IF YOU ARE THINKING OF HIRING THIS GUY DON’T
IF YOU ALREADY HIRED HIM FIRE HIM!
My name is William Sears and because of this mans complete and total failure to protect my rights I went to prison. These are the facts and they are indisputable.
After investigating the facts of my particular case my attorney Fredric Winocur at Ridley McGreevy & Winocur completely failed at fulfilling his constitutional duty. He also completely failed in fulfilling his moral and ethical duty as my attorney. His failure to provide even the most basic of investigation and review of the discovery was not a strategic decision. Instead it was a complete and total failure to provide effective counsel. To say Winocur’s performance fell below the standard of reasonableness is an understatement. I spent 4 years in prison because of his incompetence.
Only after I signed a plea deal at his recommendation (2.5 years later) was the "ALLEGED" evidence given to me for review. (How any decent attorney could advise a client to sign a plea agreement without seeing all the evidence prior?) I immediately noticed factually incorrect statements, accounting opinions and assumptions that just did not make sense. It was clear that the FBI Agent in charge (Kate Funk) just did not understand the business and thought it was a Ponzi scheme.
So, with this review of the evidence, I NOT WINOCUR Investigated the background of Agent Funk.
I discovered that she lied on her sworn affidavit. She lied about Receiving an Accounting Degree from the University of Kansas in 1995 (they do not offer an accounting degree). She lied about graduating in 1995. She lied about becoming a Certified Public Accountant in 1996 through the State of Kansas. (Facts are Funk has never been licensed to practice in any state). As opined by numerous lawyers and accountants its obvious Agent Funk committed perjury and defrauded the Judge in this case by lying about her credentials to enhance her credibility to obtain the search warrants. If not, that why lie? Why not be truthful? Winocur never even bothered to check.
(Google Kate Funk FBI)
At that point I again NOT WINOCUR called the court to get a certified copy's of the warrant(s) and the affidavits. I was shocked to find out that "THERE ARE NO WARRANTS REGISTERED IN MY CASE!" Federal rules of evidence clearly state that a search warrant once executed must be brought back to the issuing Magistrate Judge for registration. How else to guarantee the authenticity of what was attested to and what was seized? Why was it not registered as the law requires? How could Winocur also miss this one? How could he? Simple he did not even bother to look on line or make a simple call to the court as I did. I did not have money for trial so he was getting what he could and moving me along.
HOW COULD ANY COMPETENT LAWYER ADVISE HIS CLIENT TO ENTER INTO A PLEA DEAL WITHOUT EVER SEEING A CERTIFIED COPY OF THE ALLEGED WARRANT AND AFFADAVIT?
HOW COULD ANY COMPETENT LAWYER NOT DO DUE DILLIGENCE ON THE INVESTIGATING OFFICER/AGENT?
Had Mr. Winocur done the most basic of investigation of online searches and simple phone calls that I made and did on my own he would have discovered as I did:
If Winocur had done these most basic of duties it all would have been over before it really started. Instead I lost everything and went to prison.
All this discovered by me after a plea deal was in place. A plea deal he urged me to take and brokered. Once I uncovered all this, I brought these facts amongst others to Winocurs attention. He then promptly resigned stating "We now have a conflict of interest".
NO KIDDING!
I then secured court appointed counsel and attempted to revoke my plea not once but twice! I believe that this attempt to revoke my plea twice after seeing the purported evidence shows that if it were not for Winocurs numerous and catastrophic errors I would have opted to go to trial. I can’t think of one single action showing my will to go to trial more then revoking my plea.
The damage was done. The judge in the case would not let me have my day in court. The judge in this case would not even acknowledge the agents perjury nor the nonexistent warrants in any of his opinions. This all sits solely and completely on Wincor’s shoulders. Winocur should hang his head in shame. Instead, he advertises himself as a Super Lawyer. Super incompetent Lawyer being more the case. He should be held accountable for his failure to provide me with my 6th amendment right to effective counsel. Winocur failed miserably to do the most basic of work and my life was ruined because of it.
This is a true and factual account of Wincor’s complete and total failure to represent and protect my rights. Don’t let this happen to you.