AU 93 (Rev.
Ill 13) Search and Setzure Warrant
UNITED STATES DISTRICT COURT
for the
District of Colorado
In the Matter of the Search of )
(Briefly describe the property to be searched )
or identifY the person by name and address)
) Case No.
Premises located at:
5850 East 58th Ave., Unit F )
5750 East 58th A venue, Unit J )
)
Commerce City, Colorado
more fully described in Attachment A, )
attached hereto. )
SEARCH AND SEIZURE WARRANT
To: Any authorized law enforcement officer
An application by a federal law enforcement officer or an attorney for the government requests the search of the
following person or property located in the State and District of Colorado (identifY the person or describe the property to
be searched and give its location):
SEE 11 ATTACHMENT A 11 attached hereto and incorporated by reference
I find that the affidavit(s), or any recorded testimony, establish probable cause to search and seize the person or
property described above, and that such search will reveal (identifY the person or describe the property to be seized):
SEE 11 ATTACHMENT B 11 attached hereto and incorporated by reference
I find that the affidavit(s), or any recorded testimony, establishes probable cause to search and seize the person or
property.
YOU ARE COMMANDED to execute this warrant on or before May 29,2014 (not to exceed 14 days)
RJ in the daytime 6:00 a.m. to 10 p.m. 0 at any time in the day or night because good cause has been established.
Unless delayed notice is authorized below, you must give a copy of the warrant and a receipt for the property
taken to the person from whom, or from whose premises, the property was taken, or leave the copy and receipt at
the place where the property was taken.
The officer executing this warrant, or an officer present during the execution of the warrant, must prepare an
inventory as required by law and promptly return this warrant and inventory to Craig B. Shaffer
(United States Magistrate Judge)
0 Pursuant to 18 U.S.C. § 3103a(b), I find that immediate notification may have an adverse result listed in 18 U.S.C.
§ 2705 (except for delay of trial), and authorize the officer executing this warrant to delay notice to the person who, or
whose property, will be searched or seized (check the appropriate box)
0 for _ _ days (not to exceed 30). 0 until, the facts justifying, t~a~cific date of _ _ _ _ __
Date and time issued: 4:39pm, May 15, 2014
. Sh r.r.:!ge'S signature
Cra•g B. a11er
City and state: Denver. CO United States Magistrate Judge
Printed name and title
Attachment A
Premises To Be Searched
The premises to be searched are the facilities for FusionPharm located at 5850 East
58th Avenue Units F and 5750 East 58th Avenue Unit J, Commerce City, Colorado,
80022. The two respective units to be searched are located in large, concrete
commercial warehouse buildings. The two buildings are located across from each
other, separated by the industrial complex' driveway.
5850 East 58th Avenue, Unit F, Commerce City, Colorado, 80022
The premises to be search at 5850 E. 58th Ave is identified by two signs with the words
"PHARM PODS" written on them. There are doors located below each sign. One of the
doors is unmarked. The other entry below a "PHARM PODS" sign is two adjoining
glass doors, one of which is marked with the letter "F." Four large roll-up type doors
and a light-colored regular size door are also apparent from the front of the premises to
be searched.
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5850 East 58th Avenue, Unit J, Commerce City, Colorado, 80022
The premises to be searched at 5750 E. 58th Ave is also identified by two signs
with the words "PHARM PODS" written on them. Two adjoining glass doors are located
near each respective PHARM PODS sign. One of the glass doors is marked with the
letter "J." Three large roll-up type doors, additional glass doors, and a light colored
regular size door are also apparent from the front of the premises to be searched.
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ATTACHMENT 8
ITEMS TO BE SEIZED
The following records and other items, however maintained, related to (a) the formation,
ownership, control and/or operations of FusionPharm, Inc., MeadPoint Venture Partners, LLC,
VertiFresh, LLC, Bayside Realty Holdings, LLC, and Microcap Management, LLC (hereinafter,
collectively, the "Enumerated Entities"); and (b) the scheme and activities which are described
and are the subject of the affidavit in support of this warrant (which affidavit is incorporated by
reference herein), which records and items are further described below, and which constitute
evidence and/or instrumentalities of violations of Title 18, United States Code, Section 1343 (wire
fraud) and Title 15 United States Codes, Section 78j(b) and 78ff(a):
(As used herein, the terms "records" and "information" include all of the items of evidence in whatever form and by
whatever means they may have been created or stored, including any electrical, electronic, or magnetic form (such as
any information on an electronic or magnetic storage device, including floppy diskettes, hard disks, ZIP disks,
CO-ROMs, optical discs, backup tapes, printer buffers, smart cards, memory, calculators, pagers, personal digital
assistants such as Palm Pilot computers, as well as printouts or readouts from any magnetic storage device); any
handmade form (such as writing, drawing, painting); any mechanical form (such as printing or typing); and any
photographic form (such as microfilm, microfiche, prints, slides, negatives, videotapes, motion pictures,
photocopies).)
