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File No.
STATE O F NORTH C A R O L I N A
PURSUANT TO SEARCH
Ii] 1. aseahwarrantissuedby: _S
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D 2. c o n s e n t to search g i v e n by:
T h e f o l l o w i n g items were s e i z e d :
NOTE: This was a search warrant for bank records. The warrant was served on 9 - 0 7 - 2 0 1 6 . On 9 - 1 3 - 2 0 1 6 an electronic response was
received from Capital Bank containing financial records. The response was incomplete. Additional inventory sheets w i l l be filed with
(Over)
AOC-CR-206, Rev. 5/98
Original - File Copy - Person Whose Property Seized
1 9 9 8 Administrative Office of the Courts
Items Seized Continued:
Ii] 1 . I left a copy of this i n v e n t o ry with the person named below, who is:
Name And Address Of Person To Whom A Copy Of This Inventory Was Delivered, If Any
The law enforcement agency identified below will hold the seized p r o p e rt y subject to c o u rt order.
SWORN A N D S U B S C R I B E D TO B E F O R E ME
A.
Title Of Law Ekforcement Officer
Special Agent
A C K N O W L E D G M E N T OF R E C E I P T
STATE O F N O R T H C A R O L I N A
PURSUANT TO SEARCH
D 2. c o n s e n t to search g i v e n by:
-----------------------------
D 3. other l e g a l j u s t i fi c a t i o n for the search:---------------------------
NOTE: This was a search warrant for bank records. Additional inventory sheets w i l l be filed with the court once the records are
received.
(Over)
AOC-CR-206, Rev. 5/98
Original - File Copy - Person Whose Property Seized
= "" 0 Arlministrat1ve Office of the Courts
Items Seized Continued:
Ii] 1 . I left a copy of this i n v e n t o ry with the person named below, who is:
Name And Address Of Person To Whom A Copy Of This Inventory Was Delivered. If Any
The law enforcement agency identified below will hold the seized p r o p e rt y subject to c o u rt order.
SWORN A N D S U B S C R I B E D TO B E F O R E ME
Special Agent
::,;;"
In the Matter of
Mark L. Bibbs
ATTACHMENT I
PROPERTY TO BE SEIZED
Copies of certain financial record documents, to wit: account signature cards, canceled
checks (including certified checks and receipts), monthly bank statements, credit card
statements of account(s), deposit tickets and credits, items of deposit, offset items, ledgers,
statements, stubs, drafts from other banks or financial institutions, confirmations of wire
transfers or any other wire transfer records documenting deposits of disbursement (including
receipts and advisees and transfer request records), debit and credit memoranda,
correspondence and any and all other records and documents pertaining to any and all
accounts both open and closed, including checking, savings, money market (including
certificates of deposit) and credit card accounts in the name of, or controlled by, the
Mark L. Bibbs
At Capital Bank, for the period extending from January 1, 2015 through present date,
including but not limited to any and all accounts both open and closed held in the name of
Cannon Surety, LLC and/or Premier Judicial Consultants, LLC at Capital Bank.
APPLICATION FOR SEARCH WARRANT
In the Matter of
. ATTACHMENT II
PREM/SES TO BE SEARCHED
Capital Bank
3 3 3 Fayetteville S t . , Suite 7 0 0
Raleigh, NC 2 7 6 0 1
2
APPLICATION FOR SEARCH WARRANT
In the Matter of
Mark L. Bibbs
ATTACHMENT III
I, the undersigned affiant, A. H. Jones, have been a Law Enforcement Officer for over t h i rt y
nine (39) years. Currently I am employed as a full time, sworn law enforcement agent by the
North Carolina Department of the Secretary of State. During my 3 9 years of service I have
Specialized Street Crimes Unit, . Commander Patrol Unit, Sergeant Specialized Street Crimes
Unit, Narcotics & Vice Detective, Detective in Special Operations Division, Member of
Specialized Street Crime Unit, Juvenile Detective, School Resource Officer, Police Officer, and
I have been awarded the Advanced Law Enforcement Certificate by the North Carolina Criminal
Justice and Education Standards Commission. I have received specialized training in Criminal
Investigations, Interview and Interrogation, Legal Issues, Civil Process, Laws of Arrest Search
and Seizure, Internal Affairs Investigations, Narcotics and Vice Investigations, Preliminary
Investigations, Criminal Intelligence Analysis, Credit Card and Check Fraud, Insurance Fraud,
Securities Violations, Trademarks, and Notary violations. I have received an extensive amount
I have conducted, supervised, and assisted in more than a thousand criminal investigations
during the course of my law enforcement career. I previously held Certification as a North
Carolina Law Enforcement Instructor, and have taught both in the Basic Law Enforcement
Programs and in the Criminal Justice Curriculum Program at Coastal Carolina Community
NC.
3
The North Carolina Department of the Secretary of State is tasked with the duty and power to
The law defines "lobbying" to include both influencing or attempting to influence legislative or
executive action through direct. communication or activities, and developing goodwill through
individual" (a) legislator, legislative employee or public servant (members of the Council of
State and Cabinet, voting members of boards, and certain State employees, or a member of their
North Carolina law requires that lobbyists, principals, and solicitors must register with the
Secretary of State's office before engaging in any lobbying. It shall be unlawful for an
individual to lobby without registering within one business day of engaging in any lobbying.
Principals must file a written authorization for lobbyists, and lobbyists must file a separate
registration statement for each principal each year. Lobbyists, principals, and solicitors must
the North Carolina Department of the Secretary of State began receiving numerous inquiries
regarding whether Attorney Mark L. Bibbs was registered as a Lobbyist for Cannon Surety LLC
(Cannon). Cannon is a surety company for bail bondsmen. In this regard, Division employees
received phone calls or emails from Mark Cartret (Agent Associates Insurance Group), Melissa
Seiler (North Carolina Bail Agents Association), Phillip Bradshaw (East Coast Sureties Inc.) , and
R obert Brawley (Cannon Surety). In response to the inquiries the Division database ( files) wer e
searched and it was confirmed that Bibbs was not registered to lobby for 20 16.
