Colorado Corruption

Lies & Fraud?

How Did This Happen?

An inexperienced agent with false credentials screwed up an investigation. The DOJ and SEC put out all sorts of media. When they realized what it really was, they just steam rolled Dittman and Sears. Their false story became reality for Sears and Dittman.

Now the two are in prison because the government screwed up and did a brilliant job of covering up and steam rolling the two. Those are the facts and they are indisputable! William Sears is serving 8 years and has contracted Covid-19 twice. He little to no access to an attorney and not access to resources to file motions, resources like the ability to tye or access to a law library. 

I'll start from the beginning.

My name is William Sears and this is the REAL Story of how and who was responsible for the fall of FusionPharm, a publicly traded company.

It all started when Scott Dittman, CEO of Fusionpharm, fired a former consultant named Chris Haddad in the fall of 2013, on what was to be Mr. Haddad’s first day of work as a Fusionpharm employee (Mr. Haddad didn’t show up for work). Haddad, bitter about being fired, then called the SEC to say that FusionPharm was lying to investors and selling a non-plug and play unit that didn’t work. The SEC gave the case over to the DOJ and the DOJ gave it to Special Agent Kate Funk. Funk had barely been with the bureau 4 years counting initial hire date and training. Recognizing Funk had also taken maternity leave, one can ask how much real training and or experience did she have? Answer is very little! Just because she is married to the esteemed T Markus Funk does not mean she has the slightest idea about equities and their markets

When Justice Fails

More Coverups & Lies

In one of my proffer sessions, after I was white boarding how the transfer agent was able to legally issue securities without a restrictive legend with regard to percentages of holdings, Agent Funk kept interrupting with the most simplistic and mind-boggling questions. I finally had to say “You should just stop now and listen because you’re really embarrassing yourself.” That’s when Ken Harmon, the AUSA in charge of the FusionPharm case, called for a break. I heard him whisper that Agent Funk had ‘Private Benjamin Disease’ to my then attorney. I found out later that Private Benjamin was a movie. It was a bit before my time so I had to ask what the reference was. A well to do woman enlists in the Army and soon finds herself in way over her head and no clue what to do.

The Web Of Deceit

Firstly, to properly understand we will start with the SEC as this is where the investigation began.

The Securities and Exchange Commission Federal Regulations under: 17 CFR § 210.2-01 - Qualifications of accountants

(a) The Commission will not recognize any person as a certified public accountant who is not duly registered and in good standing as such under the laws of the place of his residence or principal office. The Commission will not recognize any person as a public accountant who is not in good standing and entitled to practice as such under the laws of the place of his residence or principal office.

(b) The Commission will not recognize an accountant as independent, with respect to an audit client, if the accountant is not, or a reasonable investor with knowledge of all relevant facts and circumstances would conclude that the accountant is not, capable of exercising objective and impartial judgment on all issues encompassed within the accountant's engagement. In determining whether an accountant is independent, the Commission will consider all relevant circumstances, including all relationships between the accountant and the audit client, and not just those relating to reports filed.

Now that we understand what is required to even be recognized as a Certified Public Accountant as far as the SEC is concerned. As I will prove below Agent Funk clearly does not remotely meet the criteria for the Securities and Exchange Commission to recognize her as a Certified Public Accountant. Much less handing over a complex securities case like this is inconceivable. This lends to the question as to how the SEC passed this along to her in the first place? The commissions sole purpose is to protect investors. They have a duty to make sure investigators are properly vetted and accredited. Due to the SEC’s dereliction of duties, Agent Funk has cost the investing public millions of dollars. Maybe tens of millions.

Agent Funk is not a CERTIFIED PUBLIC ACCOUNTANT as defined by the AICPA or the State of Colorado. Though Special Agent Funk did receive her certificate in Kansas in 1999, as Kansas is a 2-tier state (please pay attention to number 11) a certificate is not a permit/license as defined by the AICPA and is not recognized as such by either the Colorado or Kansas Boards of Accountancy, or the AICPA. The difference is explained in
Exhibit 1 Exibit 1A and Exhibit 2.

