Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.
If the AUSA for the Southern District of New York - Preet Bhararas o was on to Guy Jean Pierre since 2012, they would have charged him. The Southern District of New York would not have taken a backseat to these trumped up charges in Colorado.
If Jean Pierre really forged over 100 opinions freeing up billions of shares of stock, how could they allow 5 years to go by and not charge him until after the statute of limitations had expired?
It just doesn't add up. The Southern District of NY was on to Jean Pierre in 2012 but he was not charged until 2017 in Colorado??
FINRA and the SEC shut down Jean Pierre and the brokerage firms that took Jean Pierre's opinions but the DOJ waited 5 years to catch on?
How is it possible Jean Pierre was disbarred 5 years before the Colorado DOJ caught on and charged him with the forgery of over 100 opinions?
Then there are the relationships between the AUSA in Colorado and the Miami FBI where Jean Pierre practiced law?
ANYONE HAVE A DORMANT CUSTODIANSHIP SHELL???
The link doesn't work. Do you have a link that works?
Your post is interesting particularly in light of the fact that Guy Jean-Pierre did not do any of the legal opinions. As I have said repeatedly, look beyond what the government is telling you in the FSPM case. The legal opinions speak for themselves.
What proof do you have of that other than what is in the indictment which is just an allegation by a biased AUSA who was the supervisor of the lawyer previously working at the DOJ who did the opinions that freed up most if not all the shares mentioned in the FSPM indictment. Take a good look at his other clients like AZFL and other dead tickers who are robbing investors. This isn't rocket science.
The FSPM lawyer did hundreds of opinions for multiple scam penny stocks - how many indictments does it take for you to connect the dots.
You might have a different perspective when you have all the information.
Could it really be a coincidence that the lawyer who freed up all the shares (that the government claimed robbed investors) worked for the AUSA in the case?? Wake up and Smell the Corruption.
Anyone got a shell?? LOL
William Sears has turned "Snitch" or "C.I." (Cooperating-Informant) to save his own neck. If you read this link. "Target 1" is William Sears and "Target 2" is Scott Dittman.
https://promotionstocksecrets.com/wp-content/uploads/2017/01/Jean-Pierre.pdf
It is obvious that this "LAWYER" wasn't "responsible" for FSPM (Dittman and Sears) committing fraud. If you read ALL the charging documents for Dittman, Sears and this lawyer named, "Guy Jean-Pierre", you will notice that the ASUA for the Southern District of New York - Preet Bhararas old office - was on to this guy since 2012.
FSPM (Dittman and Sears) started this fraud since before they bought the original company. It was their intention all along to defraud people out of their money by selling illegal stock. At some point, they needed a lawyer to cosign or vouch for the product (Pharm Pods) to make it seem legit. I'm pretty sure that Dittman and Sears sought out this "lawyer" Guy Jean-Pierre to help them continue the fraud and didn't know that he was being "watched" by the FBI, Justice dept and whomever else.
Look at this article:
https://www.sec.gov/litigation/litreleases/2015/lr23217.htm
And this:
https://www.sec.gov/litigation/admin/2015/34-75000.pdf
This guy was already in deep water BEFORE he was involved with FSPM dating back to 2012. I'm pretty sure he is not cooperating with the prosecution since he is looking to take his case to trial. I'm glad that this bit of information was provided though because it has been 9 months since Dittman pleaded guilty and 1 year since Sears pleaded guilty and neither of these guys are in jail yet.
I really don't see how a person can conclude that Dittman/Sears was just "following a lawyer's advice", when it is clear that they both started FSPM with the intention to commit fraud. They both pleaded GUILTY already, so there is no DOUBT about the crime that they committed. I will do more digging into this "GUY JEAN-PIERRE and post what I come across if I get more info.
It is a shame though that the ASUA Kenneth Harmon has NOT set a sentencing date for either Dittman or Sears. It looks like he is trying to keep all the cash and put it in some Jeff Sessions approved FBI Black hole or asset forfeiture while people like me have lost a significant amount of their savings and had my life ruined by this event. It is only 4 years spinning in the wind. These people could care less about regular folks.
Anyone know what this is about? It appears there are issues in the prosecution of at least one defendant in the FSPM case:
"The court anticipates and will give serious consideration to 1) an ends of justice motion by new counsel..."
https://www.docdroid.net/CNYI8jI/jean-pierre-order.pdf
Interesting pleadings in the case. The AUSA references 2 FBI agents. Anyone know if FBI Agent Number 2 was a lawyer who gave FSPM legal advice?
Troubling story here. You have a defendant who violates a technical crime under advise of counsel. The average person would defer to counsel then it turns out that a COMPLICIT FBI Agent uses the lawyer who provided "advise of counsel"????
When the lawyer who advises a company that their conduct is legal turns out to be working for the FBI something is more than wrong.
The AUSA and FBI agent belong behind bars.
I have no clue why this is still trading. I think FSPM has been buying back stock to try and clean up the profile. Make no mistake both DITTMAN AND SEARS HAVE BOTH PLED GUILTY. There is zero value here and only people trading on movement and nothing else. There is ZERO value in this stock.. The whole thing was a fraud.
