THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
United States of America )Docket # 8:07-cr-00536-WMC
Plaintiff )
)Summary of Events
Vs ) In Support of
)Petition for Contempt of Court
515 Concord Ave )
Robert Clarkson )
Defendant )
Defendant Robert Clarkson hereby submits his Summary of Events to explain the background of this case.
1. This case begins with a search warrant on May 3, 2007 on Clarkson’s home and the office of a political organization by the FBI from Asheville North Carolina.
4. The FBI had an active investigation against a patriot group in Asheville which was fighting the Federal Reserve and the international bankers by use of banking instruments such as bill of exchanges, whatever that is. Clarkson was not involved in this activity in any way and claims he did not know about it.
5. Clarkson is the founder and principal officer of a patriot political group called the Asheville Patriots. This political action group is a legitimate tax reform group with the mission of abolishing the IRS, the income tax and the Federal Reserve. Dozens of political groups classified as “tax protestor” operate in North and South Carolina with similar purposes and goals.
All these groups are different with different leaders, different beliefs and different practices. No central leader or organization exists. Each group operates independently. However the members move between the groups and attend the various meetings.
6. None of the groups advocate violence or participate in that, but all are outside of the mainstream plus some have rather strange political beliefs and political practices. In general the patriots are a great nuisance to the establishment. Those participants even hide behind the First Amendment.
7. 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?
8. 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”.
9. The FBI on May 3 raided his home/office and took everything. He and his family were left only with clothes and furniture. Attached is a copy of the newspaper article.
10. 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.
11. Two months after the raid, Clarkson filed a Rule 41g Motion for Return of Property. The government filed its response on August 9, 2007 and on August 10; the Magistrate Judge in Greenville, SC ordered that the FBI return all of the seized properties unless it was related to an investigation. No property of Clarkson was or could be related to the investigation.
The judicial officer was Magistrate William M. Catoe who also issued the search warrant.
12. The FBI refused to return all of Clarkson’s properties so he filed on October 6, 2007 a second motion under Rule 41g. This was later transferred to the Honorable Stacy Thornburg USDJ-WDNC in Asheville, NC.
13. 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. The Federal Agents submitted some paperwork including the original affidavit from May 07.
14. On February 11, 2008 AUSA Jill Rose of the US Attorney’s Office in Asheville filed her response to Clarkson’s Motion’s. This motion stated the government’s case very clearly.
15. In section II A. Underlying Crimes of said Motion, the government stated very well they were investigating crimes under 18 USC 1341, 1343, and 371.
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.
Again the political activist 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.
17. Therefore according to the AUSA response to the court, Clarkson is not under investigation for mail fraud, etc. Defendant explained to the government actors carefully that the Privacy Act and other federal laws prohibit the FBI from investigating tax offences which is the exclusive bailiwick of IRS.
18. Additionally Ms. AUSA Rose stated in her last page of said response that “the FBI wished to return to Clarkson” additional items including his checks, silver coinage, a coin collection and assorted paper currency.
19. 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.
20. 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.
21. 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”.
23. 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.
24. 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.
27. In conclusion, the FBI in Asheville has issued dozens of search warrants and is continually expanding their investigation against obscure political groups but not sought any indictments after four years. The well paid agents of the world’s most prestigious law enforcement agency are a bunch of the Yankees who are not familiar with the Uncle Remus tale of the Tar Baby.
Hopefully this summary will furnish a well organized and clear account of the dates and facts in this case.
Certificate of Service: I hereby certify that on this date I sent properly a copy to opposing counsel.
___________________________ May 12, 2008
Robert Clarkson, Pro Se
515 Concord Avenue
Anderson, SC 29621
(864) 225-3061
ATTACHMENT:
FBI searches a house on Concord Avenue
By Heidi Cenac
Thursday, May 3, 2007
Left: FBI agents out of Columbia work Thursday for nearly seven hours around the front driveway of the home at 515 Concord Ave. in Anderson.
Lorean Fendley, 83, left her home this morning to find FBI agents hauling boxes out of her neighbor's house at 515 Concord Ave.
“I was afraid something terrible had happened,” Ms. Fendley said. “I just couldn't imagine what was going on.”
Her fears were relieved when another neighbor said the officers were from the FBI. FBI spokesman Tom O'Neill has declined to comment on the investigation, but neighbors suspect the seven-hour search was related to income tax evasion.
The homeowner, Robert Clarkson, is a Vietnam veteran who reportedly suffers from post-traumatic stress disorder. Neighbors say he is well known for his anti-government stances and often holds rallies at his home.
Mr. Clarkson, a former attorney, has been convicted of federal tax-related crimes twice. Federal prosecutors filed suit against Mr. Clarkson again in 2005 seeking injunctive relief from his “continuing conduct as a promoter of a fraudulent tax plan or arrangement.”
Mr. Clarkson, who was in Columbia on Thursday, said he wasn't sure what the FBI would want from his house because he posts everything on his Web site.
“There's nothing I do that has had anything to do with the FBI. Now, the IRS I don't like,” Mr. Clarkson said.
He said his only previous contact with the FBI was for making threats against the Internal Revenue Service and selling freedom bonds, which the buyer can redeem “when the Constitutional government is restored” for the bond's amount plus interest.
“If they want to arrest someone they picked the wrong person,” Mr. Clarkson said. “I'll sue them.”
Motorists rubber-necked as they passed his house and drivers gawked at the two white Ford F-450 covered trucks in Mr. Clarkson's driveway. Nearly every car stopped to ask reporters and neighbors what was going on.
Susan Aakhus, who lives across the street from Mr. Clarkson, said agents arrived before 10 a.m. Thursday morning. Before they left around 4:30 p.m., Mrs. Aakhus persuaded the agents to let her take in Mr. Clarkson's black-and-white terrier.
“I'm not going to leave him there to starve,” she said, holding the dog in her arms.
The agents left a cat inside the house with enough food and water for several days. Mrs. Aakhus was told to call them if no one comes home so the cat can be taken care of. Mr. Clarkson said he would be home Friday.
Mr. O'Neill said the FBI would release information about the search once an arrest had been made, but he was not expecting that to happen Thursday.