Mrs. Funk has no record of participating in any of the CPE required by the AICPA since her 1999 certificate was actually received. (Please note again that in one affidavit she claims she became a CERTIFIED PUBLIC ACCOUNTANT in 1995. The other in 1996.

A quick calculation shows to be 800 hours of CPE. She has not had one!  Exhibit 13

‘To become a Certified Public Accountant in Kansas, it requires not only the issuance of a certificate but also requires a permit (license) to practice and use the term Certified Public Accountant. In order to obtain a permit (license) it requires continuing education of 80 hours biannually, and verified work experience supervised by a Certified Public Accountant for 2 years!   Mrs. Funk did neither the continuing education nor obtain the work experience and she is not and has never been a CERTIFIED PUBLIC ACCOUNTANT.

Exhibit 3

A records check was performed with the state of Kansas Board of Accountancy and the American Institute Certified Public Accountants (AICPA) [3] websites to verify that Special Agent Kate Funk did not possess the required credentials to claim to be a Certified Public Accountant for use in the capacity she is currently using.

After attempting to verify these statements provided by Special Agent Kate Funk regarding her status as a Certified Public Accountant, there was no record supporting her claims. I found that Special Agent Kate Funk holds no permit to practice. Nor to use the title of Certified Public Accountant in the capacity that she is holding herself out to, as was in her sworn affidavit presented to the court. Exhibit 4

A background check of Kate Funk confirms she is the same person as Kate Egan, certificate holder (but not licensed CPA) on the Kansas board of Accountancy website. Exhibit 5

A check was performed on the University of Kansas alumni website in an effort to compare the information provided by Special Agent Kate Funk to Kate Egan, it showed that the years of graduation did not match the information submitted on her affidavits.


A records check was performed on both the Kansas Board of Accountancy and the AICPA (Association of International Certified Public Accountants) and DORA (Department of Regulatory Agency in Colorado) show that Kate Funk/Egan has never been a CPA.

Exhibit 8       Exhibit 9

The above information and their exhibits make it abundantly clear that agent Funk is not a CERTIFIED PUBLIC ACCOUNTANT! Kate Funk/Egan is not permitted to use the title Certified Public Accountant in the State of Colorado or any of the other 48 other states that allow for the uniform licensing and testing standards for a Certified Public Accountant under the rules of the AICPA.

Further, Kate Funk/Egan does not have the right to use the title of CERTIFIED PUBLIC ACCOUNTANT in the state of Kansas, where she claims to be or in any State of the Union for any legal, litigation support or attest services.  Those rights are reserved dually registered and fully accredited CERTIFIED PUBLIC ACCOUNTANTS and not certificate only holders like Agent Funk. As Special Agent Kate Funk is only certified to provide accounting services such as bookkeeping and tax preparation ONLY, she is NOT licensed or permitted to practice Certified Public Accounting or to utilize the title of Certified Public Accountant to do so.

Exhibit 7   Exhibit 10 

In her affidavits she states she has analyzed and opined on things such as revenue recognition, GAAP and reporting standards. FusionPharm was a publicly traded company with complex business dealings. She was opining on things that only the most seasoned of CERTIFIED PUBLIC ACCOUNTANTSs could do. As such, what she has done would be comparable to a paralegal stating she is a licensed and practicing attorney who is then allowed to provide legal opinions to the court. That analogy truly hits at the core of the issue here. Not only would this be so outrageous as to shock the conscious of the court and would be a violation of public trust, as not only is it unethical but also illegal.     Exhibit 11    

Under K.S.A. 1-316(e) it states the following,

It is unlawful for any person, except the holder of a Kansas permit to practice or practice privilege pursuant to K.S.A. 1-322, and amendments thereto, or a valid Kansas firm registration, to issue a report with regard to any attest or compilation service under standards adopted by the board.” (Remember She’s not in Kansas.)

Under KS Stat § 1-321. Definitions – it defines “Report” as follows:  

When used with reference to any attest or compilation service, means an opinion, report or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use, by the issuer of the report, of names or titles indicating that the person or firm is an accountant or auditor or from the language of the report itself. The term report includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence.”

