN A. WEST
Assistant UniEed SEates Attorney
At.t.orney for PlainEiff
Civif Division

310 New Bern Avenue

Federaf Building, SuiEe 800
Raleigh, Nort.h Carolina 27501-1461

Telephone:

) 856-4530
Facsimile:
) 856 - 4821E-maiI: steve . west@usdoj . gov
NC St.aEe Bar No. 12586
(919
(919

Case 5:14-cv-00476-FL Document 36-1 Filed 05/19/15 Page 6 of 6