UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA BANCROFT GLOBAL DEVELOPMENT, et al., : : Plaintiffs, : Civil Action No.: 17-395 (RC) : v. : Re Document No.: 42 : UNITED STATE OF AMERICA, et al., : : Defendants. : MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL DISMISSAL I. INTRODUCTION Plaintiffs Bancroft Global Development, Michael Stock, and Melissa Bates Stock seek the return of documents seized during the execution of a search warrant in 2011, as well as money damages for the allegedly unlawful disclosure of their confidential tax return information. In particular, Plaintiffs allege that employees of several federal agencies told employees of other federal agencies that Plaintiffs were being audited, the likely result of the audit, and commented about Plaintiffs’ behavior during the audit. Additionally, Plaintiffs allege that the government agencies that had originally seized their confidential tax information gave a portion of those documents to another undisclosed government agency without the legal authority to do so. The Government has moved to dismiss each of Plaintiffs’ unlawful disclosure claims on the grounds that they are either time-barred or insufficiently pleaded. For the reasons stated below, the Court dismisses Counts III and VII of Plaintiffs’ Second Amended Complaint for failure to state a claim and dismisses Mr. and Mrs. Stocks’ claims in Count VI and a portion of Count IV for lack of standing. II. FACTUAL BACKGROUND 1 Plaintiff Bancroft Global Development (“Bancroft”) is a nonprofit corporation that “provides education and training for foreign governments and international organizations in disciplines such as explosive ordnance disposal, emergency medicine, and law enforcement, in order to protect civilians and help such areas recover and develop economically.” 2d Am. Compl. ¶¶ 13–14, ECF No. 36. Plaintiff Michael Stock serves as Bancroft’s President and Director, and Plaintiff Melissa Bates Stock serves as its Secretary and Director. Id. ¶¶ 15–16. Bancroft’s work involves a substantial amount of classified information and material that it receives from the federal government. Id. ¶ 22. Certain members of Bancroft’s staff, including Mr. and Mrs. Stock, have been granted “clearances for extremely sensitive classified information,” which allows them access to classified material relating to specific government programs or contracts. Id. ¶¶ 22–23. Additionally, the government has allowed Bancroft to store and process classified materials in certain locations in its offices. Id. ¶ 24. Despite these clearances and authorizations, in 2011, the Federal Bureau of Investigation (“FBI”) and Immigration and Customs Enforcement (“ICE”) began investigating Bancroft for potential violations of 18 U.S.C. § 1924, concerning the unauthorized removal or retention of classified documents or material. Id. ¶ 25. In furtherance of that investigation, on November 9, 2011, the FBI and ICE executed three search warrants: two authorizing the seizure of property in Bancroft’s D.C. offices and one authorizing the seizure of property in Mr. and Mrs. Stock’s home in McLean, Virginia. Id. ¶ 26. The FBI and ICE seized a multitude of records belonging to Bancroft and the Stocks, including both hard copy records ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals