The FBI Denver Fraud case has taken another step. After successfully filing with the higher court the defendant has been granted the opportunity to apply to present his case through an evidentiary hearing. This would bring to light that which the lower court has denied the defendant.
Although there is much more to this case, we will focus on just the warrant that was obtained under false pretenses, under oath, by the FBI Agent Kate Funk. The defendant maintains his innocence for all charges, the warrant being obtained illegally should stop this persecution and right this wrong.
When is it acceptable for law enforcement to lie to obtain a search warrant and then perpetuate the lies, only to get a career advancing arrest. Should an FBI agent who is the spouse of a high level persecutor, who is responsible for taking down some very bad mob related people, be given the latitude to break the law just to advance her career. This goes on more that we hear because the information is suppressed.
How many cases of Kate Funk FBI agent were based of lies and fraud? Where there is fire there is smoke. Today the FBI has come under scrutiny for their behavior , some of the criticism is certainly "justified".
Innocent Unless Deemed Guilty For Your Career IS NOT WHAT THE LAW STATES. Innocent until PROVEN guilty is what we are supposed to hold our government to.
Here are some articles pertaining to false testimony by law enforcement when acquiring a warrant https://www.nolo.com/legal-encyclopedia/searches-and-improperly-issued-warrants.html
In a complaint filed with the Inspector General, citing Fraud, Waste, Abuse and corruption, Special Agent Kate E. Funk, was shown to be Committing Perjury and Fraud. The complaint claims, and exhibits show, that Kate E Funk of the Denver FBI office, lied about her College Degree, Year of her Graduation, and about Being a Certified Public Accountant, in order to secure a Search and Seizure Warrant. In an attempt to obtain a certified copy of the search and seizure warrant, the court explained, that there are no search and seizure warrants in this case. We then asked if they were under seal. There are no search and seizure warrants registered with the court, period. We then reviewed the federal rules of evidence and procedure. Once served, the warrant is to be brought back to the issuing Magistrate Judge for registration, along with an inventory sheet as to what was seized. This never happened! Is this just incompetence? Or is there something more then just her false background in there? It would seem the DOJ must be aware of this. Why has nothing been done?
Here is a link to the PDF of the letter and exhibits
Below is the text from a letter that was sent to the Inspector General of The United States.
Inspector General
Attention: Waste Fraud Abuse/ Whistle Blower Dept..
I would like to file a complaint citing WASTE, FRAUD, ABUSE and CORRUPTION. Enclosed are documents that show Special Agent Kate E Funk of the Denver FBI office, wife of star EX-DOJ prosecutor T Markus Funk, seems to have been defrauding the Federal Government and the Courts. The tax payer unknowingly funds this scheme. Kate Funk was able to secure governmental employment by claiming specialized degrees and credentials. She testifies to this many times over her 12 year career. The exhibits show she clearly does not posses said degree nor credentials. Curiously enough her husband was still employed with the Federal prosecutors office at the inception of this scheme. Perhaps this is why the FBI never checked the authenticity of her claims. Perhaps this is also why the DOJ has yet to prosecute her. This all came to light when she was assigned to a securities fraud investigation that she was in no way qualified to investigate.
Special Agent Kate E Funk preformed a Forensic Analysis of public company's complex finances and financial reports. She then created a report and opined [EXHIBIT- ] on things such as GAAP, Revenue Recognition and attempts to " Follow The Money" as she titles it. Follow The Money, GAAP and Revenue Recognition is also how the FBI describes a Forensic Accountants duty as. [Exhibit- ] There is no doubt that Special Agent Kate E Funk was acting as a forensic accountant when she created her affidavit and submitted it to the court on May 15, 2014.
The FBI's web site defines the qualifications for Forensic Accountants [EXHIBIT- ]. In her affidavit in the first paragraph of her affidavit she claims to have these qualifications in stating that she Graduated Kansas State University with and Accounting Degree in 1995 and Became a certified Public Accountant in the State of Kansas in 1996 [EXHIBIT- ].
The facts are that Special Agent Kate Funk (Maiden name Egan) has NO SUCH Credentials! Kansas State University DOES NOT offer an accounting Degree nor did she graduate in 1995 [EXHIBIT- ]. In addition Agent Funk did not become a Certified Public Accountant in 1996 either. Facts are she was not and still is not a Certified Public Accountant.
What Agent Funk does have is a Certificate from the State of Kansas she received in 1999.
(The equivalence of taking an entrance exam.)