Exhibit 12 Affidavit Pages    Exhibit 13 {MOORE VS CALIFORNIA STATE BOARD}

Agent Funk clearly violates Colorado Statute 12-2-129 which states:

12-2-129. Unauthorized practice - penalties. Any person who violates section 12-2-115 or 12- 2-120 (6)(a) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501,C.R.S.,for the first offense, and, for the second or any subsequent offense, the person commits a class 6 felony and shall be punished as provided in section 18-1.3- 401,C.R.S. 

The opinion letter authored by Mr. Steven Anderson to whom is a very well-known and respected Lawyer in Denver Colorado really sums it up. Mr. Anderson also is a licensed Certified Public Accountant since 1984. He is inactive as an accountant at this time. 

Exhibit 15

More than 2 years after being forced to plead guilty in the FusionPharm case to avoid the risk of an enormously long sentence, (Why take the plea at that time I am asked? Well they would not let us plea separately and to quote a lawyer of mine “their story is better than your truth). I would discover that the reason Agent funk knew so little is that Kate Elizabeth Funk (maiden name Egan), an FBI agent in the Denver, Colorado field office has been knowingly and fraudulently acting as a CERTIFIED PUBLIC ACCOUNTANT in the state of Colorado for at least 9 years. Mrs. Funk has, on numerous occasions, identified herself as a Certified Public Accountant when preparing affidavits for search warrants as well as in testimony at trial, including numerous times during the FusionPharm case alone.

There were two affidavits she submitted in the FusionPharm case.  (Really three we still not have never seen the third one!) The second was Six months after she stormed the gates of FusionPharms offices, alleging a new variety of nefarious conduct that would prove to be untrue.  The original theory was that FusionPharm was a Ponzi scheme selling marijuana and putting it on the books as revenue. If you look back the government has slowly turned the PR machine to reflect a different story.  It’s Funks lack of understanding of accounting and securities and her lies to the court that she was a CPA and therefore capable of drawing conclusions in her affidavit are the direct reason.  An actual CPA and/or a more experienced investigator would not have come to the errant conclusions that Mrs. Funk did.

Exhibit 12 Affidavit Pages  &  Exhibit 12a Affidavit Review

Now Let us look up T Markus Funk. Cross reference some poignant dates like their marriage (2009), his retirement from the DOJ in Chicago and joining Perkins Coie in Denver (2010). Then her joining the FBI (using her maiden name?) and being assigned to Denver (2010). Her acceptance and employment run concurrently with his employment with the DOJ in Chicago/acceptance to Perkins Coie. The FBI goes back 10 years in performing background checks. Having the CERTIFIED PUBLIC ACCOUNTANT in your title gives significant pay increase and less initial training. As a bonus the successful candidate gets to pick the city of their assignment. The date misrepresentation is not so confusing now.  What is also concerning is she was initially hired and gone through the academy and picked her assignment city whilst he was still employed with the DOJ. (Different last names though, so who looks?) They were married for a year now during this process. EXIBIT 16   EXHIBIT 17

As previously stated, the issue had come to light as part of an investigation into a criminal case brought against myself and others by the FBI, under the direction of Mrs. Funk. In my case, as in many others, Mrs. Funk has identified herself to the court in Colorado and elsewhere as a "Kansas Certified Public Accountant" while making broad and mostly inaccurate statements and conclusions about accounting matters based on her knowledge and experience being a Certified Public Accountant. Now we know the Securities and Exchange Commission does not recognize individuals like agent Funk. We have now confirmed that she has no accreditations, certificates, permits or licenses in Colorado. NONE! In addition, there is no reciprocity.  If she was held to the same standard as the rest of us, she would already be incarcerated. The most telling piece was only after Sears brought this to the courts attention did Agent Funk suddenly decide that after 20 years she should up date her name address marital status and employment on her certificate.

Exhibit 17a

Agent Funks theory of the case was that the entire FusionPharm business was a Ponzi scheme. Christopher Haddad (CW1) repeatedly lied about the business of FusionPharm being to “grow weed and sell it”.  She bought it and then she actually sold this theory to the DOJ and the SEC. The DOJ and the SEC went all in. The AUSA in charge Kenneth Harmon even suggested after the raid to both William Sears’s and Scott Dittman’s lawyers that they turn themselves in, as they know the company never sold a unit. (an idea that could have been easily dis-proven by even simply following up on company press releases detailing sales to Canadian customers that had crossed the border and cleared US customs on their way to Canada in 2013, months before the FBI raid of the company.)

