D NONE (No reportable positions.)

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Whitney, Frank D.,, AO JO Rev. 112011 FOR CALENDAR YEAR 2010 Report Required by the Ethics in Goi ernment Act of 1978 (5 U.SC. app. 101-ll 1) I. Person Reporting (last name, first, middle initial) Court or Organization Date or Report Whitney, Frank D. District Court - WDNC Title (Article Ill judges indicate active or senior status; Sa. Report Type (check appropriate t)'pe) 6. Reporting Period magistrate judges indicate full- or pan-time) D Nomination, Date 01/01/2010 District Judge - Active D Initial [{ Annual D Final to 12/31/2010 Sb. Amended Repon 7. Chambers or Office Address 8. On the basis or the information contained in this Report and any modifications pertaining thereto, it is, in my opinion, In compliance Charles R. Jonas Federal Bldg with applicable laws and regulations. 401 W. Trade St., Room 195 Charlotte, NC 28202 Reviewing Offcer Date D IMPORT ANT NOTES: The instructions accompanying this form must be followed. Complete all parts, checking the NONE box for each part where you have no reportable information. Sign on last page. I. POSITIONS. (Rt!poning individual only; see pp. 9-IJ of filing instructions.) D NONE (No reportable positions.) POSITION NAME OF ORGANIZATION/ENTITY I. Member Whitney Properties LLC Power of Attorney [!J1tM1lJ Member #I Toistee Trust #I Administrator Estate # l (estate closed 6/4/2010) 5. Director Festival in the Park, Inc. (IRC 50l (c )(3)) JJ. AGREEMENTS. (Reportng individual only; set! pp. 14-16 of filing instructions.) [{ NONE (No reportable agreements.) PARTIES AND TERMS l.

,, Name or Person Reporting Date or Report Page 2of6 Whitney, Frank D. III. N 0 N-INVESTMENT IN CO ME. (Reportng indfridual and spouse; see pp. 17-U of filing instructions.) A. Filer's Non-Investment Income [{ NONE (No reportable non-investment income.) SOURCE AND TYPE JNCOME (yours, not spouse's) I. B. Spouse's Non-Investment Income - If you were married during any portion of the reporting year, complete this section. (Dollar amount not required except for honoraria.) D NONE (No reportable non-investment income.) SOURCE AND TYPE I. 2010 Self-employed kitchen designer 2010 South End Kitchens LLC - salary IV. REIMBURSEMENTS - transportation, lodging.food, entertainmenl (Includes those to spouse and dependent children; see pp. 15-17 of filing instructions.) D NONE (No reportable reimbursements.) SOURCE DATES LOCATION PURPOSE ITEMS PAID OR PROVIDED I. Regents School of Law 21512010 lo 217/2010 Cheasapeake, VA Serve as moolcourt judge for moot court competition Transportation, meals, and lodging 5.

Name of Person R porting Date of R port Page 3of6 Whitney, Frank D. V. GIFTS. (Includes those to spouse and dependent children; supp. 28-31 of filing instructions.) [{ NONE (No reportable gifts.) SOURCE DESCRIPTION VALUE I. 5. VJ. LIABILITIES, (Includes those of spouse and dependent children; see pp. 32-33 of filing instructions.) D NONE (No reportable liabilities.) CREDITOR DESCRIPTION VALUE CODE I. Bank of America Loan on Rental Property #I, Davidson, NC (Part VII, Line I) M Bank of America Loan on Rental Property# I, Sunset Beach, NC (Part VII, Line 3) N 5.

