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APPLICATION FOR SEARCH WARRANT
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
accounts and 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 and associated draft reports, confirmations of wire transfers and associated wire
transfer reports and/or any other wire transfer records documenting deposits or 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) in the name of, or controlled by, the following persons or entities:
Mark L. Bibbs
At Bank of America, N.A. (Bank of America Corporation), for the period extending from
January 1, 2015 through December 31, 2016, including but not limited to any and all
accounts both open and closed held by Bank of America Bank, N.A. (Bank of America
Corporation).
APPLICATION FOR SEARCH WARRANT
In the Matter of
Mark L. Bibbs
Long Leaf Pine Consulting, LLC
ATTACHMENT II
PREMISES TO BE SEARCHED
Bank of America, N . A .
2 4 4 1 Crabtree Blvd,
2
APPLICATION FOR SEARCH WARRANT
In the Matter of
Mark L. Bibbs
ATTACHMENT III
I, the undersigned affiant, David L. Rose have been a Law Enforcement Officer for over
twenty-nine (29) years. I am currently employed as a full time, sworn law enforcement
agent by the North Carolina Department of the Secretary of State. I am a certified general
law enforcement instructor by the North Carolina Criminal Justice and Education Standards
Commission. I have received detailed training in arrest, search and seizure, elements of
criminal law, criminal investigation and constitutional law. During the course of my law
enforcement career, I have investigated numerous felonious violations of the Law, including
homicide, sexual crimes, sexual crimes against children, assault, theft, robbery, domestic
violence, narcotics violations, embezzlement, and various other fraud and financial crimes.
I have been involved with cases either as lead investigator or in an assisting capacity for
obtaining property by false pretenses, identity theft, credit card fraud, securties fraud and
I, the undersigned affiant, A. H. Jones, have been a Law Enforcement Officer for over thirty
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. However, due to an injury I am temporarily
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 Deputy Sheriff in the Patrol, Civil and
Court divisions,
. 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
3
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
Community Colle g e - D urham, NC ; and W ake Technical Community Col l ege - R aleigh, NC .
The North Carolina D epartment of the S ecretary of State (SOS) is tasked with the duty and
power to conduct investigations of violations of Art icles 2 , 4, and 8 of Chapter 120 C ( Lobbying
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
influencing current or fu ture legislative or executive action, or b oth with a " designated
individual" ( a) legislator, legislative employee or p ublic servant (members of the Council of State
and Cabinet, voting m embers of boards, and certain S tate employees, or a member of their
No rth C arolina law requires that lobbyists, principals, and solicitors must register with the
Se cretary of S t a te ' s o ffice b efore engaging in any lobbying. It shall be unlawful for an individual
to lobby without registering w ithin one b usiness day of engaging in any lobbying. Principals
statement for each p rincipal each year. Lobbyists, p rincipals, and solicitors must register with the
On or ab out uly
J 5 , 2016 , the L obbying Compliance D ivision (h ereinafter referred to as Division)
inquiries regarding whether Att orney Mark L. Bibbs ( Bibbs) was registered as a Lobbyist. D ivision
employees received phone calls or emails fr om at least four individuals regarding Bib b s ' lobbying
D ivision database (fi les) were searched an d it was confirmed that B ibbs was not registered s a
a
4
lobbyist for any Principal until ten ( 1 0 ) days after the Division began receiving complaints. On July
Division records were also searched for any Principal registrations where Bibbs was named as their
lobbyist. Beginning January 1, 2016 through to the date the Division received the first inquiry
about Bibbs' lobbying status (July 5 , 2 0 1 6 ) there were no Principal registrations naming Bibbs as
their lobbyist. However, on July 8, 2 0 1 6 (after the complaints began) Dallas McClain (McClain)
President of Cannon registered Cannon as a Principal and named Bibbs as its lobbyist.
On July 27, 2 0 1 6 a formal written complaint was filed with the Di v ision against Bibbs alleging
Bibbs violated the lobbying statute. The complainant stated the complainant had personally
appeared at the NC General Assembly and was monitoring Senate Bill 508 (SB 508). SB 5 0 8 is
described as an ACT to make various amendments to the Bail Bond, Collection Agency, and
The complainant stated the complainant continually received documentation and emails from many
parties since the legislation involved the complainant's industry. The complainant stated that on
June 2 8 , 2 0 1 6 the complainant received an email sent out by Bibbs entitled "Attorneys on Judiciary
III and Attorney Members of the House ." In a response to the email the complainant stated the
complainant asked Bibbs who he was representing and Bibbs responded "Cannon Surety."
