Professional Documents
Culture Documents
I, Terry B. Tate, after being duly sworn, depose and state as follows:
1.
This affidavit is made in support of an application for a warrant of arrest in rem for
all monies and things of value up to $359,557.25 contained in better business checking
account number 802070987 and business sweep account number 802121715 at Capital
Bank in the name of Marla Bednar d/b/a Marla Enterprises. Probable cause exists to
believe that such monies are subject to seizure and forfeiture to the United States
pursuant to 31 U.S.C. 5317(c)(2), on the ground that they constitute property involved
in, or traceable to, withdrawals structured to avoid currency reporting requirements, in
violation of 31 U.S.C. 5324.
I.
Title 31, United States Code, Section 5313 and 31 C. F. R. 1010 of the
Bank Secrecy Act (BSA) require any financial institution that engages with a customer in
a currency transaction (i.e., a deposit or withdrawal) in excess of $l0,000 to report the
transaction to the Internal Revenue Service on Form 4789, Currency Transaction Report
("CTR"). These regulations also require that multiple transactions be treated as a ....u..._,,...,
transaction if the financial institution has knowledge that they are by, or on behalf of, the
same person, and they result in either currency received or disbursed by the financial
institution totaling more than $10,000 during any one business day. CTR Forms require,
among other things, the identity of the individual who conducted the transaction and the
individual or organization for whom the transaction was completed.
4.
illegal activities, including narcotics trafficking and money laundering. Many individuals
involved in these illegal activities are aware of such reporting requirements and take
active steps to cause financial institutions to fail to file CTRs. These active steps are
often referred to as "smurfing" or "structuring" and involve making multiple cash
deposits or withdrawals in amounts of $10,000 or less. Structuring is prohibited by Title
31, United States Code, Section 5324(a)(3) and not only involves the proceeds of illegal
activities but also legal source income. The law is clear that "structuring" in and of itself
is a felony violation.
5.
requirements, the government must prove that, for the purposes of evading the reporting
requirements of section 5313(a) or any regulation prescribed under any such section, the
subject structured or assisted in structuring, or attempted to structure or assist in
structuring, any transaction with one or more domestic financial institutions in amounts
of$10,000 or less.
II.
Marla Bednar and Thomas Bednar d/b/a Marla Enterprises have structured
$246,230.00 in cash withdrawals
6.
On January 28, 2011, Marla Bednar d/b/a Marla Enterprises, 1420 Falls
River Ave., Raleigh, NC 27614, opened Capital Bank better business checking account
number 802070987. Marla Bednar and Thomas Bednar are listed on the bank signature
card as signers on the account.
Enterprises, 1420 Falls River Ave., Raleigh, NC 27614, opened Capital Bank business
sweep account number 802121715. Marla Bednar and Thomas Bednar are listed on the
bank signature card as signers on the account.
7.
above mentioned accounts. From January 6, 2014 through May 29, 2014, twenty-eight
(28) suspicious cash withdrawals were made from Capital Bank better business checking
account number 802070987. Twenty-three (25) withdrawals were made in amounts just
under the CTR filing threshold; the twenty-sixth is included only because it was made on
a consecutive day with a withdrawal in the amount of $9,500.00; the twenty-seventh and
twenty-eighth are only included because there were two cash transactions in one day
totaling $7,950.00 The withdrawals are as follows:
1.
2.
3.
4.
5.
6.
7.
Date
Amount
01106/14
02/24/14
02/28/14
03/03/14
03/05/14
03/11114
03/18/14
$9850.00
$9500.00
$9700.00
$9300.00
$8820.00
$9950.00
$9870.00
Counter Withdrawal
Check# 1264 (cash)
Check# 1271 (cash)
Check# 1276 (cash)
Check# 1278 (cash)
Check# 1286 (cash)
Check# 1299 (cash)
3
8. 03/25/14
9. 03/27/14
10.04/01114
11.04/02/14
12.04/07/14
13.04/09/14
14.04/11114
15.04/15/14
16.04/16/14
17.04/18/14
18.04/29/14
19.05/02/14
20.05/09114
21. 05/15/14
22.05/19/14
23.05/21114
24.05/27/14
25.05/29/14
26.03/10/14
27.02/03/14
28.02/03/14
$9740.00
$9500.00
$9400.00
$9300.00
$9200.00
$8800.00
$9600.00
$9850.00
$8700.00
$9800.00
$9600.00
$9700.00
$9700.00
$8500.00
$9800.00
$8400.00
$8000.00
$9300.00
$4400.00
$4950.00
$3000.00
unusual in that on the days cited, cash was withdrawn from Capital Bank better business
account number 802070987 in amounts that were structured to remain below the CTR
reporting threshold of $10,000.00. The columns in paragraph 7 indicate the date the
withdrawal was made and the amount of each cash withdrawal from better business
account number 802070987.
