In the 10th District of Colorado it seems it is permissible for law enforcement to lie to a Federal Judge (to enhance their credibility) in order to secure search warrants. This is exactly what Special Agent Kate E Funk of Denver Colorado did.
A Violation of the 4th Amendment occurs when:
"LAW ENFORCEMENT KNOWINGLY OR WITH RECKLESS DISREGARD INCLUDE FALSE STATEMENTS IN AFFADAVITS THAT FORM THE BASIS FOR THE ISSUANCE OF WARRANTS."
Funks sworn affidavit states, "I received an Accounting Degree from the University of Kansas in 1995" and "became a Certified Public Accountant in 1996 thru the State of Kansas". Her sworn statement contains four materially misleading facts. First Agent Funk DID NOT graduate from the University of Kansas with an accounting degree. Her degree was in business. Second, she did not graduate in 1995, instead 1996. Moreover, she did not become a CPA in 1996 through the state of Kansas. Nor has she ever been licensed or permitted to practice as such. It's clear that Special Agent Kate Funk was trying to enhance her credibility to obtain search warrants. If not, why would she lie? Why not be truthful? (See Exhibits)
William J Sears of Denver Colorado raised this issue amongst other violations seeking relief with the courts. The Judge in this case went thru tremendous mental gymnastics to justify Funks actions. Completely ignoring the specific arguments raised. Thus, allowing her to escape prosecution. Why is Agent Funk above the law? Could it be her Ex DOJ-Prosecutor (T Markus Funk) husbands vast influence in Colorado? Or is there a different set of rules for the FBI in Colorado?
Digging deeper we researched and asked how could any competent attorney not discover this? It seems William J Sears's attorney Fredrick Winocur of Ridley McGreevy & Winocur did not catch many things in representing his client. Only after Winocur advised Sears to sign a plea agreement did the Government provided Winocur with the purported affidavit application for the search warrants. This was some 2.5 years after the warrants were issued. Sears immediately noticed many factually incorrect statements coupled with flawed accounting opinions and assumptions. Opinions and assumptions referencing things such as GAAP, Revenue Recognition, Share Holder Equity along with many other forensic accounting principals. This lead Sears (Not his lawyer Winocur) to immediately research Agent Funks background. To his shock he discovered that Funk lied about her degree type and the year of graduation. In addition Funk lied about becoming a certified public accountant. Clearly done to enhance her credibility to satisfy the probable cause threshold to obtain the search warrants. One exhibit provided here is an affadavit of Steven R. Anderson, CPA , JD, a certified public account and attorney to whom represents accountants, accounting firms and others in Colorado. After reviewing Funks affadavit in support for the search warrant, he came to the same conclusion, stating that "Clearly Ms. Funk wanted the Court and others to rely on her statements in her affadavit as if they were provided by a CPA." In addition by providing litigation support and opining on a public company's finances Funk violated Colorado and Kansas State Law. Most people go to prison for this type of offense. Unless that is your an FBI agent and married to T Markus Funk. (See Exhibits)
Once again Sears (not his lawyer Winocur) then called the clerk of the court to obtain certified copy's of the affidavits and warrants. Federal rules of evidence state that a warrant and its accompanying affidavit must be returned to the issuing magistrate Judge along with the inventory sheet of what was sized for registration. How else can one ensure the authenticity of what was said and what was siezed? Sears was shocked again when he was informed by the courts clerk that there were NO affidavits or warrants registered in his case. Sears then obtained Docket sheets to confirm this as the docket shows it to be true. One can only imagine what would have happened or rather NOT HAPPENED if Winocur would have only looked to the internet or made the simple call that Sears did. How does any attorney advise his client to sign a plea agreement without reviewing the evidence? (Winocur should hang his head in shame for his dismal representation). When Sears brought all this to Winocurs attention he promptly resigned. Sears then attempted to withdraw his plea not once but twice. Only to be denied the right to trial. Sears then packaged all this evidence in a new motion to the courts. However just like Agents Funks perjury and Fraud, the Judges completely ignored the missing warrants and affadavits in their responses and opinions.
It would seem that in the State of Colorado, Perjury (4th amendment violation), Material Misrepresentation (14th amendment violation), Search warrants that dont exist (4th amendment violation) and Complete and total failure of effective assistance of counsel (6th amendment violation) is permissible.
All in the name of gaining a conviction!
This case represents everything that is wrong with our system. When law enforcement can trample all over constitutional rights with no repercussions, it makes for a very dangerous environment for everyday citizens.
(Click here for Sears's motion to the court along with exhibits)
all the exhibits and cover sheets from the letter to senators should be included. Along with the motion for reconsideration to the 10th district.