IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION
NO. 5:14-CV-476-FL

UNITED STATES OF AMERICA,

:
:
Plaintiff,
:
:
v.
:
:
FUNDS CONTAINED IN THE
:
BETTER BUSINESS CHECKING
:
ACCOUNT NUMBERED 802070987 AND:
THE BUSINESS SWEEP ACCOUNT
:
NUMBERED 802121715 AT CAPITAL :
BANK, UP TO $359,557.25, IN
:
THE NAME OF MARLA BEDNAR D/B/A:
MARLA ENTERPRISES,
:
:
Defendants.
:

MOTION FOR VOLUNTARY DISMISSAL

The United States of America, by and through the United

States

Attorney

for

the

Eastern

District

of

North

Carolina,

pursuant to Federal Rule of Civil Procedure 41(a)(2), hereby

moves to voluntarily dismiss this case.

In support of this

motion, the plaintiff states as follows:

1. In a Complaint filed on August 22, 2014 (DE #1) the
plaintiff

sought

the

forfeiture

of

the

subject

Capital

Bank

accounts under 31 U.S.C. 5317(c)(2) on the basis that they

were involved in the illegal structured withdrawal of funds in
violation of 31 U.S.C. 5324.
2. In a Declaration submitted with the Complaint, United
States

Secret

Service

Special

Agent

Terry

Tate

detailed

pattern of 28 withdrawals from the seized Capital Bank accounts

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Case 5:14-cv-00476-FL Document

between January 6, 2014 and May 29, 2014, totaling $246,230.00,

which appeared structured to evade the CTR reporting threshold
of

$10,000.

The

Declaration

further

noted

that

structuring

activity had previously occurred at First Citizens Bank, which

after providing the claimants with a CTR Reference Guide on
September 22, 2010 making them aware of the anti-structuring
requirements,

terminated

claimants

October

on

activity.
Fifth

The

Third

its

13,

2010

Declaration

Bank,

also

banking
due

to

further

terminated

relationship
continued

notes
its

that

with

the

structuring

another

relationship

bank,

with

the

claimants on December 9, 2010 due to structuring activity.

3. On August 29, 2014 the Court entered an order finding
probable

cause

for

the

forfeiture

of

the

bank

accounts

and

directed the Clerk of Court to issue the Warrant of Arrest In

Rem

(DE

#6).

Acting

on

the

authority

of

the

Warrant,

the

accounts were seized on September 25, 2014.

4. While there was clearly probable cause for the seizure
and

forfeiture

of

the

Capital

Bank

accounts,

and

while

the

United States contends that the property is forfeitable, the

plaintiff declines to proceed further in litigation in light of
the U.S. Department of Justice Policy Directive 15-3, effective
March 31, 2015, under which a forfeiture action like this, where
there

is

no

probable

cause

that

the

funds

structured

generated from unlawful activity, would not be commenced.

were
While

the policy is not retroactive and, therefore, inapplicable to

2 33 Filed 05/01/15 Page 2 of 4
Case 5:14-cv-00476-FL Document

the present case, and while it has no force of law, being merely
a

guide

to

the

exercise

of

prosecutorial

discretion,

the

plaintiff chooses, on the particular facts of this case, to

exercise its discretion not to continue with the litigation of
this case.
ACCORDINGLY, it is requested that the Court dismiss this
case.
A proposed order is being submitted herewith.
Respectfully submitted this 1st day of May, 2015.
THOMAS G. WALKER
United States Attorney

BY:

/s/ Stephen A. West

STEPHEN A. WEST
Assistant United States Attorney
Attorney for Plaintiff
Civil Division
310 New Bern Avenue
Federal Building, Suite 800
Raleigh, N. C. 27601-1461
Telephone: (919) 856-4530
Facsimile: (919) 856-4821
E-mail: steve.west@usdoj.gov
NC State Bar No. 12586

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Case 5:14-cv-00476-FL Document

CERTIFICATE OF SERVICE
This is to certify that on May 1st, 2015, a copy of the
foregoing Motion for Voluntary Dismissal was provided to the
below-listed counsel electronically via ECF:
Danielle R. Sassoon
Sara K. Winik
Kirkland & Ellis LLP
601 Lexington Avenue
New York, NY 10022
John S. Moran
Kirkland & Ellis LLP
655 15th St. N.W.
Washington, DC 20005
Mark R. Sigmon
Graebe Hanna & Sullivan, PLLC
4350 Lassiter at North Hills Avenue, Suite 375
Raleigh, NC 27609

THOMAS G. WALKER
United States Attorney

BY:

/s/ Stephen A. West

STEPHEN A. WEST
Assistant United States Attorney
Attorney for Plaintiff
Civil Division
310 New Bern Avenue
Federal Building, Suite 800
Raleigh, NC 27601-1461
Telephone: (919) 856-4530
Facsimile: (919) 645-5368
E-mail: steve.west@usdoj.gov
NC State Bar No. 12586

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Case 5:14-cv-00476-FL Document