On the same date McClain called back a second tim e and asked what would happen if a subject was
found to be lobbying without registration. During thi s call McClain stated that Cannon ' s lobbyist
address and to whom he should address the email. The Division received the f ollowing email e
th
Subject: registration
registration carried us thr ough the 'short session' of legislating and have found out otherwise.
Mark L. Bibbs was our lobbyist thr oughout 2 0 1 5 and our last zero expense form was posted in
4
Please instruct me how to proceed to correct this. I understand from the office staff you should
receive an email from the lobbyist himself as well as the principal, and that is being done as we
speak.
On July 6, 2 0 1 6 the Division received the following email from Mark Bibbs stating that he was
Ms. Broun,
Assembly and. have now found out otherwise. I believe you have rece 1ved a
I served as Cannon's lobbyist in the 2015. Long Session and the 2016 Snrt
Thanlc you.
Kindest Regards,
Mark L. Bibbs
aa:a ,.,,.,
On August 4, 2 0 1 6 , Mark Cartret sent the Division an email containing a link to a WBTV station
internet article regarding some individuals from a company that accompanied Bibbs while he
lobbied inside the General Assembly during the last session of the General Assembly. On August 8,
2 0 1 6 , the Division became aware of another news story released Friday August 5, 2 0 1 6 , by WBTV
(Charlotte). The second news story contained information on allegations that Bibbs was lobbying
while not being registered. The piece was titled "Lobbying complaint filed against lawyer with ties
to Speaker, Insurance Commissioner." The reporter named former State Representative Clyde
Robert Brawley (Brawley) as the individual who had reportedly filed a formal complaint against
Bibbs with the State Ethics Commission and the Secretary of State. However, the Division had not
yet received any complaint from Brawley regarding Bibbs, only inquiries about his registration
status. The reporter's interview and a draft copy of Brawley's complaint to the Division were
available on the WBTV website along with several emails that appear to have been authored by
Bibbs. The lobbying complaint form did not contain a date or written signature, but an
5
accompanying letter addressed to the State Ethics Commission and also to the Lobbying
Compliance Division of the Department of the Secretary of State was dated July 27, 2 0 1 6 , and
In the complaint Brawley stated that Bibbs has appeared more than once at the NC General
Assembly claiming to represent Cannon. Brawley advised that in 2 0 1 6 Bibbs was openly lobbying
against Senate Bill 5 0 8 (SB 508). These emails also indicated Bibbs sent advertisements via email
SA Jones found six emails included with Brawley's complaint found on the WBTV website and
later submitted to the I)ivision by Brawley that indicate Bibbs sent out advertising for his legal
services that contain: "Lawyer and Lobbyist for the North Carolina Bail Academy and Cannon
Surety, LLC." The .emails are dated May 1 6 , 2 0 1 6 , May 1 8 , 2 0 1 6 , May 25, 2 0 1 6 , June 1 , 2 0 1 6 ,
June 9, 2 0 1 6 , and June 1 5 , 2 0 1 6 . All the emails were distributed during a time period the Division's
records indicate Bibbs was not registered to lobby, and Cannon and North Carolina Bail Academy
(NCBA) were not registered as lobbyist principals, pursuant to G.S. 120C. See below:
Date:May 1 1 , 2 0 1 6 at PMEDT
To:
Reply-To: <bibbslawgroup@gmail.com>
OVER 1 6 Y EA R S O F S T A T E WI D E B A I L
ACADEMY A N D C A N N O N S U R E TY , LLC.
6
LOBBYIST FOR BAIL BOND ISSUES BEFORE THE NORTH
In the recorded interview and written complaint Brawley states that Bibbs did not have proper
authorization from Cannon's (board) to engage in lobbying for Cannon. He complained that
Cannon's President (Dallas McClain) also did not have the authority to hire a lobbyist without the
participation of all members. He advised that McClain was with the unregistered Bibbs several
times when Bibbs lobbied against SB 508 on behalf of Cannon during committee meetings.
In addition to McClain's association with Cannon, Brawley states McClain is also a principal of
NCBA, and partners with Lyne Thompson. Lyne Thompson is the General Manager and registered
agent of NCBA, one of four original members of Cannon, and registered agent, organizer and
member of The Rockford-Cohen Group. Available information indicates the NCBA is a subsidiary
of the Rockford-Cohen Group. Brawley advised in his complaint that Thompson has also addressed
On July 27, 2 0 1 6 , the Division received an email from Mark Cartret stating he was drafting a formal
complaint against Mark Bibbs. On the same date the Division received another email from Cartret
containing a lobbying complaint addressed to the State Ethics Commission and the Secretary of
State. Cartret also made available numerous emails including many email exchanges between
himself and Bibbs. One email sent by Bibbs to Dallas McClain and Lyne Thompson was d a t e d .
February 1 1 , 2016. The email was Carbon copied to Kim Crouch -NC Bar Association Lobbyist
and others. The email clearly shows the relationship between Bibbs, McClain, and Thompson, and
their involvement in lobbying against SB 5 0 8 . In the email Bibbs tells McClain and Thompson they
Cc: Leanne Winner <lwinner@ncsba.org>, Kim Crouch - NC Bar Association Lobbyist <kcrouch@ncbar.org>,
I just spoke with Rod Malone, the school board attorney for Wake County, he's opposed to
this b i l l as w e l l . He can't be there tomorrow either, however, he w i l l have someone from his
office there to speak against it also. One or both of you, in my absence, should speak against
Mark L. B i b b s
7
The Brawley complaint filed with the Division describes supporting documentation against Bibbs
and includes mention of the existence of recorded transcripts of SB 5 0 8 committee meetings at the
NC General Assembly. There is also a reference to Wake County Court complaint 16CV009228
filed by Bibbs on July 1 9 , 2 0 1 6 on behalf of Plaintiff's Rockford-Cohen Group, LLC "RCG" and
Lynette Thompson.