Maximus: Sorry to hear about your
losses with this scam. I lost my investment here but it was not significant. Why is the stock still trading? It went up 54% today. Is there a clean shell that can be bought? Is there any value here?
Nope no sentencing date yet. I talked to the AUSA of Colorado on the phone. I really believe he is playing EFFING games and trying to have all the victims drop off and not make a claim. He is trying to get the 12 million dollars they confiscated, all or most of it, to be in an "asset forfeiture" status. There was an attempt by someone to sue Dittmann and Sears but the case was dismissed. The AUSA - Ken Harmon - is protecting members of Scott Dittman's family who were party to these crimes directly. Their names are masked or names are redacted in the charging documents. I am going to sue every single unindicted co-conspirator last dime out of their pockets.
The AUSA knows that we cannot contact the Judge (Judge Martinez) directly BUT when the sentencing date is set, I am there.. I will take about an hour.. This whole ordeal almost ruin my life and now Sears plead guilty in November 2016 and Dittman in February 2017 and the AUSA told me on the phone that he has no idea why no sentencing date has been set.. I have been checking on it weekly or bi-weekly I will have my day in court.. Lane Powell LLC will hammer the life outta these guys.
Yes they have but apparently there are other defendants in addition to Sears and Dittman.
has a sentencing date been set yet? I'll be their when it is.
These guys need to be in JAIL TODAY!!
Scott Dittman plead guilty in January 2017
William Sears plead guilty in November 2016
When are Scott Dittman and William Sears going to be sentenced? They both have plead guilty already.
What they omit from this release is that the attorneys for the defendants advised them that their conduct was legal. AND THE AUSA'S HAD BIG GROUP HUGS WITH THE OTHER TEAM.
Sound familiar? Old habits ...
TALK about the wolf guarding the hen house...Our tax payer dollars being spent...
https://www.bizjournals.com/southflorida/stories/2004/08/09/story2.html
Fraud Lauderdale and Boca "Boiler Room" Raton are just a few of the names coined for a region infamous for investor scams.
There's a constant problem with white-collar crime in South Florida, said Mark Mathosian, who is in charge of the financial investigative unit in South Florida for the Florida Department of Financial Services.
"The reason the crooks are here is the same reason you and I are here: the sunshine, the beaches and the money. It's the land of milk and honey. All their dreams are gonna come true. It just doesn't happen," he said.
What is happening is a surge of securities fraud headlines.
Last Halloween's conviction of fraud artist Paul Johnson of Link Express showed state, local and federal law enforcement they could cooperate to step up their level of pursuit. Dozens of criminal and civil actions have been filed in recent months.
Mortgage and securities fraud, particularly private placement scams, are the hot crimes being monitored and prosecuted, according to the Florida Department of Law Enforcement and the Florida Department of Financial Services.
Johnson was convicted of bilking more than 400 investors out of nearly $19 million by using private placements. The U.S. attorney's office teamed up with the Florida Department of Law Enforcement, SEC, IRS and Florida Department of Regulation, ultimately resulting in a guilty verdict that sent the Canadian entrepreneur to jail for 20 years.
"In essence, corporate fraud and securities fraud are one and the same," said Eric Bustillo, deputy chief of the economic crimes unit at the U.S. attorney's office in Miami, whose lawyers in the unit he supervises are currently prosecuting three former senior executives at Hamilton Bancorp in an alleged accounting fraud scheme.
Some of the cases reaching fruition now go back to 2001, when the U.S attorney's office launched a securities fraud initiative using a number of federal agencies with the help of the National Association of Securities Dealers' criminal prosecution assistance group.
At the end of the summer of 2002, Bustillo's office completed a two-year undercover operation known as Operation Bermuda Short, charging more than 50 individuals (some from South Florida) in 23 separate cases. Most of those defendants were charged with violations of the federal securities laws.
Most recently, a defendant charged in conjunction with Bermuda Short pleaded guilty to that case and a second case that had been charged on July 13.
"Last week was a very busy week," Bustillo said. Another guilty plea was garnered in a mutual fund market timing and late trading violations case, "the first ever to have pleaded guilty to these crimes nationwide."
The SEC often appoints special prosecutors to assist in the criminal cases while pursuing civil actions, Bustillo said.
"We are seeing more [fraud] in unregistered securities," said Mathosian, something that is allowed under Regulation D in the Securities Act of 1933. "With the legal exemptions, they [con artists] don't have to go through the government red tape to raise the money. "
One sales pitch is that no money will be used toward commissions, but investors fail to look at documents stating 90 percent is used for commissions.
"It's hard to say it wasn't [disclosed] when you signed the document that stated clearly that it is," Mathosian said.
"The burden of protecting your assets falls on you," he said, noting the same South Florida residents who cut coupons at Publix will fork over their entire retirement savings to an unknown entity promising big returns on an investment.
Ask hard questions, Mathosian suggested, such as whether the principals are registered, have ever filed bankruptcy, were ever sued or served time in prison. The more you ask, the less likely you'll be perceived "as an easy mark," he said.
Bustillo said federal and state agencies will continue their aggressive efforts.
