UNITED

STATES

IN

THE

UNTTED STATES

DISTRICT

COURT

FOR

THE

EASTERN

DISTRICT

OF

NORTH CAROLINA

WESTERN

DTVISION

NO. 5:14-CV-475-FL

OF

AMERICA,

PlainEiff,

I'NITED

STATES'

RESPONSE

TO

CI,AIIiTANTS'

REOUEST

FOR

ADMISSIONS

(

SECOND

SET

OF

DISCOVERY)FUNDS

CONTAINED

IN THE

:

BETTER

BUSINESS

CHECKING

:

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

hereby

respond

for the

EasEern

District of

North

Caro1ina,

and

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.

AdmiE

that

you

never

charged

Claimant

Tom

Bednar

crime

relat.ed

to this forfeit.ure

action.

RESPONSE:

Admit.

with

anv

GOVERNMENT

EXHIBIT

CASE

NO.

ExHBn

fx-,,'

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

 

4-

Admit

that

you

never

charged

Claimant

Tom

Bednar

with

any

related to the

Defendant

Property.

RESPONSE:

Admit.

5.

Admit

that

you

never

charged

Claimant

Marla

Bednar

with

any

crime

related to stolen

goods.

RESPONSE: AdmiE.

6

-

Admit

thaE you

never

charged

Claimant

Tom

Bednar

v',ith

any

crime

related to stolen

goods.

RESPONSE: AdmiE.

7.

Admit

that

during

your

invesEigation

you

never

found proof

thaE

Claimant

Marla

Bednar

knowingly

purchased

stolen

goods.

RESPONSE:

Admit.

8.

Admit

that

durlng your

investigation

you

never

found proof

that

Claimant

Marla

Bednar knowj-ngly

sold

stoLen

goods.

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

goods-

RESPONSE: AdmiE.

11.

Admit

that

during your

investigation

you

never

found proof

that

Defendant

Property

included

proceeds

from

illegalactivity.

RESPONSE:

Admit.

L2.

AdmiE

that whife

searching

Claimant's

home,

on

AugusE

14,

2074, you

never

found

proceeds

of illegal actiwity.

RESPONSE:

No employee

of the

United States

was

present

during

the

August

L4,

2oI4

search

of

Cl,aimanEs'

home

and,

thus, the plaintifflacks sufficienE information to allow it to

admit

or

deny

this

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

civilforfeiture action,

you never

provided

Cl-aimant

Marla

Bednar

with

any

official

Notice

of

Law

or other written notificationof

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.

RESPONSE:

Admit.

However,

Tom

Bednar was

provided

notice of

the

ant

i

-

s

Eructuring

provisions of federal

1aw

by

bank

officials.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

any

criminal

offense.

RESPONSE:

The

plainEiff

can

neit.her

admit

nor

deny

this

statemenE.,

as it

has

no

knowledge

of the

source

of the

funds

seized.

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

isthe

proceeds

of

any

criminal

offense.

RESPONSE:

Admit.

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