The complainant stated the complainant possessed "significant correspondence" showing Bibbs
legislators, and others in what they described as lobbying activity taking place during the 2 0 1 6
legislative session.
The complainant made available to the Division text messages exchanges between the complainant
and Bibbs in which Bibbs assured the complainant he had been "well paid". However, the
complainant stated when the complainant pressed Bibbs for information on who retained him Bibbs
The complainant advised the complainant then contacted the Division and discovered that Bibbs
was not registered. The complainant stated the complainant also discovered that the entities Bibbs
was lobbying on behalf of (Cannon and NC Bail Academy (NCBA)) were also not registered as
principals.
The complainant also stated on several occasions the complainant observed Bibbs openly lobbying
in opposition to SB 5 0 8 , and advised Bibbs was in the company of Lyne Thompson (Thompson)
and McClain. The complainant advised the Division that Thompson, McClain and another
individual (Carl Bayless Valentine (Valentine)) are involved in multiple businesses together that
The SOS Corporations Division files contain records showing that Thompson is currently the
General Manager of the NCBA, and that she is the General Manager of the Rockford-Cohen Group,
LLC (RCG), which is the parent company of N CB A. The nature of N CB A' s business, as stated in
corporate filings of record with the S O S ' s Corporations Division , is Education. Research revealed
that NCBA offers North Carolina Department of Insurance (NCDOI) Continuing Education and
5
Pre-licensing classes to licensed and prospective bail bondsmen. The pre-licensing class is required
The Division received a second written complaint against Bibbs from a second complainant
(Complainant #2) alleging Bibbs violated the lobbying statute. The second complaint was also
received on July 27, 2 0 1 6 . When SA Jones contacted Complainant #2 the complainant advised that
Thompson was also a Member Manager of Premier Judicial Consultants, LLC (PJC), which is the
Complainant #2 made available to the Division a copy of PJC's Operating Agreement dated
November 23, 2014. The Operating Agreement was signed by Clyde R. Brawley, Member
Valentine, Member-Manager. PJC's operating agreement included a "Schedule A" that indicated
Brawley, McClain, Thompson, and Valentine each owned a 25% interest in PJC.
In addition to the above Complainant #2 made available to the Division an email that supports
Complainant #2's statement that Thompson was part owner of PJC and Cannon. See below:
. : :.; :: '
; , I
Cannon Surety is a captive insurance company located in Greensboro, NC. Cannon is authorized
by the NCDOI to transact surety business and specifically to transact bail bond business in this
state. Cannon contracts with surety bondsmen to execute or countersign bail bonds for them in
connection with judicial proceeding. Surety bondsmen receive, or are promised consideration for
doing so.
6
3. Valentine is Manager/Organizer of VAL, and is listed as the C.E.O., Member,
The first complainant included with their complaint numerous relevant emails including an email
sent by Bibbs to McClain and Thompson dated February 1 1 , 2016. The email was carbon copied
to Kim Crouch - NC Bar Association Lobbyist and others. The email clearly shows a close
relationship between Bibbs, McClain, and Thompson, and their joint involvement in lobbying
In the referenced email Bibbs states McClain and Thompson should speak against SB 508 in his
absence at an upcoming House Committee meeting. At the time of the email Bibbs was not
registered as a lobbyist, and McClain and Thompson's companies were not registered as principals.
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
bill as well. 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 it as well.
Mark L. B i b b s
While reviewing all the emails made available to the Division, SA Jones found several that contain
advertising for Bibbs legal services containing the following representations: "Lawver and Lobbyist
for the North Carolina Bail Academy and Cannon Surety. LLC. "
The advertising emails are dated May 1 1 , 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 15, 2016. All were distributed during a time period Bibbs was not registered to
lobby for Cannon or for the North Carolina Bail Academy. In addition the North Carolina Bail
Academy, NC Bail Academy, and Cannon were not registered as lobbyist principals, pursuant to
G.S. 120C. At the time Bibbs sent out the advertisements the N011h Carolina Bail Academy had
been administratively dissolved (March 4, 2 0 1 6 ) , due to failure to file annual reports. Note: The
North Carolina Bail Academy, LLC and NC Bail Academy, LLC are two separate entities, but
7
Thompson is associated with both. Thompson is the Registered agent and General Manager of
NCBA, and was the registered agent, organizer and member of North Carolina Bail Academy.