"From a broker to a big executive, if you cross the line and violate the law, there will be severe consequences," he said. "Our collaborative efforts are yielding substantial results. Hopefully, the message is going out there that, chances are, you are going to get caught."
E-mail Senior Reporter John T. Fakler at jfakler@bizjournals.com.
https://www.bizjournals.com/southflorida/news/2011/06/30/task-force-penny-stock-crackdown.html?page=2
Government agencies in South Florida are continuing a crackdown against penny stock promoters with undercover work that resulted in a flurry of conspiracy charges and an SEC action on Thursday.
Those charged live in Coconut Creek, California, Colorado, Texas and Nevada – an indication of the broad geographic reach of the multi-agency effort.
Eric Bustillo, the SEC's regional director in Miami, said agencies are combining their limited resources to fight fraud.LOLLLLLL
Eric Bustillo, the SEC's regional director in Miami, said agencies are combining their efforts.
The investigation is targeting what Eric Bustillo, director of the SEC’s Miami regional office, calls the "securities fraud underworld. Unfortunately, it has many of the players located down here." AND WHICH WORK FOR THE DOJ!!!! LOL
In a telephone interview, Bustillo said investigators follow the trail of evidence as it unfolds.
It's not unusual for promoters and consultants to reach out to others for help raising money or fraudulently manipulating the price of stock, he said.
Historically, penny stock cases often involve promoters and telephone sales boiler rooms that make inflated claims. Cases are getting new twists these days through the use of websites and social media.
Most of the schemes listed Thursday involved kickbacks to a purportedly corrupt pension fund trustee in exchange for having the fund buy stock in microcap companies, the SEC said in a news release.
Another scheme involved a bribe that was to be paid to a purportedly corrupt broker who agreed to buy microcap shares on behalf of investors with discretionary accounts, the SEC said.
A final scheme involved a stock promoter who created a website to tout a penny stock company through a volley of e-mail blasts, and who posted phony testimonials from fake investors, the SEC said.
What the insiders and promoters did not know was that the people who were counterparties to the illegal transactions were actually undercover FBI agents or confidential sources participating in an undercover operation, the SEC said.
The latest charges follow a series of cases, filed in October and December 2010, in which the SEC sued more than a dozen companies and penny stock promoters with similar stock manipulation schemes.
On Thursday, Brian Gibson, 63, of Coconut Creek, was charged with one count of conspiracy to commit securities fraud in connection with a scheme to defraud the investing public by engaging in deceptive and manipulative trading practices in connection with Xtreme Motorsports International stock, according to a news release from Wifredo A. Ferrer, U.S. attorney for the Southern District of Florida, and John V. Gillies, special agent in charge for the FBI in Miami.
Gibson was a marketing consultant for Xtreme Motorsports International who conspired with others to create a promotional website that encouraged investor interest in the company, the U.S. attorney’s press release said.
The website contained false and fraudulent statements, including false testimonials, the U.S. attorney said. Gibson faces up to five years in prison, three years of supervised release and substantial monetary fines, as do the others charged, according to the U.S. attorney:
Donald W. Klein, 40, of Frisco, Texas, who faces a count of conspiracy to commit securities fraud by engaging in deceptive and manipulative trading practices in connection with KCM Holdings, of which he was president and CEO. Klein is charged with engaging in a “pay-to-play” scheme to cause a stockbroker to purchase company stock in return for a kickback payment.
Douglas Newton, 66, of Rancho Mirage, Calif., who was charged with one count of conspiracy to commit securities fraud in connection with a scheme to defraud the investing public by engaging in deceptive and manipulative trading practices in connection with Real American Brands, of which he was president. Newton is charged with engaging in a “pay-to-play” scheme to cause a pension fund fiduciary to purchase shares in return for a kickback.
Charles Fuentes, 66, of Dana Point, Calif., and Thomas Schroepfer, 54, of Las Vegas, who were charged with one count of conspiracy to commit securities fraud in connection with a scheme to defraud the investing public by engaging in deceptive and manipulative trading practices in connection with Smoke Free Innotec Inc. stock. Fuentes was a consultant and Schroepfer was the president. Fuentes and Schroepfer are charged with engaging in a “pay-to-play” scheme to cause a pension fund fiduciary to purchase shares in return for a kickback.
Ferrer said the case show the risks associated with thinly traded microcap stocks.
"The defendants charged today abused their knowledge of the capital markets hoping to misappropriate money held in pension fund and brokerage accounts to enrich themselves and their co-conspirators,” he said in a news release.
“Investors deserve better than secret investment strategies based on kickbacks and bribes,” said Robert Khuzami, director of the SEC’s Division of Enforcement, in a news release. “As our charges make clear, these CEOs got more than they bargained for, but exactly what they deserved, for making illicit payments to manipulate microcap stocks.”
Bustillo said the federal agencies are combining their limited resources to bring the microcap cases, and more are likely down the road.