At this point the government now knew Funk had screwed up royally. The raid showed no marijuana nor traces of such anywhere. Just people running around building Pods as both warehouses were filled with units being finished for delivery to a customer.  Funk had gotten it all wrong was an understatement. All wrong and everyone was watching! They made large and very inaccurate statements about the company and individuals to the investing public and the world.

After the raid, FusionPharm went and hired an investigator (EX FBI agent) to authenticate the sales. The investigator went and called every customer that ever received a Pharm Pod unit. They compiled pictures, build sheets, payment receipts, bills of lading, customs documents, etc. This was a 6” binder filled with proof. FusionPharm CEO Scott Dittman’s lawyer sent a cover letter with this binder. Basically, he’s asking Harmon to explain why he said there were no real sales.  Exhibit 18

Then came Mr. Frederick M Lehrer. Fred Lehrer was an EX Special prosecutor for the DOJ in Miami back in the 90s. William Sears hired Fred Lehrer in August 2013. Prior to this meeting Sears had sent everything about the promissory notes to Lehrer. Sears sought out someone with Lehrer’s background as FusionPharms previous attorney, Guy Jeanne Pierre, had come under investigation by the SEC.  Sears wanted to make sure there weren’t any problems with the advice Mr. Jeanne Pierre had given him or FusionPharm. Lehrer was sought for the soul purpose of navigating him and his family thru the regulatory process of getting the financial instruments ready to trade. FusionPharm would also hire Mr. Lehrer to be their securities counsel following the termination of Mr. Jeanne Pierre.  Sears disclosed and explained in great detail about his daily operations and dealings with FusionPharm in that initial meeting. Mr. Lehrer took copious notes. Sears would go thru this exercise numerous times again in the future. Lehrer separately met with Mr. Dittman about the work Mr. Jeanne Pierre had done for FusionPharm.

Sears hired Mr. Lehrer because of his credentials, track record and status as an ex SEC prosecutor and ex AUSA with the DOJ who had been an instrumental part of a large 4-year securities task force in South Florida in the 1990’s. Probably the biggest sting operation known.

Who better than an EX- DOJ special prosecutor to protect you? 

Yeah……………………… Thats what I thought…

With the help of a Florida Forensic Securities Lawyer and specialist  who was a whistle-blower to the Securities & Exchange Commission in the case entitled Securities and Exchange Commission v. Guy M. Jean-Pierre, a/k/a Marcelo Dominguez de Guerra, Civil Action No. 12-cv-8886,  I  uncovered many disturbing things that can only be deemed as Corruption on the part of Mr. Lehrer. The case can be found at the links below:

In that case Jean-Pierre forged more than 100 legal opinions that were used to remove the restrictive legend from millions of shares of penny stock companies. Through discovery in a related case, The specialists firm obtained the forged opinions. The referral to the Florida Bar of that matter resulted in the Florida Supreme court disbarring Mr. Jean-Pierre. (Please note Jean Pierre was never criminally charged. What?) In connection with that case Jean Pierre provided a letter from Scott Dittman, in his capacity as the Chief Executive Officer of Fusion Pharm Inc. (“FSPM”) in defense of the allegations. At that time, Jean Pierre was a corporate officer of FSPM. The Specialist involvement in that matter resulted in a civil suit and bar complaint against the securities specialist by Jean-Pierre and his client, Marc Jablon. The securities specialist spent more than two years and thousands of unpaid hours because they were retaliated against for stating that the conduct of Jean-Pierre and his associates was illegal. During that period, the specialist was represented by Frederick M. Lehrer. Lehrer assisted them in drafting the documents in all aspects referring the matter to the Florida Bar, SEC and FBI vs Mr. Jeanne Pierre. As a result of the retaliation the securities specialist endured, they became a witness for the Securities & Exchange Commission (the “SEC”) in the penalty phase of that proceeding against Marc Jablon. They have not had meaningful communications with Lehrer since 2013.