, l'ame of Penon Reporting Date of Report Page 4of6 Whitney, Frank D. VII. INVESTMENTS and TRUSTS - income. value, transactions (Includes those of spouse and dependent children; see pp. 34-60 of filing instructions.) D NONE (No reportable income, assets, or transactions.) A. Description of Assets Income during (including trust assets) repning period of reponing period B. c. D. Gross value at end Transactions duri ng reponi ng period (I) (2) (I) (2) (I) (3) (4) (5) Place "(X}" after each 3'Set Amount Type (e.g., Value Value Typ (e.g., Date Value Gain Identity of exempt from prior disclosure Code I div., rent, Code2 Melhod buy, sell, mm/dd/yy Code2 Code I buyer/seller (2) (A ll) or inl.) (J-P) Code) redemptio n) (J-P) (A-II) (if private (Q-W) transaction) I. Rental Property #I, Davidson, NC D Rent N w Whitney Properties, LLC: None 0 w - Rental Property #I, Sunset Beach, NC E Rent Pl w - Rental Propety #2, Sunset Beach, NC E Rent 0 w 5. - Rental Property #3, Sunset Beach, NC E Rent 0 w 6. - Bank of America business accounts A Interest K T (Whitney Prop LLC) 7. Carolina Panthers Permanent Seat License None J w 8. Co-author book, Lexis-Nexis, Newark, NJ None J w (no inc since2002) 9. Bank of America savings and checking A Interest J T accounts :fi:: l JO. Belk Corp Common Stock, Charlotte, NC A Dividend J T 11. BB&T (Sterling Capital) Equity Index Fund A Dividend K T 1 BB&T Prime Fund A Interest J T 1 United Parcel Service Class B A Dividend J T 1 Fidelity Dividend Growth A Dividend K T 15. Standard & Poors DEP RCPTS (SPY) D Dividend M T 16. US Payroll Savings Bonds None J T 17. Trust#!: I. Income Gain Codes: A =$1.000 or less ll=sl.001-$500 c =$501 - $5,000 D =$5,001 $15.000 E =$15.001. $50.000 (Sec Columns ll I and 04) F =$50.001 $100,000 G =$100.001 - $1.000.000 Ill =$1.000,001- $5.000.000 112 =More than $5.000.000 Value Codes J =S 15.000 or less K =$15.001 $50.000 L =$50.001. SI00.000 M =$100.001 $250.000 (Sec Columns Cl and 03) N =$250.001 - $500.000 0 =$500.00 I $1.000.000 Pl =Sl.000.00t - $5.000.000 P2 =$5.000.001 - $25.000.000 rj =S25.ooo.001. sso.000.000 P4 =More than $50.000.000 Value M thod Codi:s Q =Appraisal f{ =Co>t (Real Estate Only) S =Asscssmc.."flt T =Cash M::rkct (Sec Column C2) U =Hook Value V =Othi..T W =Estimated

, Name or Person Reporting Date or Report Page 5of6 Whitney, Frank D. VIII. ADDITIONAL INFORMATION OR EXPLANATIONS. (lndicatepartofreport) I. 6. Judicial Representative lo Board Legal Services of Southern Piedmont, Inc. (!RC 50l(c)(3)) 7. Council Member & Treasurer Government and Public Sector Section of the North Carolina Bar Association 8. Advisory Member North Carolina State Bar Ethics Committee 9. Committee Member Student Affairs Committee, UNC School of Law 10. Board Member May 20th Society (!RC 501(c)(3)) VII. Investments and Trusts Continued A Bl B2 Cl C2 DI D2 03 D4 18. - Standard & Poors DEP RCPTS (SPY) A Dividend L T 19. Estate #I (Decedent passed away 03/09; became administrator 3/23/09; estate closed 6/4/2010) 20. - Bank of America Estate Checking Ace A None D T Closed 6/4/2010

Page 6of6 Name or Penon Reporting Whitney, Fr.1nk D. Date or Report IX. CERTIFICATION. I certify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) is accurate, true, and complete to the best of my knowledge and belief, and that any information not reported was withheld because it met applicable statutory provisions permitting non-disclosure. I further certify that earned income from outside employment and honoraria and the acceptance of gifts which have been reported are in compliance with the provisions of 5 U.S.C. app. 50 I et. seq., 5 U.S.C. 7353, and Judicial Conference regulations. Signature: s/ Frank D. Whitney NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILFULLY FALSIFIES OR FAILS TO FILE THIS REPORT MAY BE SUBJECT TO CIVIL AND CRIMINAL SANCTIONS (5 U.S.C. app.!04) Committee on Financial Disclosure Administrative Offce of the United States Courts Suite 2-301 One Columbus Circle, N.E. Washington, D.C. 20544