The emails attached to the filed Brawley complaint did appear to contain information substantiating
lobbying by Bibbs during a time period he was not registered. The following excerpts were copied
from Bibbs June 27, 2016 email to the members of the House of Representative Judiciary III
Committee:
Date: J u n e 2 7 , 2 0 1 6 a t 8 : 1 4 : 4 2 P M E D T
john.hell(alncleg.net,ravne.hrown@ncleg.net, george.cleveland@ncleg.ne!,jean.farmer-butterfield(
<Pricey.Harrisonr@ncleg.net>
Subject: Re: Opposition To PCS for Senate Bill 508 - A BAD BAD BILL
In conclusion, Senate Bill 508 is a BAD BILL in every respect. N O P ARTS of it should pass and be allowed
to become law. I am happy to answer any of your questions regarding our opposition to this bill. Feel free to call
The following two partial emails are further examples of Bibbs lobbying efforts:
Cc: Tim Moore .::;tim.moore@ncleg J!et>, Leo Daughtry <leo.daughtry@ncleg .net>, robert.reives@ncleg.net ,
I wanted to ask you to vote against the PCS for Senate Bill 508 for another reason. Our legal profession is
regulated by the North Carolina State Bar as you know only too well.
8
From: Mark Bibbs <hibbslawgroup@gm:iil.com>
. Representative,
I wanted to further explain why Senate Bill 508 is a terrible piece of proposed legislation, a
poorly drafted and ill conceived idea that should be void as amatter public policy:
WhenJ was a first year law student at UNG-Chapel Hill 24 years ago in 1992, we-were taught
about a legal phrase that .the United States Supreme Court established in the case of International
Shoe Company vs. Washington. That phrase is the notion of '"fait: play and substantial Justice,":
Now howdoes that apply here to Senate BilJ. 508 you might ask? Because our court system and
oursense ofjustice' only works when all the actors in North Carolina's Uniform Court System arc
treated equally, fairly and play by the same rules.
Today an email blast: was sent out by the North Carolina. Bail Agents Association {NCBAA)
supporting Senate Bill 508. That's the same group that you may remember sought passage.of an
unfair law back in 2012 that created a monopoly for them to be the sole approved provider of
One o :t m yclie n ts sued the NCBAA, andthe courts of ourState found that Jaw, which was
passed.at the last.minute in. J urie of the Short' Session of 20 I 2,.aroun41his same time.frame,
The Division obtained copies of the Minutes of House Committee on Judiciary III, for the June 1 5 ,
2 0 1 6 and June 28, 2 0 1 6 hearings along with the associated signup sheets.
An examination of the signup sheets revealed that Mark Bibbs signed in on June 1 5 , 2 0 1 6 , showing
his firm as "LLPC" (Long Leaf Pine Consulting), and on June 28, 2 d 1 6 Bibbs signed in and gave
"BLG" (Bibbs Law Group) as his firm. Dallas McClain and Lyne Thompson were also present.
McClain listed Cannon Surety as his firm, and Thompson listed NC Bail Academy.
In addition to the signup sheets detailing Bibbs presence at the two hearings stated above the
Division also obtained a copy of the recording that captured the hearing on June 2 8 , 2 0 1 6 . A review
of the recording revealed at 5 1 : 1 1 into the recording Bibbs was recognized by the Committee Co
Chair (Rep. Sarah Stevens). Bibbs began by identifying himself and then stating that he had spoken
to "you" (referring to the committee) about the bill before "last September when the 36 month
provision was still there." He states he represents Cannon Surety a captive insurance company in
Greensboro, NC. Bibbs goes on to state that they have strong objections to all of Section 3, etc.
Lobbying Compliance Division Case 2016-02 was initiated after the Division determined there was
whether any violations of N . C . G . S . 120C-200 had in fact occurred involving Bibbs and Cannon.
North Carolina Department of the Secretary of State Special Agent A . H . Jones (SA Jones) was
9
On August 8, 2 0 1 6 at approximately 5:00pm Brawley was contacted by the Division regarding
the news story and the reported lobbying complaint. Brawley advised he would submit a copy of
SA Jones discovered the Division's record contains documents confirming that Bibbs was not
registration for Cannon indicating Mark L. Bibbs (Long Leaf Pine Consulting, LLC) as their
lobbyist. On July 1 5 , 2 0 1 6 , Bibbs registered as a lobbyist for Cannon. Bibbs' previous lobbyist
Bibbs' file with the Division contains documents showing he originally registered as a lobbyist
for the NC Bail Academy (NCBA) and Cannon on February 2, 2 0 1 _ 5 . On that same date the
NCBA and Cannon registered as a principals, designating Mark Bibbs as their lobbyist. On
May 1 3 , 2 0 1 5 , Bibbs personally visited the lobbying compliance division office and requested
the forms to resign from representing principals NCBA and Cannon. A Division employee
obtained the proper forms for Bibbs, and he then completed the forms and submitted them to
Division personnel while in the lobbying office. Bibbs' resignation as lobbyist for Cannon and
NCBA became effective on May 1 3 , 2 0 1 5 . A copy of the resignation form signed by Bibbs is on
file.
On May 1 4 , 2 0 1 5 the Division sent a computer generated email to Bibbs acknowledging that the
lobbying relationship between NCBA and Mark Bibbs no longer existed. On June 1 , 2 0 1 5 , Mark
Bibbs sent an email in response to the Division's May 1 4 , 2 0 1 5 email stating that the resignation
was in error.
June 2, 2 0 1 5 Bibbs called the Division inquiring about who filed the resignations on his behalf.