The Forensic securities specialist then became aware of what they believed to be egregious misconduct by the Colorado Office of the SEC. In approximately 2014, the Colorado SEC commenced an investigation of FSPM. The SEC’s news release about FSPM is below:

In connection with FSPM, Sears and Dittman were indicted by the US Attorney’s Office in Colorado.  This, taken from the SEC’s press release was then and remained forever untrue, neither myself or Mr. Dittman were ever in this case.

When The specialist met William Sears and Scott Dittman and learned of Lehrer’s involvement in FSPM, they were shocked to learn of Lehrer’s conflicts of interest in connection with FSPM.  The specialist then contacted Sears and Mr. Dittman to make them aware of Mr. Lehrer’s familiarity with Mr. Jeanne Pierre and his conflicts of interest with Mr. Jeanne Pierre in this case.  They also made Sears and Mr. Dittman aware of Mr. Lehrers conflicts of interest with AUSA Harmon, who was in charge of the investigation/prosecution.   Per the specialist, Mr. Lehrer and Mr. Harmon were 2 of 4 attorneys who constituted the special task force for securities fraud in South Florida in the 1990s (referred to above).  In fact, Mr. Harmon and Mr. Lehrer worked side by side for 4 years and remained close friends to this day. This conflict of interest was never disclosed in this case by Mr. Harmon, who should have recused himself from the case as soon as Mr. Lehrers involvement was known.  Unfortunately, he did not.

Despite the conflict of interest and without disclosing his conflict, Lehrer commenced representing FSPM, Dittman and Sears within a few months after representing the specialist in the Guy Jeanne Pierre matter. Lehrer continued to represent FSPM until the middle of 2014, approximately two months after the SEC investigation commenced. Pursuant to a Formal Order of Investigation dated January 29, 2015, Lehrer was asked to submit to a deposition concerning FSPM, Dittman and Sears. Prior to his testimony, Lehrer requested that Dittman and Sears waived the attorney client privilege, which they did without any knowledge of Mr. Lehrer’s prior involvement with Guy Jeanne Pierre or Kenneth Harmon.

Lehrer provided sworn testimony on January 29, 2015 and May 29, 2015. In that testimony, Lehrer lied repeatedly. Among other things, Lehrer falsely stated that he learned about Jean Pierres OTC Markets ban, a ban he himself brought about, from ‘Google searches’ after the SEC investigation of FusionPharm began.   He was largely responsible for the OTC Markets ban as a result of his representation of specialist in connection with referrals to the SEC, FBI and Florida Bar!

Secondly, Lehrer lied in stating that he had no knowledge of Sears relationship with Dittman or Sears family involvement in FusionPharm. Even more troubling is that Lehrer’ conduct makes the waiver of the privilege given by Dittman and Sears ineffective because they were not provided with disclosure of Lehrers egregious conflict of interest and role in reporting a corporate officer of FSPM. Because of this non- disclosure, Sears and Dittman could not have made an informed decision of whether to waive the attorney client privilege allowing Lehrer to testify against them.

Despite this, Denver SEC enforcement attorneys, Ian Karpel and Kim Greer allowed Lehrer to testify as to matters that were subject to the attorney client privilege. Dittman and Sears would never have waived the attorney client privilege if they knew that (i) Lehrer had participated in reporting Jean-Pierre, a corporate officer of FSPM to the FBI and SEC, and (ii) Kenneth Harmon had worked with Lehrer for years and was his supervisor. Greer and Karpel were aware of these conflicts and took no steps to ensure the integrity of Lehrers testimony to the SEC.

Karpel and Greers questioning of Lehrer during his testimony reflects they were aware of the specialists relationship with Lehrer – that he worked with the specialists law firm. The NY SEC action also references the bar complaints the specialist filed. Despite this, Karpel and Greer never contacted the specialist for information about Guy Jean-Pierre, Lehrer or their investigation. Greer and Carpels knowledge of many of the conflicts is demonstrated by Lehrers own SEC testimony.