This is interesting - National Waste Management Holdings and a few other tickers.
http://www.johnschapman.com/fraud-alert/boiler-room-alleged-stock-manipulation
The charges include conspiracy to commit securities fraud, conspiracy to commit wire fraud, conspiracy to commit money laundering, and substantive securities fraud in connection with the stock manipulation of five publicly traded companies – National Waste Management Holdings, Inc., trading under the ticker symbol NWMH; CES Synergies, Inc., trading under the ticker symbol CESX; Grilled Cheese Truck, trading under the ticker symbol GRLD; Hydrocarb Energy Corporation, trading under the ticker symbol HECC; and Intelligent Content Enterprises, Inc., trading under the ticker symbol ICEIF. In addition, the government restrained Matz’s residence in Mt. Sinai, New York, Isen’s residence in San Diego, California, and a co-conspirator’s residence in Hicksville, New York, and seized bank accounts containing alleged criminal proceeds and automobiles purchased with alleged criminal proceeds.
https://www.otcmarkets.com/stock/NWMH/profile
Yeah Max thank you so much. Please also post other pot and penny stocks you have invested in as per your many many posts.
Hi Max, a couple of questions. When is the sentencing trial? Is it to late to send you a letter for the judge?
Thanks for all the helpful information you posted.
What I see in FSPM is a lot of dishonesty and self dealing by the U.S Attorney's Office and AUSA involved.
The handling of this case should be an example of everything that is wrong with the Justice Department's handling of white collar cases.
It only takes one honest FBI agent or AUSA to put an end to the use of lawyers setting up their own clients. At every step of this case, the same AUSA's (or their partners) have been involved in FSPM either as prosecutor, lawyer-informant, criminal defense attorney or ethics counsel. That isn't how the system is supposed to work.
Surely there must be at least one honest AUSA out there that believes the Department of Justice stands for something.
Eventually someone will listen.
If you are an investor who lost money in this scam then the question you should ask is why the DOJ let it happen.
Maybe Carey Leary would like to voice her opinion on the FBI's use of lawyers who set up their own clients.
The AUSA in FSPM, Kenneth Harmon, is like the guy who started a fire then patted himself on the back for calling the fire department.
I notice you did a lot of postings for FSPM. Did you ever sell any of the shares you bought.
Your posts make me think you are a day trader. You seem to dabble in a lot of penny stocks. Make sure to put that in your letter to the Judge. I know it will be in mine.
No! The money is not lost. Read this message.. I put links where you can make a claim and they have 8.4 million dollars for restitution for those of us left holding the bag.
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=131716945
Please write a letter to the judge about how you feel about this whole thing and send it to me and I will take it with me when I go to the sentencing. I'm showing up in person and making my case against these guys.. YES! I HAVE A GRUDGE!
If you have a letter you want me to deliver to the judge at the DITTMAN and SEARS sentencing, send it to shawnmoch@gmail.com.. Use the headed FSPM LETTER TO JUDGE..
Please include as part of your letter the opinion that you want NONE - ZERO of the 8.4 million dollars to go into CIVIL FORFEITURE. I have asked the judge and plan to ask again that he set dates for people to submit claims and after that period, if any money is remaining, it should be divided proportionally to the investors who have already made claims.
I asked the judge for stiffer sentences for these guys and adjustments to the restitution that these guys have to pay. It looks as if they are letting Dittman and Sears pay off their total IRS tax bill with the money they got from selling all those illegal shares. These guys could walk out of jail in 2 and 1/2 years with no fines or financial responsibilities because it was paid for with stolen money.
I am also asking for the identities of those unindicted co-conspirators to possibly sue them if I don't get restitution to my satisfaction. They are gonna have to unmask those people because they had a role in this scam.
No..Hell NO! I don't work for FSPM.
I know because I invested in the company and started contacting the DOJ probably about 1 week after DITTMAN and Company got raided. I contacted my local congressman and when DOJ charged them, they called me because I had contacted them at least 4 or 5 times and left my contact information.
My quote was "I can't verify or have confidence that these guys ever sold one pod." That is based on my reading of the charges and the plea agreement for Sears. It is all in there. How they set up this scam. How much money they made. If anything, the DOJ UNCHARGED these guys. Sears looking at 7 years and Dittman looking at 5 years.
Every step of the way of this scam, these guys committed more felonies. Probably a felony or 2 every month for about 4 years. They have family members who were not charged who were unindicted co-conspirators.
The Attorney General didn't charge these guys for all the crimes. He let some people skate and were not charged. The Dittman plea agreement is sealed and his supposedly is cooperating with the DOJ now.
I don't know what "scammers" who "sold" shares into the market but the guys who were selling shares illegally were Dittman and Sears. It seems as if they set this company up to illegally sell shares. OR they wanted to sell pods to companies they created to catch a buzz and get on a roll and go legit. That never happened.
We have to make sure that investors get ALL of this money. If people who lost money on FSPM are not aware and too stupid or lazy to make a claim, that money should go to the investors that showed up even if they get more than their original investment.
The DOJ isn't gonna REACH OUT to these people. They are gonna declare it a CIVIL FORFEITURE (https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United_States) and all that money that is unclaimed will go into some shady fund and will never see an investor. The DOJ got about 12 plus million from these guys in cash and property. The IRS is already in line to get 2.8 million off the top on money that Dittman and Sears made from selling shares illegally. That is like me robbing a bank and not getting caught but have to got to jail because I didn't give the IRS a cut of the money that I robbed from the bank. None of the money is mine.. every dollar belongs to someone that I stole it from.