In response to the information shared with the Division 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 were obtained along with the
An examination of the signup sheets for the June 1 5 , 2 0 1 6 hearing confirmed that Mark Bibbs
signed in showing his firm as "LLPC" (Long Leaf Pine Consulting). Long Leaf Pine Consulting is
the entity Bibbs uses for his Lobbying business. Thompson also signed in as representing NCBA,
Bibbs signed in for the June 28, 2 0 1 6 House Committee on Judiciary III hearing, but on this
occasion he indicated "BLG" (Bibbs Law Group) as his firm. Lyne Thompson was also present at
A copy of the audio recording that captured the hearing on June 28, 2 0 1 6 was obtained, and a
review of the recording revealed at 51: 11 into the recording Bibbs was recognized by the
Committee Co-Chair (Rep. Sarah Stevens). Bibbs identified himself and then stated: "I represent
Cannon Surety" a captive insurance company in Greensboro, NC. Bibbs advised they had strong
Thompson also addressed the committee in opposition to the bill and her comments begin at 43:43
On the same day (July 5, 2 0 1 6 ) the Division began receiving complaints regarding Bibbs' lobbying
without being registered McClain contacted the Division and wanted to know what would happen if
someone was found to be lobbying without registering. Later that day, McClain sent an email to the
Division advising he was writing to correct a deficiency and stated he thought Cannon's 2 0 1 5
The following day (July 6, 2 0 1 6 ) Bibbs sent an email to the Division that almost mirrored the one
sent by McClain. He also stated that he was writing to try to correct a lobbying registration
deficiency, and that he thought his 2 0 1 5 registration carried him through the entire 2 0 1 5 - 2 0 1 6
The Division opened Lobbying Compliance Division Case #2016-02 in response to the mounting
evidence of lobbying violations. The purpose of the investigation was to determine whether any
During an August 3 0 , 2 0 1 6 phone conversation between SA Jones and the first complainant, the
complainant informed SA Jones that Bibbs had also appeared on February 1 2 , 2 0 1 6 before the
A copy of the audio file (recording), signup sheet and attendance record for the February 12,
2 0 1 6 N . C . Courts Commission hearing were obtained and they confirmed Bibbs signed in and
gave LLPC as his firm. A review of the recording confirmed Bibbs lobbied the Commission and
8
stated he represented both Cannon and NCBA. The NC Court Commission has several
The information obtained through the official records for the N.C. Courts Commission, and the
Minutes of House Committee on Judiciary III, for the June 1 5 , 2 0 1 6 and June 2 8 , 2 0 1 6 hearings
along with the associated signup sheets independently corroborates information given to the
The evidence substantiated that Bibbs did in fact address the Judiciary committee and the NC
Courts Commission and was lobbying on behalf of both the NCBA and Cannon. Division
records confirm at the time Bibbs addressed the Judiciary committee and the NC Courts
Commission Ca1U1on and NCBA were not registered as Principals, and Bibbs was not registered
as their lobbyist.
S O S records confirm NCBA's parent company is RCG. Thompson is the organizer, member,
and registered agent for RCG. SA Jones searched the SOS Corporation files and discovered that
Valentine/All American Bail Bonds (AABB) paid reinstatement and annual report fees for
NCBA and RCG through Valentine's business (AABB) financial account located at Wells Fargo
Bank. Other fee payments associated with NCBA and RCG were paid for by cash or credit card.
SA Jones obtained search warrants for the financial accounts of Ca1U1on and AABB. The
accounts were searched for evidence of lobbying payments to Bibbs on behalf of Ca1U1on and
NCBA.
Cannon's Capital Bank account records revealed four (4) checks made payable to Bibbs. The
checks totaled $ 2 , 9 5 0 . 0 0 . However, none of the checks contained any identifying information as
to the purpose of the payment. The checks were deposited by Bibbs into a Bank of America
Bank account.
