In the 10th District of Colorado it seems it's permissible to lie to a Federal Judge (commit blatant perjury to enhance their credibility) in order to secure search warrants. This is exactly what Denver FBI Agent Kate Funk did.
Actually the attorneys missed many things in this case. When the defendant was given the purported affidavit application for the search warrant in his case, (up until that point he was told by his lawyers the affidavit and the warrant(s) were sealed) he immediately realized many factually incorrect statements along with flawed accounting opinions and assumptions. This led HIM to (Not his lawyers) immediately research the background of Agent Funk. Not only did she commit perjury about her Degree Type and the year she Graduated College to enhance her credibility with the Judge. She also violated 2 different States Laws in providing litigation support by opining on accounting principals involving a public company's finances.
He then noticed there were no registration numbers on the top of the purported affidavit. So as his right is to do so he contacted the courts to get a CERTIFIED COPYS of the supposed affidavits and search warrants (there were 3 issued in this case.) To his shock he was informed that "There are NO WARRANTS sealed or otherwise registered in his case!" The Court Docket also shows this to be true. FEDERAL RULES OF EVIDENCE require that after a warrant has been served, it is to be returned to the issuing Magistrate Judge for registration with the court along with an inventory sheet of what was sized. Even the Judge in this case referred to the warrants and affidavits as sealed......until the defendant raised the claim THEY DONT EXIST-that is!
Once again the defendant discovered all this on his own, not his attorneys! When he brought all this and more to his attorneys attention they promptly removed themselves in saying "We now have a conflict of interest".
CLICK THE BUTTON to download the motions filed by the defendant in an attempt to undo the catastrophic damage caused and the 10th Districts blatant indifference to the violations of the defendants rights.
This case represents everything that is wrong with our Justice System!