THE UNITED STATES DISTRICT COURT
DISTRICT OF North CAROLINA

 ASHEVILLE DIVISION

United States of America       )     Docket 1:08MC5
Plaintiff                      )        
 Vs                            )
                               )     4TH Motion for Return of 
515 Concord Ave                )     Property (Rule 41g)
Robert Clarkson                )
Defendant                      )

Pursuant to Rule 41(g) FRCrimP, Defendant Robert Clarkson again moves this Court for the fourth time 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 from his home 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 the FBI to 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 the week after the seizure.
   

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 federal investigators to prove by affidavit that all of the seized items were needed for their investigation.
   

4.  The FBI did not return all of Clarkson possessions (some mentioned below). Therefore he and his wife Donna Clarkson filed more Rule 41 motions for the return of his property.
   

5.  Judge Thornburg denied further relief for the missing valuables and Clarkson filed his motion for re-hearing. After all of his requests to the lower court were denied, Clarkson filed his notice of appeal and paid his filing fee to the Fourth Circuit.
   

6.  Then grand jury in Asheville issued its indictments against the main participants of the group fighting the banksters. Clarkson was not included in that round of indictments and asked the Fourth Circuit to remand the case to Judge Thornburg to make another decision based on the new event. Then Judge Thornburg denied Clarkson third request to him. Since then a second round of indictments or more have been issued and as excepted Clarkson was not included.
   

7. Clarkson pursued his appeal and filed an appellant brief on schedule. On February 23, 2009 the fourth CCA dismissed Clarkson appeal without further ado claiming no final order had been issued by the lower court. Therefore Defendant requests that this court either issue its order for the return of every single piece of Clarkson family property or issue an appealable order, i.e. a final order in a format acceptable to the appellant court.
   Petition for Re-hearing to the 4 CCA was filed on March 2, 2009.
   

8.  All of the patriots involved in the operation against the banks had been indicted, arrested or on the lam. Clarkson is not in that group nor expected to be. No criminal case in Asheville is anticipated for him, therefore his personal possessions are not connected with the criminal case or expected to be, and consequently his property can not be evidence in a criminal case. Therefore the FBI has no legal grounds for denying a citizen his valuables.
   

9.  Since Clarkson was not included in the indictments, no criminal case was begun against him and maybe the fourth circuit was correct by finding no final order existed. Since no case was opened in the first place, understandably no final order could be issued. In effect, defendant was denied his right to appeal. Somehow, somewhere he needs his property returned or his due process right to appeal.
   Part II As stated before:
   

10.  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.
    

11.  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.
    

12.  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.
    

13.  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.
    

14.  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.
    

15.  Well, the justification for the search warrant and Judge Thornburg’s orders no longer exist. The FBI should not to continue disobeying Judge Thornburg’s first order “to produce evidence pertaining to its continuing need for Clarkson’s property in an investigation or prosecution”.
    

16.  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.
    

17.  Based upon the assurance of Ms. Rose, Judge Thornburg issued his final order on February the 25th denying Clarkson’s latest request for return of properties. Then the FBI promptly reneged.
    

18.  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, Mrs. Clarkson’s silver coin necklace, a large number of silver coins, Indian head penny coin collection in folders, etc.
    

19.  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.
    

20.  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 were issuing banking instruments. The Gov no longer has any lawful use for Clarkson’s valuable properties and he needs them.
    

21.  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.
    

22.  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. For your information, 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?
    

23. 23. 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 nothing involvement by him with banking instruments, now called “acceptance for value”.
    

24.  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.
    

25.  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.
    

26.  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.
    

27.  Agent Andy and his crew still have in the FBI vault a great deal of valuables of the Clarkson family which can not possibly be used in any criminal case or the one in Asheville . These items are listed in the other pleadings by defendants in this case.
    

28.  Defendant hereby incorporates by reference herein all of his prior pleadings and motions in this case.
    

29.  Clarkson stated in his second motion for return of property:
    “The cash money, my VA check, my law school diploma and almost everything retained can not be at any stretch of the imagination related to a criminal case. We are glad that the FBI agents have lots of self-confidence and pride in their agency. However, they have openly disobeyed an order of the court and insulted our independent judiciary”.
    “The G-men kept my law school diploma. When I left the Army hospital in 1971, the Doctors told me that I had brain damage and that I would never be able to do anything. The law school diploma represents to me that this disability was not debilitating, that I graduated from a prestigious law school and had a chance to live a normal life. Keeping my diploma upset me so much that I had to seek treatment from a Physiologist”.
    

30.  The items taken by the FBI and not returned in spite of three court orders include:
    

1.  Computer hardware, hard drives and operating systems for two computers.

2.  Certificates and frames

3.  Legal papers, envelopes, mail

4.  Personal items of Ms. Clarkson

5.  Many other items

31.  The morning of the search warrant Clarkson received an envelope with $3000 cash for silver coins. He spilled these on the floor and carefully counted the money before he placed it in the cash drawer. Beyond doubt, $3000 cash was in the envelope.  Agent Andy reported only $1000 cash, which returned. The FBI agents pay apparently is not enough because they needed a bonus. Drug dealers may not report cash stolen but defendant is not a drug dealer.
    

32.  In conclusion, Clarkson requests that this Court order the return of the remaining items and reimburse Defendant for the cost of this action. 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.
___________________________                      

Robert Clarkson, Pro Se    March 23, 2009
515 Concord Avenue
Anderson, SC 29621

(864)225-3061
_________________________________________________________________________________________________________

ATTACHMENT

Robert Clarkson, Pro Se
515 Concord Avenue
Anderson, SC 29621
(864) 225-3061

Clerk of Court                                                             March 23, 2009
US Courthouse
Asheville , NC 28805

Re: FBI vs. Clarkson    DOC #1:08MC5

Dear Sir:
Please find enclosed original and one copy of my fourth motion under rule 41.
All of the related cases have been assigned to Judge Voorhees.
I am sending a copy of all of this to Ms. Rose, Assistant District Attorney.

Yours,
Robert B. Clarkson