The Ca1U1on Capital Bank account records contained approximately twenty (20) checks written to
an AABB employee, Gudiel Toledo. Toledo is a DOI licensed surety bondsman, and on his NC
Notary application he stated he worked for AABB. Toledo did not cash or deposit the checks,
but instead endorsed all of them and made them payable to Carl Valentine and/or AABB. Some
of the checks made payable to Carl Valentine and/or AABB also included AABB's Wells Fargo
9
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AABB's Wells Fargo Bank account records revealed fifteen ( 1 5 ) checks made payable to Bibbs
totaling approximately $ 1 7 , 6 8 4 . 8 8 . All the checkswith the exception of one had "Odom Case"
in the memo line. The exception check had "Thompson/McClain" in the memo line.
On December 9, 2 0 1 6 SA Jones with the assistance of S A D . Rose (SA Rose) interviewed Bibbs.
Bibbs admitted he lobbied for Cannon while not being registered. Bibbs also admitted he had
been paid monthly by Cannon and NCBA for his lobbying work.
SA Jones questioned Bibbs about the "Odom Case" he had worked (referring to the $ 1 7 , 6 8 4 . 8 8
in checks written to him by AABB), and he stated he had no knowledge of any such case. Bibbs
Bibbs advised Agents Jones and Rose that he kept his lobbying fees and legal fees in two
separate bank accounts. Bibbs stated his lobbying money was associated with Long Leaf Pine
Consulting, LLC.
1 0
SA Jones checked Division records for Lobbying expense reports filed by CaIU1on and
discovered that Cannon's Principal Expense Report Form for the first and second quarters of
2 0 1 6 were not received by the Division until December 28, 2 0 1 6 (after Bibbs' interview), and
McClain certified "ZERO EXPENSE" for those quarters. The quarter ending December 3 1 ,
2016 was filed three days later (December 31, 2016), and McClain certified the cumulative
Bibbs stated he stopped lobbying for Thompson/NCBA when Thompson sent the Division an
Affidavit in October 2 0 1 5 stating her July 3 0 , 2 0 1 5 Principal registration had been filed in error.
Bibbs stated his contract in 2015 with Thompson/NCBA was the same as McClain's 2015
contract, which required monthly payments. Bibbs stated: "Lyne maybe owes just a small
amount". Bibbs advised he did not represent NCBA at all in 2 0 1 6 . However official records and
audio files from the NC Courts Commission hearing contradict Bibbs' statement.
SA Jones discovered the only 2 0 1 5 Principal expense report form filed by NCBA was for the
quarter ending June 30, 2015. The report was filed July 22, 2015, and Thompson certified
"ZERO EXPENSE" for that quarter. A subsequent report was not filed until January 3, 2 0 1 7
(after the Division's interview with Bibbs). The Principal expense report was for first quarter
2 0 1 5 (ending March 3 1 , 2 0 1 5 ) . The report was almost two years overdue. Thompson certified
that NCBA had "ZERO EXPENSE" during that quarter also. As with the CaIU1on filings the
Thompson admitted she hired Bibbs as a lobbyist for NCBA, and also admitted to paying Bibbs
in 2 0 1 5 on a monthly basis. She stated Bibbs billed her $6,000.00 per month, but had agreed to
accept $2,000.00 per month. Thompson advised she had paid Bibbs approximately $20,000 to
$24,000 for lobbying for NCBA in 2 0 1 5 . She stated she banks with Union Bank in Youngsville.
Thompson admitted to SA Jones and Register that some of her payments to Bibbs were made by
check, and on occasion she put the money directly into his bank account. Thompson stated most
of the payments were in cash because that was Bibbs' preferred method of payment. She advised
Bibbs provided her with a receipt for the cash payments. Thompson stated she had the cancelled
checks and agreed to make those and the receipts available to the Division. However, as of this
Thompson was shown the Principal expense report forms she filed for 2 0 1 5 stating "ZERO
EXPENSE". Thompson stated she didn't know she had to claim expenses. SA Jones pointed
out the signature (LyIU1 Thompson), and she admitted the signature was hers, but advised the
form was filled out by someone else and she just signed it. She went on to admit that she
regularly signed forms and left them on Gudiel Toledo's desk for him to notarize for her. She
Thompson was advised Notary law required the principal to be present when a document was
notarized, and also required the Notary to personally know or identify the person they were doing
the notary act for. Thompson advised Toledo had known her for some time. SA Jones
1 1
confronted her with the fact that Toledo notarized Lyne Thompson's signature and as such could
not have known her very well. Thompson was asked if she had any ID in the name Thompson
During a routine background check on Thompson, SA Jones found evidence that Lyne
license, NC Appraisers license, and NC Real Estate license are all in the name of and signed
"Mina Mustian". The NC Drivers license (NCDL) history for customer # 5 6 0 9 2 8 1 revealed the
name on record has always been Mina Lynette Mustian since it was first issued in 1978.