Division employee (Sinigur) spoke with Bibbs and made notes of the call in the official database.
Bibbs asked about the needed forms to cancel the two resignations for NCBA and Cannon.
Bibbs stated he did not file the resignations in the Lobbying Compliance Division office and
advised the resignations were done in error. Bibbs alleged it was his unnamed administrative
assistant that came in our office on May 1 3 , 2 0 1 5 . He requested that the Division cancel the two .
resignations stating that he did not intend to resign. During this call Bibbs made mention about
a payment issue with the principal and stated that he planned to resign after getting a check from
the principal.
On June 3 , 2 0 _ 1 5 , Bibbs registered as a lobbyist for Michael Horwin, MA, JD, LLC. On June 5,
2 0 1 5 , the Division Director (Joal Broun) emailed and also mailed a letter to Bibbs outlining the
facts the Division had about his resignations which were in conflict with his June 2 0 1 5 version of
resignation events. Broun asked Bibbs for further information and clarification regarding the
resignations. On June 9, 2015, Bibbs sent an email withdrawing his request to rescind the
resignations.
However, on July 3 0 , 2 0 1 5 the NCBA registered as a principal and indicated that Mark Bibbs
was their lobbyist. NCBA is a subsidiary of the Rockford-Cohen Group. The Rockford-Cohen
Group lists Lyne Thompson as the company's organizer, member, and registered agent.
10
Then on August 26, 2 0 1 5 , Division employee Smith received phones calls from Michael Mann
. (Lobbyists & Advisors section of NC Bail Bondsmen Association), and Melissa Seiler
(Executive Director of NC Bail Bondsmen Association) asking if Mark Bibbs was a registered
lobbyist for Cannon Surety. Seiler advised Smith that Bibbs told her he was still lobbying on
The next day (August 27, 2 0 1 5 ) Cannon Surety filed a Principal Authorization designating Mark
Bibbs as its lobbyist, and on the same date Mark Bibbs filed a Lobbyist registration designating
Cannon Surety as the Principal. The lobbyist principal and the lobbyist registration submitted on
August 27, 2 0 1 5 both expired at midnight on December 3 1 , 2 0 1 5 . As stated above, Bibbs did
not again register as a lobbyist for Cannon again until July 1 5 , 2 0 1 6 ten days after the Division
On August 30, 2 0 1 6 , SA Jones contacted Mark Cartret by phone regarding his complaint and to
arrange an interview. An appointment was made and Cartret confirmed with Jones the items he
had stated in his complaint. Carteret stated it all began after he was copied on an email sent out
by Bibbs regarding Bibbs opposition to SB 508. Cartret states he asked Bibbs who he was
representing and he replied "Cannon Surety." Cartret advised his next call was to Cannon's
secretary (Robert Brawley) who advised no lobbying representation contract had been executed
between Cannon and Bibbs. Cartret stated that when he informed Bibbs of this conversation
with Brawley, and Brawley's claim to be in favor of SB 5 0 8 , Bibbs became irate calling Brawley
senile and stating he would have Brawley locked up and reviewed for mental incapacitation if he
Cartret stated Bibbs told him he had been "well paid." Cartret made available to the Division
text messages between him and Bibbs where Bibbs advises his fee is $ 1 0 , 0 0 0 per month for 1 2
months for 2 years with 50% down. Non-negotiable. Subsequently Cartret contacted the Division
Cartret also advised Bibbs had appeared on February 12, 2016 before the N.C. Courts
Commission representing Cannon. Division Director Broun was able to confirm that Bibbs had
appeared on behalf of Cannon and presented before the N.C. Courts Commission regarding Bail
Bonds. This commission has several members who are for purposes of G . S . 1 2 0 C , "covered
SA Jones was able to independently corroborate the information given by Mark Cartret through
the official records for the N.C. Courts Commission. A review of the audio file recording of the
N.C. Courts Commission hearing on February 12, 2016 revealed Bibbs addressing the
Commission, identifying himself and stating he represented Cannon and the NC Bail Academy.
On August 3 0 , 2 0 1 6 , SA Jones also contacted Robert Brawley about his complaint and he also
agreed to be interviewed. Since Brawley is the Secretary for Cannon Surety SA Jones requested
he voluntarily furnish Cannon's financial records for inspection to determine if Bibbs was paid to
lobby for Cannon Surety while he was not registered. Brawley agreed to furnish financial
At the September 1 s t meeting Brawley provided copies of two checks recently written (August 1 ,
2016 and August 5, 2016) to Bibbs by Dallas McClain from the Capital Bank account
1 1
(#067011760 560025881706) of Cannon Surety, LLC. The checks do not contain any
information indicating the nature of the activities for which they were payment. Further,
Brawley stated that there were significant suspicious cash withdrawals from the Cannon financial
account which he previously reviewed the records. As a result of a Temporary Restraining Order
served on Brawley on September 1, 2016 and contained in File No. 16 CVS 1208 Wilson
County, Brawley was unable t o secure and provide to SA Jones bank records which would
substantiate the amount and date of payment to Bibbs for lobbying on behalf of Cannon.
On September 1 , 2 0 1 6 Brawley appeared for the interview, but advised he was unable to obtain
the financial records requested. Brawley advised when he attempted to access the company's
bank account he discovered he had been "locked out". Brawley stated he went to Capital Bank
to see what the problem was and was informed that a Temporary Restraining Order (TRO) had
been served upon Capital Bank blocking his access to the account. After his visit.to the bank
Brawley was contacted by his spouse who advised a document had been delivered to their home
for him. Brawley was already enroute to Raleigh from Mooresville for our interview and had not
physically read the TRO. He did know that the TRO had been filed in Wilson County by Mark
Bibbs on August 3 0 , 2 0 1 6 File No. 1 6 CVS 1208. The TRO is supported by an affidavit of
Dallas McClain. The Division obtained a copy of the TRO and affidavit from the Wilson
SA Jones was able to independently substantiate information given by Brawley during his phone
and in person interviews through official House records, Division documents and records, and
LOBBYING VIOLATIONS
(a) A lobbyist shall file a separate registration statement for each principal the lobbyist represents with the
Secretary of State before engaging in any lobbying. It shall be unlawful for an individual to lobby without
registering within one business day of engaging in any lobbying as defined in G . S . 120C-100(9) unless exempted by
this Chapter.