A. Accounting records and supporting workpapers (in any iteration, including drafts) concerning
any and all of the Enumerated Entities, including general journals, general ledgers, accounts
receivable and payable ledgers, sales journals, purchase journals, accounts reconciliations,
and all data entered in Quickbooks or any other computer digital accounting system.
B. All financial statements and supporting workpapers (in any iteration, including drafts)
concerning any and all of the Enumerated Entities.
C. All records concerning sales or any other revenue generating activities of any and all of the
Enumerated Entities, including, by way of example, purchase and sales contracts or
agreements, memoranda of understanding, term sheets, licensing or distributor agreements
and contracts, invoices and purchase orders.
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D. All records concerning or relating to the procurement, manufacture production or shipment of
"PharmPods" or any other tangible products sold or offered for sale or lease by, or purchased
by, any of the Enumerated Entities, including bills of lading, other shipment and transportation
documents, and records of inventory.
E. All income tax or sales tax returns (in any iterations, including drafts), and any workpapers
relating to the same, concerning any of the Enumerated Entities.
F. All news, media or press releases (in any iterations, including drafts) concerning any of the
activities of any of the Enumerated Entities and any records relating to the preparation or
dissemination of the same.
G. Any and all correspondence or communications (in any iterations, including drafts) in whatever
format (including envelopes, letters, papers, email messages, chat logs and electronic
messages, and other digital data files) concerning, relating to or referencing the records or
subject matters identified and described in paragraphs A through F above, including, by way of
example, correspondence and communications with accountants, auditors, public relations
firms, investor relations firms, and media outlets, but, expressly excluding, however, any
correspondence or communications constituting privileged attorney-client communications.
H. Records identifying customers, clients, distributors or licensees of any of the Enumerated
Entities.
I. Records identifying vendors, suppliers, partners or joint venturers of any of the Enumerated
Entities
J. Records identifying employees, officers, and directors of any of the Enumerated Entities.
K. Records identifying investors, shareholders, securities holders, or lenders or creditors of or
relating to any of the Enumerated Entities.
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L. Any and all correspondence or communications (in any iterations, including drafts) in whatever
format (including envelopes, letters, papers, email messages, chat logs and electronic
messages, and other digital data files) with, between or involving, or relating to, investors of or
in any of the Enumerated Entities; shareholders or securities holders of securities of the
Enumerated Entities; or lenders or creditors of the Enumerated Entities, but, expressly
excluding, however, any correspondence or communications constituting privileged
attorney-client communications.
M. Any and all records concerning securities transactions involving any of the Enumerated
Entities or securities issued by or on behalf of any Enumerated Entities, including transfer
agent records and correspondence and communications involving transfer agents, and
brokerage or bank account records reflecting securities transactions or proceeds of such
transactions.
N. Records constituting or relating to the formation, ownership, organizational governance or
control of any of the Enumerated Entities, including, by way of example, articles of
incorporation or formation, board of directors resolutions, board of directors minutes,
shareholder consent forms, and stock certificates.
0. Any customer, client or billing lists; appointment books, diaries, calendars (paper or electronic);
cash receipts, receipt books, any other document or record that shows the identity, address,
contact information, or any other personal and/ or financial data concerning customers,
investors, or clients of any of the Enumerated Entities.
P. Personnel files for owners, managers, and employees, past and present, of any of the
Enumerated Entities.
Q. Any records relating to loans, credit, bank or investment accounts obtained in the name of
William Sears, Scott Dittman, Sandra Sears (mother of William Sears), or any of the
Enumerated Entities during the period between 2011 and present.