This is ridiculous. Help me fight for that money folks.
Money lost and many of the individuals responsible for the investor losses who sold their shares were not charged and profited handsomely just like FSPM's key lawyer and it wasn't the lawyer charged.
Complete corruption or incompetence by the government.
Don't drink the Kool-aid.
As a matter of fact I do. If you have a mailing address, please post it for the board so that victims can send the judge letters about the handling of FSPM case.
That means that investors still lost approximately 32% of their investment. Why didn't the DOJ go after the scammers who sold shares into the market based upon the 19 opinions rendered by FSPM's attorney?
There are many investors who are not as satisfied as you are that justice was served with FSPM.
If you are able could you share how you know for certain that FSPM never sold a pod? Did you work for FSPM? or are you relying upon what the Denver SEC and FBI told you?
There is currently over 8.5 million dollars available to investors who lost money on this scam. Every dollar that FSPM made was from selling stock illegally and selling containers to companies that they owned. Of the 12 million dollars in money and property confiscated and made available for restitution, the I.R.S. has asked for and received in the Plea agreements with Sears and Dittman the sum of 2.6 million in taxes.
YEAH.. I had the same question. How can the government benefit from money that was stolen from investors and the IRS be first in line to collect their "LOSS" before investors - people who put actual money into this fraud - collect one dime.
Secondly - this wipes out the responsibility that Sears and Dittman have to the IRS by allowing them to pay their fines with stolen money.
I have asked Judge Martinez to defer 1/2 this payment to the I.R.S. and let Sears and Dittman pay this money back after they have served their time in jail.
I have asked Judge Martinez that he give Sears and Dittman 10 years in prison which is double the sentences that each man faces. I believe Sears is looking at a max 7 years because he is already a felon.
MOST IMPORTANTLY:
THE MONEY!!!
This money was stolen over a period of 3 or 4 years. I believe the FBI tracked the fraud back to 2012. There are 1000's of people who lost money but there is ZERO outreach (which I pointed out to the judge) that even attempts to identify how many victims there are. People like me and others on this board who were left holding the bag will get restitution but the unclaimed balance of that money will go to what is called "ASSET FORFEITURE" .. I have asked that any balance remaining that is left unclaimed be divided up amongst those who have submitted claims based on the percentage of what they lost.
MEANING ... There should be a claim "period of time" or "window" and after that window is complete, all the claims should be added up and giving a percentage based on loss. That percentage should be applied to any remaining unclaimed funds and all those unclaimed funds should be dispersed to INVESTORS.. Otherwise that money will go to fund whatever law enforcement special projects and other shadowy stuff.
Reply to this or contact me if you want to send a message to the judge about this issue. I am going to the sentencing.. I have lost too much money not to be there in person.
Want to send a message to the Judge?
I am going to the sentencing. If you have something to say to the Judge about Mr. Sears or Scott Dittman and can't make it in person or don't know who to contact, you can send me a message or reply here. I will take as many messages from you guys with me as possible. I have already sent my 45 page letter to the Judge but I am showing up in person to deliver my own message and see justice done in person. I hung with this company hoping the best from them until I got a phone call from Special Agent Kate Funk of the FBI and AUSA Kenneth Harmon last October 2016. They called me on a conference call after they had charged both guys with these crimes. More about this later.
But I invested a lot of money into this complete fraud and have been in touch with every government agency possible since these guys where raided and stayed in touch with them over the years.
Here are some websites and links that might help you if you lost money in FSPM.
1. https://www.justice.gov/usao-co/fusionpharm-case-information
2. Fill out this:
https://www.justice.gov/usao-co/page/file/912561/download
and send it to this person:
Donna Summers
Victim Witness Coordinator
U.S. Attorney’s Office
District of Colorado
Direct (303)454-0261
Donna.Summers@usdoj.gov
3. https://www.justice.gov/usao-co/fusionpharm-us-v-sears-and-dittman
4. https://www.justice.gov/usao-co/fusionpharm-docket
5. https://www.justice.gov/usao-co/page/file/920481/download
This should help.
Do the math. If you lost money, let the SEC and DOJ explain why the lawyers and recipients of free trading shares from Lehrer's opinions were not charged. They profited. This is not a pretty tale. And also let them explain why they did not shut this same down in 2011 when it was discovered FSPM's corporate officer and general counsel had forged more than 100 legal opinions that would cost investors millions.
They don't like to talk about that do they??? If you think that anyone in the SEC or DOJ in this case cares about investors then you are naive.
Wake up and smell the corruption.
I think the issue that was raised is how a lawyer named Frederick Lehrer charged FSPM for 19 legal opinions for more than 90 percent of the shares allegedly used in the FSPM scam and was not charged. Lehrer charged a bundle for legal fees. Did investors get that back? NO
No coincidence that he worked with the AUSA Kenneth Harmon for 7 years. Lehrer had multiple undisclosed conflicts when he rendered his opinions for FSPM. Maybe investors would have considered it material that Lehrer assisted in turning in Guy Jean-Pierre to the SEC and FBI. After all Jean-Pierre was an officer of FSPM and he came with the Joseph Meuse / Pacific Stock transfer shell. I don't see that disclosed in Lehrer's opinions.