Mustian's license was renewed as recently as July 2 3 , 2 0 1 5 with no name changes. In addition
SA Jones discovered the identification presented to lease the post office box for NCBA and RCG
was Mustian's NCDL # 5 6 0 9 2 8 1 . Accurint records do not indicate any marriages or legal name
SA Jones advised Thompson that the Division had identified her as Mina Mustian and she
admitted that she was Mina Mustian, but stated she was also Lyne Thompson. She advised she
married David Thompson 33 years ago, but never changed her name. Mustian/Thompson was
unable to advise the city, town, location or any other identifying information as to where she was
married. She could only advise it was somewhere off the coast of Florida and she said she did
not require a passport to get to the island. Mustian/Thompson admitted her NC Drivers license,
her NC Appraisers license, and her NC Real Estate license are all in the name of and signed
"Mina Mustian". Mustian/Thompson agreed to make available to the Division a copy of her
marriage license to substantiate her claim. She stated the license was in the possession of her
mother-in-law. As of this date Mustian/Thompson has failed to contact or make available to the
Division any information or documentation to substantiate that she is in fact Lyne Thompson.
At this time, based on information in the Division's possession and within its knowledge, the
Division cannot determine whether Bibbs, while he was not registered as a lobbyist, received
payments for lobbying activities during the 2 0 1 6 legislative session from Cannon Surety and/or
NCBA and, therefore, cannot determine whether Cannon and/or NCBA violated the Lobby Act
by failing to register and make timely filings as Bibbs' principals during the 2 0 1 6 legislative
session. The Division cannot complete its investigation nor issue appropriate and lawful notices
of violation, nor assess fines and penalties, without additional financial information of Bibbs and
LLPC. The affiants believe that information contained in the financial records of Bibbs and
LLPC will be relevant to this inquiry and investigation. Additionally, the affiants believe that the
financial records will allow the Division to determine whether Bibbs/LLPC was engaged in
lobbying activities while not properly registered for other persons or entities.
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
12
(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
(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
(d) Unless a resignation is filed under G.S. 120C-210, 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
(e) Each lobbyist shall identify himself or herself as a lobbyist prior to engaging in lobbying
communications or activities with a designated individual. The lobbyist shall also disclose 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 months after
voluntary separation or separation for cause from employment with a State agency shall also
indicate which State agency with which the former employee was employed. ( 1 9 3 3 , c. 1 1 , s. 2;
CRIMINAL PROVISIONS
(a) Whoever willfully violates any provision of Article 2 or Article 3 of this Chapter shall be
who is convicted of a violation of the provisions of this Chapter shall in any way act as a lobbyist
(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 ($5,000) per violation. ( 1 9 3 3 ,
13
N.C.G.S. 120C-206. Lobbyist principal's authorization.
(a) A written authorization signed by the lobbyist principal authorizing the lobbyist to
represent the principal shall be filed with the Secretary of State within 20 (business days after the
lobbyist's registration. If the written authorization is filed more than 20 business days after the
lobbyist's registration and before January 1 of the following year, the lobbyist registration is
effective from the date of filing of the lobbyist registration and all reports due under Article 4 of
(b) The form of the written authorization shall be prescribed by the Secretary of State, be
filed electronically, and shall include the lobbyist principal's full name, complete address, and
telephone number, name and title of any official authorized to sign for the lobbyist principal, and
(c) An amended authorization shall be electronically filed with the Secretary of State no later
than 1 0 business days after any change in the information on the principal's authorization. Each
supplementary authorization shall include a complete statement of the information that has
2 0 0 6 - 2 0 1 , s. 1 8 ; 2007-347, s. 4; 2 0 0 8 - 2 1 3 , s. 9 0 ; 2009-549, s. 4; 2 0 1 3 - 3 6 0 , s. 2 7 . l ( e ) . )
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
found in the Bank of America Bank accounts including, but not necessarily limited to, accounts
numbered 237027848296 and 237029204375 of Mark L. Bibbs and/or Long Leaf Pine
Consulting, LLC.