(b) The form of the registration shall be prescribed by the Secretary of State, be filed electronically, and
shall include the registrant's full name, firm, complete address, and telephone number; the registrant's place of
business; the full name, complete address, and telephone number of each principal the lobbyist represents; and a
general description of the matters on which the registrant expects to act as a lobbyist.
(c) Each lobbyist shall electronically file an amended registration form with the Secretary of State no later
than 1 0 business days after any change in the information supplied in the lobbyist's last registration under subsection
(b) of this section. Each supplementary registration shall include a complete statement of the information that has
- .
(d) Unless a resignation is filed under G . S . 1 2 0 C - 2 1 0 , each registration statement of a lobbyist required
under this Chapter shall be effective from the date of filing until January 1 of the following year. The lobbyist shall
file a new registration statement after that. date, and the applicable fee shall be due and payable.
(e) Each lobbyist shall identify himself or herself as a lobbyist prior to engaging in lobbying
communications or activities with a designated in d i v id u a l . The lobbyist shall also disclose the identi ty of the
(f) In addition to the information required for registration under subsection (b) of this section, former
employees of a State agency who register as a lobbyist within six mont h s after voluntary separation or separation for
cause from employment with a State agency sha l l a l so indicate which State agency with w h ich the former employee
12
was employed. ( 1 9 3 3 , c. 1 1 , s. 2; 1 9 7 3 , c. 1 4 5 1 ; 1975, c. 820, s. 1 ; 1 9 8 3 , c. 7 1 3 , s. 5 1 ; 1 9 9 1 , c. 740, s. 1 . 1 ; 2004-
CRIMINAL PROVISIONS
(a) Whoever willfully violates any provision of Article 2 or Article 3 of this Chapter shall be guilty of a
Class 1 misdemeanor, except as provided in those Articles. In addition, no lobbyist who is convicted of a violation
of the provisions of this Chapter shall in any way act as a lobbyist for a period of two years from the date of
conviction.
(b) In addition to the criminal penalties set forth in this section, the Secretary of State may levy civil fines
for a violation of any provision of Articles 2, 4, or 8 of this Chapter up to five thousand dollars ($5,000) per
violation. In addition to the criminal penalties set forth in this section, the Commission may levy civil fines for a
violation of any provision of this Chapter except Article 2, 4, or 8 of this Chapter up to five thousand dollars
I have not included each and every fact known to me concerning this investigation. I have set
forth the facts that I believe are necessary to establish probable cause to believe that the property
to be seized supporting violations of Chapter 120C-200 of the N.C. General Statutes will be
The Division received information from multiple sources that Mark Bibbs was actively lobbying
Beginning January 1 , 2 0 1 6 Mark Bibbs was not a registered lobbyist for Cannon Surety, and
The affiant reviewed emails authored and transmitted by Attorney Mark Bibbs that were sent to
legislators, legislative employees, or public servants with the intent to either influence or attempt
The affiant reviewed the Minutes of House Committee on Judiciary III for June 1 5 , 2 0 1 6 and
June 2 8 , 2 0 1 6 which confirm Mark Bibbs was in attendance and addressed the Committee on
June 28, 2 0 1 6 . The affiant reviewed the audio record from the June 2 8 , 2 0 1 6 meeting where
Bibbs can be heard addressing the Committee and stating he represents Cannon Surety.
Mark Cartret (complaining witness) states Bibbs assured him that he was being well paid.
Cartret also supplied the Division with text messages between him and Bibbs where Bibbs
advises his fee is $ 1 0 , 0 0 0 per month for 1 2 months for 2 years with 50% down. Non-negotiable.
13
Cannon Surety is currently delinquent in filing Principal expense reports for the last two quarters
of 2 0 1 5 , and the first two quarters of 2 0 1 6 . Consequently Cannon has not complied with its G . S .
120C-403 (d) obligation to file and disclose to the Division the amount of money paid for Bibbs
lobbying activities in 2 0 1 5 .
Mark Bibbs is currently delinquent in filing Lobbyist expense reports for the first two quarters of
Cannon Surety Secretary Robert Brawley stated he was aware of at least two checks made
payable to Bibbs from Cannon Surety's Capital Bank account. Brawley made copies of the two
checks and made them available to the Division. The copies confirm both checks are drawn on
the Capital Bank account of Cannon Surety and are made payable to Mark Bibbs. No memo
information was documented on the checks. The checks are dated August 1 , 2 0 1 6 and August 5,
2016.