Kansas is a two tier state meaning that in Kansas, to become a Certified Public Accountant ("CPA"), one has to first obtain a CPA certificate and then in order to practice as a CPA ( perform or offer to perform accounting services as a CPA), a person MUST have the permit to practice. In order to obtain a permit to practice, one has to provide proof to the Kansas Board of Accountancy of the requisite EXPERENCE REQUIREMENT, complete a form, pay a fee, and then be subject to continuing education requirements in order to maintain the permit to practice. See email from Susan Somers, (Executive Director, Kansas Board of Accountancy,) attached as [EXHIBIT- ], Email from Justin Long (AICPA-Professional Ethics Division) [EXHIBIT- ] and Email from Aradhana Aggarwal (AIPCA-Manager Professional Ethics Division) [EXHIBIT- ] See also, KS Stat. 1-316(1).
Agent Funk has been residing in Colorado since 2009. Agent Funk has never been nor is she a CPA in Colorado or anywhere in the United States as CPA VERIFY.COM shows.[EXHIBIT- ] The email from DORA (The Department of Regulatory Agencies in Colorado) also proves this to be true. [EXHIBIT- ]. Colorado is NOT a two tier state and In order to hold oneself out in Colorado as a CPA (PREFORM ACCOUNTING SERVICES TO THE PUBLIC), one must obtain reciprocity and a license from the Board in Colorado. And, in order to satisfy those requirements, Agent Funk would have had to have one year qualified work experience, have a license, a permit to practice and attest to having completed all CPE required. In Colorado it is a class 6 Felony to use CPA designation when not authorized to do so. (S-12-2-129)
Agent Funk DID NOT - and - COULD NOT DO SO!!!
Agent Funk has neither the experience nor the skill - nor the qualifications as that of a CPA - to opine on those matters she defined in her affidavit. (SHE USE THE TERMS "KNOWLEDGE AND EXPERIENCE" 47 TIMES IN HER AFFADAVIT TO ENHANCE HER CREDIBILITY.) She did this to materially misrepresent and intentionally mislead a court. To say Agent Funk is a CPA is the equivalent of saying someone who took the MCAT is a doctor or someone who took the LSAT is a lawyer.
IT'S LUDICROUS! IT'S FRAUD! SHE MUST BE STOPPED!
Agent Funk committed Fraud, it's crystal clear. In 2017 Tonya Leshun Hall was sentenced to 6 months in Federal Prison for Lying to a federal Judge in the District of North Carolina.[EXHIBIT- ] Ms.Hall prepared an Affidavit opining on one parties finances. In her affidavit she represented to the court that she "graduated with an accounting degree and was a certified public accountant." It turns out just like Agent Funk Ms. Hall did not graduate with an accounting degree nor was she a Certified Public Accountant.
In that case the Court stated that Ms. Halls lies "MISLED" the court in its assessment, and that PRISON WAS NECCESSARY TO
"PROMOTE RESPECT FOR THE LAW" and important in maintaining the "TRUTHFULNESS" of the Justice System.
There is no difference in what Ms. Hall did -and was sentenced to 6 months in prison for and what Agent Funk did.
In addition when the Government secured a search and seizure warrant ( Based on Agents Funks perjury's ) on May 15th 2014. Federal rules of evidence state that a search and seizure warrant once served must be returned to the issuing Magistrate Judge with an inventory sheet of what was seized. The warrant that was to also include the affidavit and inventory sheet, was NEVER returned to the Court for registration. The government lied countless times to defense attorneys saying that it was "Sealed". The prosecution and the Judge in this case as court documents show refer to it as a "sealed search warrant and affidavit". That was until the time that the court was called for a certified copy. The court said there are no search warrants sealed or otherwise in this case. The recent docket sheet shows this to also be true. There is NO WAY of verifying the Governments statements or the Validity and Credibility of the allegations. The copy that was produced and turned over to Defense counsel over 2.5 years later revealed an affidavit riddled with misstatements, flawed assumptions and falsities of fact. This is when the court was called for a certified copy as Federal rules of evidence guarantee. THERE IS NO SUCH WARRANT OR AFFADAVIT PERIOD.
In a time where the media plays us interviews and statements whereas our Government officials are shouting:
"NO ONE IS ABOVE THE LAW" it would seem Kate E Funk of the Denver FBI is!
Why are people of law enforcement not held to the same standard as the rest of us? Why is it seemingly ok for an FBI agent to commit Perjury and Fraud? Why is it ok for the Denver DOJ to do nothing as they have know about this Fraud for some time now? This is Waste of tax payer dollars, Fraud, Corruption and blatant abuse of authority.
Due to the drastic measures that the DOJ has taken to silence these crimes I am requesting "whistler blower" status and the protections that go along with it.