The Division received information from multiple sources that Mark Bibbs was actively lobbying
Division records confirmed Bibbs was in fact not registered as a lobbyist for any entity in 2 0 1 6
until he registered on July 1 5 , 2 0 1 6 showing Cannon Surety as the principal. Cannon did not
register as a principal until July 8, 2 0 1 6 . It was also confirmed that NCBA was not registered in
2 0 1 6 at any time as a principal, and Bibbs was never registered as its lobbyist.
Affiant Jones 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
14
Affiant Jones reviewed the transcript of the audio file (recording) obtained related to Bibbs
appearance before the NC Court Commission hearing on February 1 2 , 2 0 1 6 , and the related
signup sheet and attendance records. The affiants noted Bibbs signed in and gave Long Leaf
Pine Consulting (LLPC) as his firm. A review of the associated recording confirms that Bibbs
addressed the Commission and identified himself. Bibbs stated he represented both the NC Bail
Academy and Cannon. The NC Court Commission has several members who are for purposes
Affiant Jones also reviewed the Minutes of House Committee on Judiciary III for June 1 5 , 2 0 1 6
and June 28, 2 0 1 6 . The review confirmed Bibbs was in attendance and actually addressed the
Committee on June 2 8 , 2 0 1 6 . Affiant Jones reviewed the audio record from the June 28, 2016
meeting and confirmed that Bibbs spoke in opposition to SB 508 and stated he represented
Cannon Surety.
The first complaining witness stated Bi bb s assured him that he was b ein g well p a i d, and the
between them and Bibbs that support their statement. In one text m essage Bi bb s advises his fee
is $10,000 per month for 12 months for 2 years with 50% down. Non-negotiable.
Cannon Surety was delinquent in filing its Principal expense report forms for the first three
their reports, but did not document any payments to Bi b bs even though Bibbs admitted that
Cannon paid him $ 6 , 0 00 per month in both 2 0 1 5 and 2 0 1 6 . Cannon filed their fourth quarter
2015 Principal expense report on January 30, 2017 after the D ivisions interview with B i b bs. The
SA Jones searched the SOS Corporation files and discovered that Valentine/All American B ai l
Bonds (AABB) paid reinstatement and annual report fees for NCBA and RCG through
V a l entine ' s business (AABB) financial account located at W ells Fargo Bank. Other fee
payments associated with NCBA and RCG were paid for by cash or credit card.
A search warrant obtained for that account revealed that AABB paid Bi b b s approximately
$17,684.88. The check memo l ines contained "O do m case", but Bibbs stated in his interview he
did not recall working an Odom case. Bi b bs deposited many of the above referenced checks into
It is reasonable and prudent to expect that the items requested pursuant to this search warrant are
maintained within the custody of Bank of America Bank, N.A . (Bank of America Corporation).
United States Treasury and North C ar o l i n a Banking Commission regulations (implementing Title
I and Title II of the United States P ublic Law 91-508 [ 1 2 U.S.C. 18 2 9 b ] and 4 N.C.A.C. 3C
demand (checking) accounts, savings accounts and time deposit accounts, and credit card
15
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 cashier's checks
Further, it is required that the following information be maintained for a period of two (2) years:
Therefore, the affiants have probable cause to believe that the property to be seized will be found
in the Bank of America accounts of Mark L. Bibbs/Long Leaf Pine Consulting, LLC.
The affiants also have probable cause to believe that both Dallas McClain (Cannon) and Mina
Mustian aka Lyne Thompson (NCBA) paid Mark Bibbs for his services as a lobbyist to oppose
SB 5 0 8 while Mark Bibbs was not registered as a lobbyist, and Cannon and NCBA were not
of such criminal violations is usually found within the bank financial records of accounts used by
the perpetrators, and/or their co-conspirators, and that such perpetrators, and/or 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/or their co
conspirators.
Therefore, the affiants respectfully request the Court to issue a warrant directing a search for and
16
David L. Rose, Special Agent
the
7 day of It( , 2017
J
u
17
File No.