Lehrer has a long history with Meuse's partner Marc Jablon as well as Roy Meadows. Too many coincidences to ignore.
No matter how you feel about Sears and Dittman, the case was mishandled and the AUSA and SEC attorneys should tell us all why Lehrer was not charged. In fact, tax payers footed the bill so they could comfort Lehrer's testimony at the Miami SEC where he worked and his friend, Eric Bustillo is the regional director. Somebody roll out the red carpet... for Fed Lehrer and the old gang from Bermuda Short, the most corrupt investigation in the history of white crime for the FBI.
So where do the shareholders stand? Money lost or civil lawsuit?
If Dittman and Sears were not involved in illegal activity, then no one could be set up as a FBI informant nor bill them for services and "operate the scam". These guys were hell bent on selling illegal stock and running a scam. I can't say that I know for certain that these guys ever sold even ONE real container to a person who wasn't tied to the shell company that they formed to make it seem as if they had sells or business coming in.
Speaking of legal counsel...does anyone know when the attorneys in FSPM started reporting to FBI and if they had to give their fees back to investors? The new trend in the FBI paying informants is that the informant gets to operate in the scam, set up their own client and bill the client while they throw them under the bus.
Am I the only wondering why Guy Jean Pierre wasn't charged for the forgery of more than 100 baseless legal opinions and why Lehrer suddenly replaced him?
In other words the Denver AUSA and FBI agent start a fire and then pat themselves on the back for calling the fire department.
Complete corruption and they should be held the same standard as anyone else.
FusionPharm Intends to Liquidate and Dissolve Company
LAKEWOOD, CO -- (Marketwired) -- 05/03/17 -- FusionPharm, Inc., (OTC PINK: FSPM), a company engaged in the development, sale and distribution of the patent pending PharmPods advanced hydroponic cultivation system is liquidating in expectation of dissolving the Company.
Pending legal proceedings have made it impossible for the Company to continue operations. Scott Dittman, the Company's remaining sole officer and director, has stepped down from these positions after authorizing the Company's legal counsel to handle the liquidation.
Safe Harbor Statement
This press release may contain forward looking statements which are based on current expectations, forecasts, and assumptions that involve risks and uncertainties that could cause actual outcomes and results to differ materially from those anticipated or expected, including statements related to the amount and timing of expected revenues and any payment of dividends on our common and preferred stock, statements related to our financial performance, expected income, distributions, and future growth for upcoming quarterly and annual periods. Actual results and the timing of certain events could differ materially from those projected in or contemplated by the forward-looking statements due to a number of factors detailed from time to time in our filings with OTC Markets.
For Additional Information Contact:
Andrew Telsey, Esq,
andrew@telseylaw.com
Source: FusionPharm
The definition of obstruction of justice is very broad and includes any interference with the application of the law, so there are many offenses that can be considered obstruction of justice. Some examples include:
Lying during questioning;
Providing false testimony or documents during an investigation;
Assisting another person in providing false testimony during an investigation; and
Attempting to influence a defense or government witness.
What Is the Penalty for Obstruction of Justice?
Since there are so many offenses that can constitute obstruction of justice, the penalty will vary based on the severity of the offense. Penalties can range from simple fines to jail time of up to ten years.
The FBI agent who investigated FSPM is Kate Funk. Anyone with information about FSPM and Kate Funk or other issuers in penny stock securities cases she investigated please post or send me a private email.
Let me get this straight. Two lawyers rendered opinions that opine that the shares subject to the opinions can be publicly sold in reliance upon Rule 144 as Fusion Pharm has never been a shell company. A 2 minute review of Fusion Pharm’s shell status shows that it was a former shell company and Rule 144 was not available.
https://www.sec.gov/rules/final/33-8587.pdf
According to the SEC, Rule 144 is not available for the resale of securities initially issued by a shell company (reporting or non-reporting) or a former shell company. Rule 405 and Exchange Act Rule 12b-2 define a “shell company” as a company, other than an asset-backed issuer, with no or nominal operations; and either no or nominal a no brainer to confirm shell status from Fusion Pharm’s public filings.
The OTC Markets profile page for Fusion Pharm states its corporate history:
Company History:
• Formerly=Baby Bee Bright Corp. until 4-2011
• Formerly=Sequoia Interests Corp. until 5-06
• Note=1-04 company is in the development stage, working with a nationally recognized, independent research and development organization to develop and test an inorganic polymer designed to assist in the recovery of reserves in the oil & gas industry
• Formerly=Argent Capital Corp. until 12-03
• Formerly=Sunport Medical Corp. until 2-98
http://www.otcmarkets.com/stock/FSPM/profile
A review of the filings for Fusion Pharm’s reveals that it was a shell company. The first filing I reviewed for Argent Capital Corp, states, “On June 26, 2000 Argent Capital Corporation and its various subsidiaries ceased operating due to the company's inability to fund its business plan”. The same filing reflects all officers and directors had resigned and it had nominal assets.
https://www.sec.gov/Archives/edgar/data/892833/000089283300000006/0000892833-00-000006-0001.tx
As such, every opinion rendered under Rule 144 was baseless. SEC Attorneys Kimberly Greer and Ian Karpel failed to properly investigate this matter. Had they done so, all attorneys would have been charged. They either ignored that one of their own rendered baseless opinions and violated the securities laws or they are completely incompetent and wasted tax payer dollars.