It is reasonable and prudent to expect that the items requested pursuant to this search warrant are
maintained within the custody of Capital Bank. United States Treasury and North Carolina
Banking Commission regulations (implementing Title I and Title II of the United States Public
respectively) mandate that the following information on demand ( checking) accounts, savings
accounts and time deposit accounts, and credit card accounts be maintained for a period of five
(5) years:
It is reasonable and prudent to expect that the items requested pursuant to this search warrant are
a. signature cards;
b. statements, ledger cards, or other records disclosing all account transactions both
c. copies of all checks, drafts, electronic wires, money orders and cashiers checks
Further, it is required that the following information be maintained for a period of two (2) years:
14
c. all documents necessary to trace and supply the description of a
Therefore, the affiant has probable cause to believe that the property to be seized will be found in
the Capital Bank account of Cannon Surety, LLC. The affiant also has probable cause to believe
that Dallas McClain (in his capacity as an officer of Cannon Surety) used the Capital bank
lobbyist to oppose SB 5 0 8 while Mark Bibbs was not registered as a lobbyist with the Division,
aware that evidence of such criminal violations are usually found within the bank financial
records of accounts used by the perpetrators, and their co-conspirators, and that such
perpetrators, and co-conspirators often maintain accounts through which transactions related .to
these schemes flow. Evidence related to the identification of culpable involved parties and to the
full scope and nature of the scheme is also routinely found in the bank records of the
perpetrators, and their co-conspirators. Therefore, I respectfully request the Court to issue a
A . H . Jones, Specit
15
Wake County )
I, Joal H. Broun, being first duly sworn, depose and says as follows:
1. I am currently the Director of the Lobbying Compliance Division of the North Carolina
Department of the Secretary of State and have been since July 1 , 2006. In that capacity, I am the
chief administrator in charge of administering and enforcing the Lobbying Act, Articles 2, 4, and
8 of Chapter 1 2 0 C of the General Statutes. I am also the custodian of the records for the
Lobbying Compliance Division. I am a member of the North Carolina Bar and have been since
1986.
2. I am qualified and competent to testify about the matters contained in this affidavit, and
my statement set out herein is made upon my own personal knowledge of the facts set forth
herein.
3. The Lobbying Compliance Division enforces Articles 2, 4, and 8 of the Lobbying Act.
servant.
authorizing the lobbyist to represent the principal within 20 business days after the lobbyist's
registration.
Chapter shall be effective from the date of filing until January 1 of the following year unless a
resignation is filed. The lobbyist shall file a new registration statement after that date, and the
lobbyist principal under G . S . 120C-206 are terminated upon the filing of either a lobbyist
resignation or a principal termination with the Secretary of State, whichever occurs first.
Lobbyist resignations and lobbyist principal terminations are effective upon filing. G . S . l 20C-
210.
8. Under G . S . 1 2 0 C - 4 0 1 ( a ) and 120C-402, lobbyists must file quarterly expense reports
"designated individual";
immediate family member, in effect during the reporting period or the previous 1 2
. months;
principal; and
expense reports with the Secretary of State. These reports reflect the following:
immediate family member, in effect during the reporting period or the previous 1 2
months;
principal;
k. The cumulative combined total of all payments made during the registration
Chapter, all other records accumulated in conjunction with the investigation of these
complaints, and any records accumulated in the performance of a systematic review shall
competent jurisdiction.
-2-
1 2 . In its comments regarding Rule 5 . 7 Responsibilities Regarding Law-Related Services, the
North Carolina State Bar, indicated in its comments and in Journal Articles, the Bar
or environmental consulting.
1 3 . The Division again encountered Mark Bibbs as a lobbyist in calendar year 2 0 1 5 after he
1 4 . Mr. Bibbs registered as the sole lobbyist for Cannon Surety, LLC (CannonSurety) and
1 5 . On May 1 3 , 2 0 1 5 , Mr. Bibbs personally appeared and came to the Division office,
located on the third floor of the Old Revenue Building. Mr. Bibbs requested blank
resignation forms from one of our staff members. Blank resignation forms were then
16. Mr . Bibbs then executed the resignation forms in our office and then presented them to
this office for filing. The Division accepted the filings and filed them on May 1 4 , 2 0 1 5 .
1 7 . On May 1 4 , 2 0 1 5 , the Division sent the computer generated email to Mark Bibbs
indicating that the officially recognized lobbying relationship between Cannon Surety
1 8 . On June 1 , 2 0 1 5 , Mr. Bibbs sent an email to this office stating, "[t]hat termination was
1 9 . On June 2, 2 0 1 5 , Mr. Bibbs called the Division inquiring about who filed the resignations
on his behalf and the phone call was transferred to Mrs. Lora Sinigur, a staff member of
the Division. Mr. Bibbs inquired about the needed forms to cancel the two resignations
for N . C . Bail Academy and Cannon Surety, LLC. Mr. Bibbs stated that he did not file
the resignations in our office and those resignations were done in error. According to Mr.
Bibbs, his administrative assistant came in our office on May 1 3 , 2 0 1 5 . Mr. Bibbs
requested that we cancel the two resignations, as he did not intend to resign. Mr. Bibbs
mentioned about a "payment for service" issue with the principal and that he planned to
resign after getting a check from the principal. Bibbs did not go into the details with Mrs.
Sinigur about the payment issue nor did she ask additional questions.
2 0 . This office interpreted this request as a request that this office change Mr. Bibbs' status
as a registered lobbyist for Cannon Surety and NC Bail Academy to "active" in the
1
records of the official online lobbyist registry.
The Division is required to maintain an electronic searchable registry of the lobbyist and lobbyist principal
-3-
2 1 . After the Division sent Mr. Bibbs a communication to clarify the Division's
understanding of the Lobbying Act's effect on a resignation and his intentions, Mr. Bibbs
withdrew his request to rescind his resignation. Therefore, Mr. Bibbs' lobbyist
registration was no longer effective for Cannon Surety and Mr. Bibbs was :unregistered as
22. On August 26, 2 0 1 5 , a staff member received a telephone call from Michael Mann and
Melissa Seiler asking if Mr. Bibbs was registered lobbyist for Cannon Surety, a minute
apart from each other. She informed each caller that she would give them a call back.
2 3 . After Division staff conferred with the General Counsel of the Department, Ann Wall, at
Ms. Wall's direction, Ms. Wall directed Ms. Smith to contact Mr. Mann and Ms. Seiler
24. Ms. Seiler informed Ms. Smith that she had already looked online and seen the resigned
status of Mr. Bibbs but that Mr. Bibbs had informed Ms. Seiler that he was still lobbying
2 5 . On August 27, 2 0 1 5 , M r . Bibbs registered again as a lobbyist for Cannon Surety. On his
registration, Mr. Bibbs listed Long Leaf Pine Consulting, LLC as his firm. Cannon
Surety filed its principal authorization on the same day, designating Mr. Bibbs as its only
lobbyist. Cannon Surety also entered Long Leaf Pine Consulting, LLC as the Mr. Bibb's
lobbying firm.