account number 802121715 is used for the purpose of funding and/or acting as overdraft
protection for better business account number 802070987. During the time specified for
4
the structuring activity, all debits from business sweep account number 802121715 were
from transfers into better business account number 802070987 or for fees associated with
transactions made from better business account number 802070987. During the time
specified for the structuring activity, all credits into business sweep account number
802121715 were from transfers from better business account number 802070987. Thus,
the accounts are inter-related, with amounts moved back and forth between them.
9.
record of Marla Enterprises or any corporations bearing Marla and/or Thomas Bednar
listed as registered agents.
10.
individuals, who are engaged in structuring cash withdrawals out of an account will make
multiple cash withdrawals from the account within a short period of time. Additionally, I
know that when an individual, or individuals, make separate cash withdrawals out of an
account on the same day or consecutive days, in amounts of $10,000.00 or less, but
aggregating to more than $10,000.00, as indicated in paragraph 7 above, the account
holders are typically engaged in structuring.
11. As a part of the investigation, I also analyzed the Bednar's banking history. I
obtained and analyzed records from First Citizens Bank. On August 11, 2008 Marla
Bednar d/b/a Marla Enterprises, 1420 Falls River Ave., Raleigh, NC 27614, opened First
Citizens Business checking account number 861524703.
Bednar were listed on the bank signature card as signers on the account. From 8/19/10
through 10/12/10, 13 withdrawals were made from this account under the reportable
5
On or
about 12/9/10, Fifth Third Bank discontinued its banking relationship with the Bednars
due to the structuring activity.
III.
13.
in a violation of section 5313, 5316,or 5324 of this title, or any conspiracy to commit any
such violation, and any property traceable to any such violation or conspiracy, may be
seized and forfeited to the United States in accordance with the procedures governing
civil forfeitures in money laundering cases pursuant to section 981(a)(l)(A) of Title 18,
United States Code."
14.
affidavit, $246,230.00 in cash was withdrawn from better business checking account
6
Case 5:14-cv-00476-FL Document 1-1 Filed 08/22/14 Page 6 of 7
number 802070987 in the name of Marla Bednar d/b/a Marla Enterprises in structured
amounts of$10,000 or less between January 6, 2014 through May 29, 2014. The amounts
remaining in these linked accounts as of the last day of structuring activity, $ 86,728.96
and $272,828.29 (for a total of$ 359.557.25) is subject to forfeiture, in that these funds
facilitated the structuring.
III.
Conclusion
16.
withdrawals from Capital Bank better business checking account number 802070987 of
Marla Debnar d/b/a Marla Enterprises in the total amount of $246,230.00 have been
structured to evade currency reporting requirements in violation of 31 U.S.C. 5324, and
that all monies and things of value up to $359,557.25 in Capital Bank better business
checking account number 802070987 and business sweep account number 802121715 are
therefore subject to seizure and forfeiture pursuant to 31 U.S.C. 5317(c)(2).
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 22nd day of August, 2014.
Terry B. Tate
Special Agent
United States Secret Service
7
Case 5:14-cv-00476-FL Document 1-1 Filed 08/22/14 Page 7 of 7
~JS
44 (Rev. 12/07)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplementthe filing and service ofpleadings or other papers as required by law, except as proyided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is reqmred for the use of the Clerk of Court for the purpose of tmtiatmg
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I.
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-----
JUDGE
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MAG. JUDGE
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FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
LNO. 5: 14- cvG -' F
z.-tl
AUG 2 2 Z014
JULIE A. RICHARDS, CLERK
US D11B>COURT, I!DNC
BY
OI!PCLK
vs.
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.
6.
u.
BY:
A~~
VERIFICATION
I, Stephen A. West, Assistant United States Attorney for the
Eastern District of North Carolina, declare under penalty of
perjury, as provided by 28
u.s.c.
A~~