Talk about corruption - It is time to investigate the AUSA in FSPM Kenneth Harmon and the SEC attorneys who ignored and or took affirmative steps to conceal the role of a former SEC enforcement lawyer who worked with Harmon at the Miami DOJ.
The Big Apple connections are interesting particularly Guy Jean-Pierre. Isn't corruption the new agenda for the DOJ? FSPM is a good place to start the investigation of the FBI/DOJ Microcap Task Force (Also known as the penny stock key stone cops) and the complete abuse of their positions on tax payer dollars by a few involved who used their positions to target ex-wives and people they did not like.
Corruption and Waste doesn't get any clearer than that. And so they should he held to the same standard as anyone else - obstruction of justice and fraud. They belong behind bars.
Anyone with any Tod DiTommaso opinions in Big Apple/Jean-Pierre tickers including Artfest, please post or send me a private email.
My research shows that DiTommaso started around late 2010 doing opinions for Jean-Pierre.
It takes only one person within the DOJ to expose what happened in this case and the corruption at the Denver SEC and DOJ. This is not how the system is supposed to work.
One honest prosecutor will bring this entire House of Cards down.
Frederick M. Lehrer rendered legal opinions related to more than $10 million of the alleged $12 million Fusion Pharm fraud. Lehrer’s opinions conclude that the shares subject to the opinions can be publicly sold in reliance upon Rule 144 as Fusion Pharm has never been a shell company. A 5 minute review of Fusion Pharm’s shell status would have revealed it was a former shell company and Rule 144 was not available. Where is the SEC and FBI?
]https://www.sec.gov/rules/final/33-8587.pdf
According to the SEC, Rule 144 is not available for the resale of securities initially issued by a shell company (reporting or non-reporting) or a former shell company. Rule 405 and Exchange Act Rule 12b-2 define a “shell company” as a company, other than an asset-backed issuer, with no or nominal operations; and either no or nominal assets or assets consisting solely of cash and cash equivalents.
It is relatively simple to confirm shell status from Fusion Pharm’s public filings. The OTC Markets profile page for Fusion Pharm state its corporate history:
Company History:
• Formerly=Baby Bee Bright Corp. until 4-2011
• Formerly=Sequoia Interests Corp. until 5-06
• Note=1-04 company is in the development stage, working with a nationally recognized, independent research and development organization to develop and test an inorganic polymer designed to assist in the recovery of reserves in the oil & gas industry
• Formerly=Argent Capital Corp. until 12-03
• Formerly=Sunport Medical Corp. until 2-98
http://www.otcmarkets.com/stock/FSPM/profile
A review of the filings for Fusion Pharm’s reveals that it was a shell company. The first filing I reviewed for Argent Capital Corp, states, “On June 26, 2000 Argent Capital Corporation and its various subsidiaries ceased operating due to the company's inability to fund its business plan”. The same filing reflects all officers and directors had resigned and it had nominal assets.
insert-text-here
As such, every opinion Lehrer rendered under Rule 144 was baseless. This is so obvious I need a crayon.
You don't need to take my word for it - See for yourself!! Here are a few of Frederick Lehrer's opinions. Why wasn't he charged? The answer is obvious.
https://www.securitieslawyer101.com/wp-content/uploads/2017/04/Lehrer-Opinions.pdf
Wake up and smell the corruption.
According to the FBI, FBI agents and Prosecutors have an obligation to disclose exculpatory evidence to the defense in criminal cases. The legal opinions written by Lehrer represented approximately 90% of the shares which caused the investor losses in FSPM. Those opinions will be posted soon so investors can judge for themselves and have the opportunity to seek recovery of their losses from all available sources.
https://leb.fbi.gov/2011/october/disclosure-in-the-modern-age
"There is an affirmative constitutional duty on prosecutors to disclose exculpatory evidence to a defendant. Subsequent cases have extended this duty to law enforcement agencies"
The SEC and FBI withheld exculpatory evidence from the defendants in FSPM related to Frederick Lehrer, the key witness against his own clients William Sears and Scott Dittman. They even went so far as to target posters on the investors hub to prevent exculpatory information from being posted. It didn't stop there.
Those involved should all be charged with obstruction of justice. This goes way beyond not turning over exculpatory evidence to the defense. They targeted individuals who had evidence that would discredit Lehrer's testimony.
Lehrer rendered more than 10 times the bogus opinions of DiTommaso and he was not charged. It turns out that Lehrer worked with Kenneth Harmon, the AUSA in this case for years and Harmon was his supervisor. I am not the only one who sees something wrong with this picture.
Anyone investors seeking information, please send me a private email.
Followers
|
187
|
Posters
|
|
Posts (Today)
|
0
|
Posts (Total)
|
9532
|
Created
|
04/01/07
|
Type
|
Free
|
Moderators |
THE ULTIMATE EVOLUTION OF CONTROLLED ENVIRONMENT AGRICUTURE
CULTIVATION CONTAINER SYSTEMS
The explosive growth in organic produce and the recent meteoric rise in popularity of the local food movement are a direct result of the nutrient depleted, pesticide laden food on America's grocery store shelves and the detrimental health issues resulting from the same.