Further, the DOJ who would interview countless witnesses in the FusionPharm case and would ultimately bring charges against both Jeanne Pierre and Tod DiTomasso (another lawyer who worked with Jeanne Pierre and advised FusionPharm),


Ken Harmons friend and previous co-worker.   The SEC only interviewed one witness in this case, twice interviewing Fred Lehrer.  The SEC never interviewed another witness, attorney or otherwise.

Upon the specialists review of this matter, they found that Lehrer had provided multiple baseless legal opinions for Sears in regarding the trading of his FSPM stock. The only thing more shocking was they learned that Lehrer had even instructed Sears (in writing) to sign his name to legal opinions to remove the legend from restricted securities. This was due to his printer not working, as he explained in his email to Sears. Sears trusting Lehrer, as who better to protect him then an EX SEC enforcement attorney? He did as instruct. If FSPM is a fraud as the SEC states then Lehrer was the gatekeeper allowing Sears to cut and paste legal opinions on his law firm.  Fact is Fred Lehrer cut and pasted Guy Jean Pierres legal opinions as they are almost exactly the same. Kim Greer of the SEC commented on this in Lehrers interview. According to the SEC’s press release based on Agent Funks Investigation, FSPM was a pump and dump (not that she would know what that really means) that resulted in investor losses of more than $12 million because of baseless legal opinions. The vast majority (more than $10million of the $12 million at issue with the SEC) of the sales of FSPM stock were only possible because of Lehrer's opinions.  In the most recent filing to Scott Dittm,ans lawyers Mr Jeremy Siebert say:”Still no investigation or even mention of Lehrer from the DOJ while all other attorneys in the case were prosecuted? Additionally, "Pump and dump" is when multiple (1-2 a week) press releases are made through a given period to stimulate volume in the stock price. Once volume and a target price are met shareholders will sell into the new volume. FSPM did 10 press releases in 4 years. This was in no way a pump and dump. During the investigation, no press release was ever questioned or at issue.  FusionPharms stock price followed the same exact trajectory as all the other marijuana index companies when amendment 64 passed in 2014. If anything, FusionPharm was critiqued by many investors for not putting out any PR/News.  Exhibit 19

In 2017 the specialist, provided Mr. Karpel and Ms. Greer with evidence demonstrating that Lehrer lied multiple times under oath in connection with their investigation. they advised them that the specialist had declarations and other evidence of Lehrer that contradict his SEC testimony. Along with emails from Sears that directly refuted much of his SEC testimony. One example was an email communication whereas Lehrer advised Scott Dittman and Craig Dudley (FusionPharms CFO) that disclosing William Sears was not necessary. Craig Dudley confirms this in his FBI 302 interview.      The specialist also advised them that Lehrer had told William Sears to sign his name to a legal opinion. After receipt of this information, Ms. Greer and Mr. Karpel did not investigate. EXHIBIT 20 EXHIBIT 21.  Exhibit 22 

Instead Greer contacted Jeff Thomas an attorney of Scott Dittman      

It went like this: 

"Kim called to let me know that they received a call from XXXXXXXXXXXXX, who detailed some of her knowledge about Fred Lehrer. I pressed Kim as to what this meant in terms of their case, and she made it clear that it didn't mean anything. Because their case is technically still open, she just believed that she had an obligation to inform me of the call."

Greer violated SEC policy by disclosing confidential SEC information to a private attorney. Her motive is clear and she did this to silence the specialist as a whistle- blower against Lehrer. Greer indicated that their refusal to investigate Lehrer was because of Mr. Harmon.

Further, when Harmon learned the specialist had provided exonerating information about Lehrer to Sears and Dittman and to the FBI as a whistle- blower, Harmon retaliated against Sears and the specialist. Instead of encouraging whistle- blowers to come forward when they learn of information relevant to investigations, Harmon, Karpel and Greer retaliated against the specialist and Sears and sought to discourage them from providing information and him from speaking to the specialist.

