THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
United States of America ) Docket # 8:07-cr-00536-WMC
Plaintiff )
Vs )
) Third Motion for Return of Property
515 Concord Ave ) (Rule 41g)
Robert Clarkson )
Defendant )
The FBI investigation against Clarkson has ended.
Pursuant to Rule 41(g) FRCrimP, Defendant Robert Clarkson again moves this Court to order the FBI and US Attorney to return his possessions and property based upon the following grounds:
1. On May 3, 2007, a team of FBI agents seized the property of Robert Clarkson in Anderson, SC pursuit to search warrant by Magistrate Judge Catoe on behalf of the FBI in Asheville, NC. The court in Greenville ordered on August 10 that the FBI return to Clarkson any seized property not relevant to a criminal investigation.
2. In Asheville the FBI has an active investigation against a third patriot club which was fighting the Federal Reserve and International Bankers. Nobody at anytime alleged that Clarkson was involved with this third unnamed group. The defendant claims that he did not know it existed until recently.
3. The FBI refused to return all of Clarkson’s properties so he filed on October 6, 2007 a second motion under Rule 41g which was transferred to the Honorable Stacy Thornburg USDJ-WDNC in Asheville, NC. Judge Thornburg on January 29, 2008 issued his order ordering the FBI to prove by affidavit that all of the seized items were needed for their investigation.
4. On February 11, 2008, AUSA Jill Rose of the US Attorney’s Office in Asheville filed her response to Clarkson’s Motion’s. In section II A. Underlying Crimes of said Motion, the government stated very clearly they were investigating crimes under 18 USC 1341, 1343, and 371, i.e. mail fraud.
5. Now the FBI has already stated that they knew that Clarkson had no connection to the third Patriot club doing banking instruments. Nobody at anytime has ever connected Clarkson to the activities of the other group under investigation for mail fraud.
6. Again Defendant has been right vocal that he was not only not involved but not even aware of the other group’s existence or activities or members. He did know a few of the people involved and he knew that such activities existed out West.
7. From the beginning the FBI emphatically stated that Clarkson was under investigation only for tax crimes. Defendant explained to them carefully that the Privacy Act and other federal laws prohibit the FBI from investigating tax offences which is the exclusive bailiwick of IRS.
8. On April 8, 2008 Clarkson met for the second time with the FBI in the Ashville. At this time Clarkson received notification that the FBI was no longer investigating him and that the tax case had been turned over to the IRS.
9. Well, the justification for the search warrant and Judge Thornburg’s orders no longer exist. The FBI is unable to continue obeying Judge Thornburg’s first order “to produce evidence pertaining to its continuing need for Clarkson’s property in an investigation or prosecution”.
10. This new information is hereby presented to the trial Judge for an updated decision. This may save everybody the expense of continuing an appeal.
11. Additionally Ms. AUSA Rose stated in her last page of said response that “the FBI wishes to return to Clarkson” additional items including his checks, silver coinage, a coin collection and assorted paper currency.
12. Based upon the assurance of Ms. Rose, Judge Thornburg issued his order on February the 25th denying Clarkson’s request for return of properties. Then the FBI promptly reneged.
13. Secondly, the FBI has not returned a number of items promised by Attorney Rose in her said response. The FBI has not returned one of more gold coins, approximately $2,000 in cash, Ms. Clarkson’s silver coin necklace, a large number of silver coins, Indian head penny coin collection in folders, etc.
14. Clarkson was informed by the FBI that they were not returning his silver medallions called “Liberty Dollars” because they were now classified as contraband. Pieces of metal can not be contraband. Besides if the G-men are withholding silver coins promised by the DOJ, then they should go back to the Judge to have the order modified.
15. The FBI violated this court’s clear and distinct order. None of the items kept by the federal cops are relevant to any criminal investigation. The FBI stated all along that Clarkson is not involved with the other Patriot Group in Asheville who was issuing banking instruments. The Gov no longer any lawful use for Clarkson’s valuable properties and he needs them.
16. However, the FBI as previously stated, is burdening or Dismantling a political organization. The government in this case is interfering with the political activities of a free people.
17. The FBI has spent millions of dollars investigating Clarkson and has found absolutely nothing that they did not already know. Clarkson has a website which explains everything he does. Please examine www.patriotnetwork.info. None of his activities are not listed on the website. Nothing on the website dealt with banking instruments.
Why would a political group have a website without listing their beliefs and events?
18. The FBI had for two years a team of three undercover agents attend the meetings of the Asheville Patriots and do surveillance on Clarkson. During this time they found nothing about him that was not on his website and no involvement by him with banking instruments, now called “acceptance for value”.
19. The FBI on May 3 raided his home/office and took everything. He and his family were left only with clothes and furniture. The FBI made a through search of his house and all of the contents therein. Again they found absolutely nothing dealing with banking instruments nor anything not on his website except the political association’s financial records.
20. For the original warrant, agent Andy submitted an affidavit to the Magistrate. This was resubmitted with other documents to this court by Ms. Rose about February 11th. At that time Ms Rose knew that Clarkson had been cleared by the FBI and was no longer under investigation. Unfortunately, Ms Rose has not been truthful to the court.
21. The DOJ sought a search warrant with a sealed affidavit. Since the search warrant was illegal in its entity and the affidavit was basically untrue, it should be released.
22. In conclusion, Clarkson requests that this Court order the return of the remaining items. Further Clarkson requests that if this court deems proper, order to the FBI not to interfere with the political activities of a political act group unless an actual crime has been committed.
Certificate of Service: I hereby certify that on this date I sent properly a copy to opposing counsel.
___________________________ Date: May 2, 2008 Robert Clarkson, Pro Se 515 Concord Avenue Anderson, SC 29621 864) 225-3061(