26. Long Leaf Pine Consulting, LLC is a North Carolina limited liability corporation. Mr.
27. On Mr. Bibb's registration statement filed on August 27, 2 0 1 5 , he certified that:
duty to comply with the Lobbying Law and the rules, including filing
28. Cannon Surety is not in compliance with its quarterly expense report obligations. To
date, it has failed to file its third and fourth quarter reports for 2 0 1 5 . The Division has
made numerous requests to Mr. McClain to file the missing reports as obligated by G . S .
1 2 0 C - 4 0 1 and 120C-403 of the Lobbying Act, but the reports have not been filed.
29. On December 1 4 , 2 0 1 5 , the Department sent an email to all lobbyists and authorized
officers of lobbyist principals who had been registered in 2 0 1 5 , announcing that the 2 0 1 6
2
registration had been opened.
indicating that the fourth quarter Lobbying Expense Reports were due on January 5,
2016. Additionally, the Division provides on the Department website, the dates when the
quarterly expense reports are due. The Department sent an email to Mr. McClain at the
2
Since 2 0 1 3 , there is a mandatory electronic registration requirement. The Department permits registration for the
-4-
3 1 . On February 1 2 , 2 0 1 6 , the North Carolina Courts Commission held its February meeting.
Mr. Bibbs was the last speaker from the public. He identified himself as the lawyer and
lobbyist for Cannon Surety, a captive insurance company, and the N . C . Bail Academy, an
organization who trains bail bonds men. He expressed on behalf of his clients that he
3
was opposed to Senate Bill 5 0 8 . Senator Michael Lee, the sponsor of Senate Bill 5 0 8
members of the committee was Senate Bill 5 0 8 , a portion of that bill dealt with amending
certain bail bonds laws. The proposed committee substitute modified surety's obligations
disciplinary authority over "bail bondsmen and runners," and remove certain notification
affiliated with Long Leaf Pine Consulting. The committee did not discuss Senate Bill
3 3 . On June 2 8 , 2 0 1 6 , House Judiciary Committee III met to discuss Senate Bill 5 0 8 . At that
meeting, Mr. Bibbs spoke in opposition to the bill and identified himself as representing
Cannon Surety, but signed in on the signup sheet as Bibbs Law Group. Bibbs Law Group
3 4 . At the June 28, 2 0 1 6 House Judiciary III Committee meeting, twelve legislators were
present at the House Judiciary Committee meeting and five members of legislative staff
were present.
3 5 . On July 5, 2 0 1 6 , the Division received an email from Melissa Seiler asking if Mark Bibbs
was registered to lobby. After checking the Department lobbying database, Division staff
3 6 . On that same day, Mark Cartret asked, "if Mark L. Bibbs, individually or through a
3 7 . On July 5, 2 0 1 6 , in the afternoon, a man who did not identify himself asked what
several calls in a short period asking about Bibbs' registration, we checked the number in
our database. Division operating procedure for telephone calls is to write down the
telephone number of the call whether the person identifies himself or herself or not. Mr.
McClain's name came up as the person associated with the telephone number.
3 8 . On the next day, Mr. McClain, sent me an email stating the following:
legislating and have found out otherwise. Mark L. Bibbs was our lobbyist
throughout 2 0 1 5 and our last zero expense form was posted in January
2016. We would like to correct this oversight and are seeking your
3
See copy ofrecording of February 1 2, 2 0 1 6 , N.C. Courts Commission (Representative Sarah Stevens presidingO,
beginning at 1 : 4 8 : 1 3 .
-5-
guidance in doing so. We would like to make sure we are current through
Dec 2 0 1 6 .
office staff you should receive an email from the lobbyist himself as well as
unregistered lobbying in 2 0 1 6 .
40. On July 6, 2 0 1 6 , Mr. Bibbs contacted me via email regarding his 2 0 1 6 registration
deficiency. He stated:
Ms. Broun,
deficiency. I was under the impression that our registration last year carried
current, in good standing and in compliance with all rules and regulations
Thank you.
principal.
42. On July 8, 2 0 1 6 , Mr. McClain filed a principal reg i s tr a t ion for Cannon Surety authorizing
Surety.
-6-
44. On July 2 1 , 2 0 1 6 , via email, I renewed the Division's request to Messrs. Bibbs and
McClain each separately, to provide an explanation of why Mr. Bibbs and Cannon Surety
45. On July 26, 2 0 1 6 , I received an email from Mark Cartret. He stated, "I have recently
witnessed Mr. Bibbs at the North Carolina General Assembly while engaged in (what I
believed to be lobbying) against Senate Bill 5 0 8 . Would this be improper or is there any
way he could have done such without being registered? He appeared to be with Dallas
McClain and Lyne Thompson, members or principals with either the NC Bail Academy
or Cannon Surety. You mentioned registration in 2 0 1 5 for Cannon Surety and the NC
Bail Academy below. Accordingly, I have emails showing where Mr. Bibbs contacted
nearly every member of the committee voicing his opposition. In a text message he told
me he was registered and also indicated he had been paid for this.
46. On July 27, 2 0 1 6 , Mr. Cartret sent a lobbying complaint addressed to the State Ethics
Commission and our Department. In that complaint, Mr. Cartret alleges that Mr. Bibbs
4 7. With his complaint, Mr. Cartret provided several emails dating from February 1 1 , 2 0 1 6 to
June 27, 2 0 1 6 from Mr. Bibbs to Mr. Cartret where Mr. Bibbs identified himself as the
lawyer and lobbyist for the North Carolina Bail Academy and Cannon Surety, LLC. One
of those emails is a June 27, 2 0 1 6 email where Mr. Bibbs sent to members of House
Judiciary Committee III, expressing his and his clients' continued opposition to Senate
Bill 5 0 8 .