STATE O F N O R T H C A R O L I N A
PURSUANT TO SEARCH
G . S . 1 5 A - 2 2 3 , 15A-254. -257
Ix] 1. a search warrant issued by: Superior Court Judge Donald W. Stephens
NOTE: This is 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
iK] 1 . I l e ft a copy of this inventory with the person named below, who is:
The law enforcement agency identified below will hold the seized p r o p e rt y subject to court order.
SWORN A N D S U B S C R I B E D TO BEFORE ME
A C K N O W L E D G M E N T OF R E C E I P T
r . }
'!f . . ... )
f '
F '
IN RE: INVESTIGATION B Y N . C . I
THIS CAUSE HAYING COME ON TO BE HEARD upon oral motion of the State regarding
1. On March 7, 2 0 1 7 in Wake County, a search warrant was issued in the matter of Mark
2. That no one has been charged with any crime and that the investigation is o n g o i n g .
for search, the inventories of items seized, and the return includes sensitive
the secrecy of said warrant, any attachments, return, application for search, the
5.That to p u b l i c l y disclose the basis for the search warrant, or the inventory of
investigation and/or may release information that could adversely affect persons
who are not charged with committing a crime and materially prejudice further
investigation.
It is therefore O R D E R E D that the application and search warrant, issued on the above
referenced date, and the return therefore, a n d this Motion ealed by the Court a n d the
contents thereof not released for an a d d i t i o n a l period of days, with leave to request an
SEARCH WARRANT
Investigation by &
THIS CAUSE HAVING COME ON TO BE HEARD before the Judge Presiding, and it
2. No one has been charged with any crime reference File#2016-02, and the
investigation is ongoing.
3. Investigators with the North Carolina Department of the Secretary of State applied for
4. The search warrants for these records were granted today, March 7, 2 0 1 7 , by the
undersigned Superior Court Judge, and was executed the same day.
5. The application for the search warrants, search warrants and returns, accompanying
affidavits, Motion to Seal Search Warrant and Accompanying Documents, and Order
to Seal Search Warrant and Accompanying Documents contain very sensitive and
confidential information.
6. That the success of this investigation by the North Carolina Department of the
Secretary of State may be hindered by the publishing, at this time, of the contents of
the applications and warrants and returns thereof, this Motion and Order in the several
7. That the interest of justice will best be served by temporarily maintaining the secrecy
of said warrants, any attachments, return, application for search, the inventories of
8. That to publicly disclose the basis for the search warrants, 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
procedures involving this investigation and any subsequent prosecution and will
jeopardize the right of the state to prosecute a defendant or the right of the defendant
It is therefore ORDERED that the applications, search warrants and accompanying affidavits
issued on the above referenced date, and the returns therefore, and this Motion and Order be
sealed by the Court and the contents thereof not releaseiuntil further order by the Court.
\;jl-\,(\L
ti/C COLJN 1 Y.
I I
c Q
V
c
Investigation by &
NOW COlVIES 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 Court to issue an Order requiring that the applications
for search warrants, search warrants and returns, accompanying affidavits and documents,
submitted contemporaneously herewith, 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
the commission of violation(s) of Chapter 120C Article 2, N.C. Gen. Stat. 120C-200 (Lobbyist
registration procedure) of the North Carolina Lobbying Law, said violation(s) believed to be
2. No person or entity has been charged with any crime referenced in Lobbying
4. The applications for the search warrants.jhe search warrants and returns, and the
5. The release of the above-mentioned documents to the public at this time would
jeopardize the Division's ongoing criminal investigation and possibly 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 public in having access to the above
. 1
8. While other alternatives have been considered, sealing of the application for the
search warrants, the search warrants and returns, accompanying affidavits and documents, and I
this Motion and the resulting Order, is essential to preserve higher values and is narrowly
. ar No. 26235)
Raleigh, NC 27602-0629
T: (919) 7 1 6 - 6 6 1 0
F: (919) 7 1 6 - 6 7 5 7
jlindsley.ncdoj .g(?V
The undersigned hereby acknowledges that the foregoing Motion has been reviewed by the
Office of the Wake County District Attorney and that said office does not oppose the Motion.
This t ay of March 2 0 1 7 .
1-/4
kcngs
1st Assistant District Attorney