While the SECs revolving door ignored Lehrer, the SEC charged another attorney, Todd D Tommaso for his legal opinions. The action against him can be found at this link:

Sears had put together a chart whereas it could be shown as Mr. D Tomasso also committed perjury in his interview with the SEC.
 Exhibit 24 

Conviction of Mr. Jeanne Pierre in the Fusionpharm case can be found at this link:

Karpel then crafted press releases for dissemination to the public that he knew to be false. In fact, if Karpel and Greer were held to the same standard as Dittman and Sears, they would be charged with wire fraud in connection with the release.

The specialist even went to the extent to send a letter to Matt Kirsch at the Denver DOJ’ office. At that time Matt Kirsch, the First Assistant United States Attorney was the second in command below US Attorney Bob Troyer. This too was ignored and swept under the rug. Despite that Lehrer opinions were baseless and merely cut and pasted from previous Tod D Tomasso opinions and caused greater investor losses and his conduct was more egregious, the Denver SEC/DOJ would never charge Lehrer. For the reasons above, Karpel and Greer of the SEC should be investigated by the Inspector General. Along with Kate Funk of the FBI and AUSA Jeremy Siebert & former AUSA Ken Harmon of the Denver US Attorney office. They should ALL be facing criminal charges. Exhibit 25

Sears, the specialist and the company have many supporting documents that evidences all of the above to support the allegations of corruption, misconduct and waste contained herein.

To sum this up: 

An inexperienced agent with false credentials and a famous spouse royally screwed up an investigation. The DOJ and SEC put out all sorts of media with their big bust. When they realized that FusionPharm was, in fact, an actual operating company and Sears was the sales arm through Meadpoint, they started to swing from vine to vine until they could find a crime to prosecute.

Now The government asserts that it was a phony convertible promissory note and a conspiracy to not disclose William Sears and no one knew of his involvement. It was all a big stock scam. Phony note the government says? Rubbish! Every deposit was made on the date that was represented and evidenced as the date. Money was real and it was deposited in when it was represented to. Round tripping, they say? Lawyers (all 3) represented to Dittman and Sears that as long as the money was used for purchase of equipment it was ok. It cannot be used it for operations. That would be illegal. This is all well documented also.

If such a scam existed why did Sears let FusionPharm pay off the debt owed his family company in March of 2014 when he could have taken another 8 million shares of stock? If it was such a stock scam why would Sears take $46,000.00 instead of converting the rest of the note and cashing in for another $20million plus? Regarding the disclosure of William Sears. As evidenced in EXHIBIT 20, Mr. Fred Lehrer FusionPharms attorney advised all that Sears personally did not rise to the level of reporting in the financials. The naming of the entity was sufficient. This was the same advice provided by Jeanne Pierre and D Tomasso previously.  The companies being named was enough. In addition, it was well known publicly to whom William Sears was and the extent of his involvement with FusionPharm. This is only one example in exhibit 26.  Exhibit 26

Fusionpharm failed because an inexperienced, incompetent, overzealous newbie agent saw a few names and thought she had a slam dunk. She was wrong, dead wrong!

Then the SEC, DOJ, FBI knowingly Let Fred Lehrer commit perjury to cover their ass and give them something to hang their hats on.

As mentioned before all 3 lawyers involved in the case (Jeanne Pierre, DiTomasso and Lehrer) wrote letters of opinion for Sears to sell his FSPM stock. They all advised FSPM that he did not need to be disclosed. Only 1 lawyer has been shielded from prosecution.

Only one Lawyer does not even have an FBI 302…the one who wrote letters of opinion that gave access to over 12 million dollars of stock sale proceeds and not even a mention of him anywhere in the press or news. No 302? Not interviewed by the FBI? He was a friend of the prosecutor who lied blatantly and gave the DOJ a way to salvage a case against Sears, Dittman and the others. The obviously very special to the government Mr. Fred Lehrer.

Now the Government has wrapped it up with a bow and tied it around Guy Jean Pierre’s neck. In that case Sears would testify as to how Fred Lehrer was the catalyst as his attorney to be able to trade over ten million of the twelve million dollars reportedly realized. Exhibit 27 


The governments new false story became reality for Sears and Dittman. Now the two are facing prison because the Special Agent Kate E Funk epically screwed up, their lawyer lied, the Government knows it and covered it all up.


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