In the district of Colorado, it seems it is permissible to lie to a federal Judge (to enhance their credibility) to secure search warrants. This is exactly what Denver FBI agent Kate E Funk did. (Click here for exhibits)
What did the Judges do? Absolutely nothing as they completely ignored the subject by never commenting on the issue raised. How could such an injustice be allowed to happen? Why is agent Funk above the law? Could it be because she is a FBI agent and in Colorado and there are a different set of laws for law enforcement? Or could it be her EX DOJ-prosecutor (T Markus Funk) husband’s vast influence in Colorado? Either way this just looks like corruption.
Digging deeper we ask how could any competent attorney not catch this? It seems William J Sears's attorney Fredrick Winocur of Ridley McGreevy & Winocur did not catch many things in representing his client. When Winocur gave Mr. Sears a copy of the purported affidavit application for the search warrants in his case. (Only AFTER Winocur advised him to sign a plea agreement.) He immediately noticed many factually incorrect statements coupled with flawed accounting opinions and assumptions. Opinions and assumptions referencing things such as GAAP and Revenue Recognition, along with many other accounting principles. This led Mr Sears (not his lawyer Mr Winocur) to immediately research the backround of Agent Funk. To his surprise Agent Funk lied about her college degree, the year she graduated and became a certified public accountant. (Click here) This was obviously done to enhance her credibility with the Judge to secure the search warrants. Otherwise why else would she lie? By doing this she violated Colorado State law by providing litigation support regarding a public company's finances and also committed a felony by lying to a Federal Judge. everyday citizens go to jail for this. (Click here).
Mr. Sears (once again not his lawyer Mr. Winocur) then called the court to get a certified copy of the affidavits and warrants. Federal rules of evidence require that a warrant and its accompanying affidavit must be brought back to and registered with the issuing magistrate Judge along with an inventory sheet of what was seized. How else to ensure authenticity of the affidavits contents and what was seized? Mr. Sears was informed by the clerk of the court that "There are No Warrants registered in this case Sealed or otherwise". The docket proves this to be true! (One can only imagine what would have happened or rather not happened if Mr. Winocur would have only made this simple phone call) We say Sealed or otherwise as up until the time Sears brought this fact to the courts attention in a later filing, the Prosecution and the Judges in their responses (Example- when Mr Sears attempted to withdraw his plea) they referred to the warrants and affidavits as sealed. Much like Agents Funks’ blatant disregard for the truth the Judges in this case completely ignore the subject of the nonexistent or Sealed as they claimed warrants in their responses and opinions. They were only referred to as the search warrants and affidavit.
In an attempt to undo the catastrophic damage caused by the Federal Courts blatant indifference to the violations of Mr. Sears 4th and 14th amendment rights. Mr. Sears seeks Justice in the United Sates Supreme Court.