FusionPharm's primary focus is to further develop the company's patent pending line of cultivation containers. FusionPharm is the creator and manufacturer of these cultivation container system. They are constructed of standard ISO steel shipping containers that are repurposed for use in indoor plant cultivation. Based on the concept of Controlled Environment Agriculture (CEA) used extensively in greenhouse cultivation for decades, the PharmPod cultivation container is evolving the arena of the Controlled Environment Agriculture (CEA) concept.
Stackable, scalable, secure, durable and clean, these containers allows FusionPharm the ability to foster an environment in the agriculture industry that makes vertical farming economically viable through it's patent pending PharmPlex cultivation centers. Through use of these containers, stacked in an urban warehouse, the PharmPlex maximizes the containers systems scalability and creates unprecedented efficiencies in growth, energy efficiency and space efficiency for cultivation within an urban real estate footprint. Located in the heart of cities and nearest the nation's population centers, the PharmPlex cultivation centers will produce the finest possible produce, picked fresh and ripe and transported less than 100 miles to the final destination.
FusionPharm is piloting its first PharmPlex cultivation center in Denver, Colorado and has partnered with Circle Fresh Farms to provide the agriculture expertise and distribution network for the produce that will be produced. Circle Fresh Farms is the largest producer of organic tomatoes, cucumbers and leafy green vegetables for Whole Foods in Colorado. Circle Fresh Farm's produce is sold in national chains and local supermarkets under the Circle Fresh Farms® brand name. Circle Fresh Farms produce is easily recognized by its
vine-ripe, consistently superior taste, texture and appearance.
URBAN-BASED GROWING, HARVESTING AND DISTRIBUTION
Our PharmPlex cultivation center concept is simple, yet revolutionary - grow and harvest your vegetables and fruits in a faster amount of time, then distribute them over a shorter distance, as compared to traditional farming methods.
Utilizing multiple, stackable cultivation containers growing containers in an urban warehouse setting, our PharmPlex cultivation centers create unprecedented efficiencies in growth, reduced energy use and a smaller real estate footprint. Our PharmPlex centers are designed to be located within the heart of cities, nearest their population centers, to deliver the freshest and finest produce within 100 miles from where they are grown.
FusionPharm is piloting its first PharmPlex cultivation center in Denver, Colorado and has partnered with Circle Fresh Farms - whose produce is recognized for its vine-ripe, consistently superior taste, texture and appearance - to provide the agricultural expertise and distribution network for the produce that will be grown. Circle Fresh Farms is the largest producer of organic tomatoes, cucumbers and leafy green vegetables for Whole Foods in Colorado, and their produce is sold in national chains and local supermarket under that same name.
Share Structure
Shareholders
| |||||||||||||||||||||||||||||||
Website: http://www.fusionpharminc.com/
Filings
http://www.otcmarkets.com/stock/FSPM/filings
CEO : SCOTT DITTMAN'S INTERVIEWS
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 72177 / May 16, 2014
The Securities and Exchange Commission (“Commission”) announced the temporary
suspension, pursuant to Section 12(k) of the Securities Exchange Act of 1934 (the “Exchange
Act”), of trading in the securities of FusionPharm, Inc. (“FusionPharm”) of Denver, Colorado, at
9:30 a.m. EDT on May 16, 2014, and terminating at 11:59 p.m. EDT on May 30, 2014.
The Commission temporarily suspended trading in the securities of FusionPharm due to a lack of
current and accurate information about the company because of questions that have been raised
about the accuracy and adequacy of publicly disseminated information concerning, among other
things: (1) the company’s assets; (2) the company’s revenues; (3) the company’s financial
statements; (4) the company’s business transactions; and (5) the company’s current financial
condition. This order was entered pursuant to Section 12(k) of the Exchange Act.
The Commission cautions broker-dealers, shareholders, and prospective purchasers that they
should carefully consider the foregoing information along with all other currently available
information and any information subsequently issued by the company.
Further, brokers and dealers should be alert to the fact that, pursuant to Rule 15c2-11 under the
Exchange Act, at the termination of the trading suspension, no quotation may be entered unless
and until they have strictly complied with all of the provisions of the rule. If any broker or dealer
has any questions as to whether or not he has complied with the rule, he should not enter any
quotation but immediately contact the staff in the Division of Trading and Markets, Office of
Interpretation and Guidance, at (202) 551-5777. If any broker or dealer is uncertain as to what is
required by Rule 15c2-11, he should refrain from entering quotations relating to FusionPharm’s
securities until such time as he has familiarized himself with the rule and is certain that all of its
provisions have been met. If any broker or dealer enters any quotation which is in violation of
the rule, the Commission will consider the need for prompt enforcement action.
If any broker-dealer or other person has any information which may relate to this matter, they
should contact Jay Scoggins at (303) 844-1105, Kimberly S. Gre
Volume | |
Day Range: | |
Bid Price | |
Ask Price | |
Last Trade Time: |