Free Declaration - District Court of Delaware - Delaware

Case 1 :07-mc-00100-JJF Document 3 Filed 05/29/2007 Page 1 of 2
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UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
U. S. DISTRICT (OUR}- DE
RICKY DEAN HARDEE, ) MESC. CASE # 0 `7·/OQ
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Petitioner, ) Case No.
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v. )
- )
UNITED STATES OF AMERICA, )
Respondent. )
) fig; V
ve`? if
- DECLARATION OF ROBERT E. BARNES ,1, ‘
I, Robert E. Barnes, declare that: ,
I. I represent the Petitioner, Ricky Dean Hardee ("Hardee"), in the above-referenlded I
matter, and hereby execute this Declaration in support of his "Petition to Quash IRS {
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Summonses." U
2. Except where explicitly noted to the contrary, I have personal knowledge of the i
facts set forth in this Declaration and, if called upon to testify to said facts, could do so
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competently.
3. Attached hereto as "Exhibit A” is a true and correct copy of the IRS Summons l
issued to MBNA America Bank NA, located at I 1000 Samoset Drive, Newark, Delaware, l
19713-21 ll.
4. Attached hereto as "Exhibit B" is a true and correct copy of part of the IRS
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Summons issued to Ricky Hardee, Custodian of Records, seeking copies of records related to
anti—money laundering procedures.
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Case 1:07-mc-00100-JJF Document 3 Filed 05/29/2007 Page 2 of 2
5. Attached hereto as “Exhibit C” is a true and correct copy of the IRS Revenue
Agent’s digitized computer notes from 2005 indicating a “Cl agent" was involved with I-Iardee’s
case.
6. Our firm conducted several interviews. The product of those interviews leaves
me with little doubt that a grand jury is formally convened in Florida and investigating Michael
Beiter, the listed agent for Mikva Management & Leasing, the identified majority owner of Hope
Masonry Contractors, concerning tax and money laundering allegations.
7. The IRS Criminal Investigation Special Agent Ripley disclosed to Rick Hardee’s
banks, customers, and workers Hardee was under criminal investigation. I have found no
evidence Special Agent Ripley told anyone this inquiry was a civil inquiry or an inquiry with a
civil goal. I have found and seen no evidence that Special Agent Ripley offered Hardee the
opportunity to provide the records requested without such disclosure to third parties prior to Q
issuance of the summonses. It is my understanding Special Agent Riley read Hardee his i
Miranda rights on or about May 9, 2007, which is the same day the first of several of these
summonses were issued to Hardee and the various third parties.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
and correct to the best of my information, knowledge, and belief.
Executed on this the 25th day of May, 2007.
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