4 8 . On July 28, 2 0 1 6 , I called Mark Cartret, the individual who had filed a complaint against
Mr. Bibbs, and others regarding unregistered lobbying. In that conversation, he indicated
that:
He said that he knew Mr. Bibbs. He said that Bibbs constantly told him that
he was "getting paid." He also said that Bibbs told him that "he (Bibbs)
that he had got Senate Bill 5 0 8 slowed down in House Finance." He also
49. Mr. Cartret's statements regarding Mr. Bibbs being down at the General Assembly has
been independently corroborated with documents from the General Assembly recording
5 0 . On July 29, 2 0 1 6 , Mr. McClain responded in email that he thought that when Cannon
registered for 2 0 1 5 , it also registered for 2 0 1 6 . He additionally cited the old law, which
the Division provides. I replied, "You are referencing the old law. On our website, we
have a link to the Lobbying Laws effective until January 1 , 2007 and the current lobbying
5 1 . On July 29, 2 0 1 6 , Mr. Bibbs responded to my July 2 1 , 2 0 1 6 email. In his response, Mr.
Surety, LLC covered the General Assembly's long and short session, for the
-7-
52. On July 3 1 , 2 0 1 6 , in response to Mr. Bibbs' letter, I asked him to explain why he did not
file any additional reports for 2 0 1 6 . I asked, "[i]fyou considered yourself registered for
2 0 1 6 , why did you not file the required lobbyist expense reports in 2 0 1 6 ? Prompt clarity
5 3 . To date, the Division has not received any additional information from Mr. Bibbs
clarifying why he failed to file his lobbyist expense reports for the first six months of
2016.
54. Mr. Bibbs has not filed any quarterly expense reports for 2 0 1 6 as Mr. Bibbs did in 2 0 1 5
with regards to his lobbying activity which is in violation of Article 4 of the Lobbying
Act.
5 5 . Cannon Surety has not filed any quarterly expense reports for 2 0 1 6 in violation of Article
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NOW COMES the North Carolina Department of the Secretary of State, by and through
the undersigned Assistant Attorney General, pursuant to North Carolina General Statutes 132-
1 . 4 ( e) and (k), and respectfully prays the C o m i t o issue an Order requiring that the application
for search warrant, search warrant and return, accompanying affidavits and documents, along
with this Motion and the resulting Order, be sealed in the Office of the Clerk of Superior Court
for Wake County until further order of the court. The State shows the following:
2. No person or entity has been charged with any crime referenced in Lobbying Fi l e
3. As a result of this investigation, a search warrant has been obtained and will be
4. The application for the search warrant, the search warrant and return, and the
5. The release of the above-mentioned documents to the public at this time would
jeopardize the D i v i s i o n ' s ongoing criminal investigation and p o s s i b l y result in evasive actions by
the subjects of the investigation and other interested persons, and the destruction or secreting of
6. It is in the best interest of justice and would afford protection to all parties if the
above-mentioned documents were sealed in the Office of the Clerk of Superior Court for Wake
compelling and outweighs any interest by the press or p u b l i c in having access to the above
search warrant, the search warrant and return, accompanying affidavits and documents, and this
M o t i o n and the resulting Order, is essential to preserve higher values and is narrowly tailored to
P . O . Box 629
Raleigh, NC 2 7 6 0 2 - 0 6 2 9
T: ( 9 1 9 ) 7 1 6 - 6 6 1 0
F: ( 9 1 9 ) 7 1 6 - 6 7 5 7
j lindsley.ncdoj .gov
2
r= i . - :: f J
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
IN THE MATTER O F :
' 1 1 . :..:-._ . . , .
, . ,, ,, r, s c ORDER TO SEAL
. . . . , . t ; \,,., ,
SEARCH WARRANT
THIS CAUSE HAVING COME ON TO BE HEARD before the Judge Presiding, and
Carolina Lobbying Statute, specifically N.C. Gen. Stat. 120C-200 (Lobbyist registration
2. No one has been charged with any crime and the investigation is ongoing.
applied for a search warrant to search bank records of a person or entity being investigated for
v i o l a t i o n s o f N . C . Gen. S t a t . 1 2 0 C - 2 0 0 a n d 1 2 0 C - 2 0 6 .
4. The search wan-ant for these records was granted on September 1 3 , 2 0 1 6 by the
undersigned Judge.
5. The application for the search warrant, search wan-ant and return, accompanying
affidavits, the Motion to Seal Search Warrant and Accompanying Documents, and this Order to
Seal Search Wan-ant and Accompanying Documents contain sensitive and confidential
information.
6 . That, at this time, publication of the contents of the warrant application, the wan-ant
and return thereof, t h i s M o t i o n and Order may hinder the success of the ongoing investigation by
7. That to publicly disclose the basis for the search warrant, or the inventory of those
matters recovered from this location might hamper or impede this investigation and/or may
release information that could adversely affect persons who are not charged with committing a
crime and materially prejudice further adjudicable procedures i n v o l v i n g this investigation and
any subsequent prosecution and w i l l jeopardize the right of the state to prosecute a defendant or
the right of the defendant to receive a fair trial or w i l l undermine an ongoing investigation.
8. That the interest of justice will best be served by temporarily maintaining the secrecy
of the application for the search warrant, the attachments and supporting affidavits the warrant,
the return of the warrant and any accompanying inventories of items seized, the Motion and
Order.
warrant issued on the above referenced date, and the return therefore, the Motion to Seal and this
Order be sealed by the Clerk of Superior Court and the contents thereof not to be unsealed for a
111
This the 1 3 day of September, 2 0 1 6 .