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S. Bank records, including bank statements, financial statements, cancelled checks, deposit
tickets, receipts for cashier's checks, money orders, travelers checks, records relating to wire
transfers, loans, and credit card information, for the years 2011 through current date.
Law enforcement agents or officers participating in the search of the foregoing are authorized to search any computer
or other digital storage device on the premises to be searched and to copy all above-described information stored on
such computer or device. The search of such computers and devices shall be limited to seeking information with
respect to information that fits within the above-described items to be seized and may include evidence of who used,
owned, or controlled the computer or device at the time the items described in this warrant were created, edited, or
deleted such as logs, registry entries, configuration files, saved usernames and passwords, documents, browsing
history, user profiles, e-mail, e-mail contacts, "chat" or instant messaging logs, photographs, and correspondence.
In addition, if any of the foregoing items cannot be read and understood without the software or programs that created
those items, the agents and officers are authorized to seize such software and any documentation and manuals that
describe the software and give instructions on its installations and use.
Additionally, if the agents or officers cannot obtain access to any computer or device for technical reasons, they are
authorized to make images of the storage media of such computer or device for later analysis or to seize such
computer or device and remove it to a laboratory setting to make such images or to obtain access to, search for and
recover the foregoing items.
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FD-597 (Rev 8-11-94) Page 1 of 2
UNITED STATE DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
Receipt for Property Received/Returned/Released/Seized
File #: 3188-DN-
3938165
On (date) 05.16.2014 item(s) listed below were:
D Received From
D Received To
D Released To
181 Seized
(Name) FusionPharm
(Street Address) 5850 E 58th Avenue, Unit F and 5750 E 58th Avenue, Unit J
(City) Commerce City, Colorado
Description of ltem(s):
Apple iMac computer, serial number C02M4627F8J2
Apple MacBook Pro, serial number C02FG5VMDF91
Apple MacMini, serial number C07M30U1DWYN
HP Pavilion CPU, 3CR93629W7
HP Pavilion Series CPU, serial number 3CR1240lT8
Cardboard box containing bills paid (January to December 2012), deposits 2011, expenses (March to December
2011), sales orders, 1099 filings (2011), various folders labeled with company names, and other documents.
Cardboard box containing file folders with sales orders labeled with company names, bills, and other related
documents.
HP Pavilion 500 PC Series, serial number 4CE3280CW4
Manila folders labeled Company Credit Card, Checking Info, Vertifresh llC State + Federal Filings, VertiFresh
Receipts, and Invoices to be entered into Q. Books
Manila folders contain paid bills (2013 and 2014), vendor folders, lease agreements, insurance, non-disclosure,
individual investor folders, employee files, and other business records.
Hanging folders labeled workman's compensation, state tax returns, state tax license, federal tax returns, stock
activity, various licenses and assets, and other related documents
Printed emails, hand printed notes, balance sheets, accounting records, resume of Amanda Cranmer, Pharm
Pods invoices, and other related documents.
Various accounting documents (some torn in pieces), manila folders labeled Colorado Capital Bank, Pharm Pod
Financial Agreement, financial statements, credit applications, US Dept of labor, Wells Fargo, and other
related financial documents.
Invoices, bills, printed emails, letter from investor Robert W. Taylor, receipts, and related business documents.
-----.-------------------------------------------------------------------------
FD-597 (Rev 8-11-94) Page 2 of 2
UNITED STATE DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
Receipt for Property Received/Returned/Released/Seized
File #: 3188-DN-
3938165
Small accordion file containing receipts and manila folders containing shipping statements and invoices, and
other related business records
Travel records, FusionPharm financial statements with notes, balance sheets, hand printed notes, and other
related business documents
Certificates of origin and Canadian customs invoices in folder labeled Shipping/NAFTA
Folder containing stock documents and hand printed notes
Spiral bound phone message notebook, hand printed notes, printed emails, and other related business
records.
Wells Fargo statements, photocopies of debit cards, and customs declaration
Service order, quotation, and hand printed notes
Shipping receipts, sales quotes, lnvestCo documentation, folder containing business cards, tax documents for
1100 Moline LLC, printed emails, folder labeled PharmPiex Sales Leads 2012, and other related business
records
Microsoft Surface tablet, serial number 000472134053, with power cord
Statements of assets and cash flows, FusionPharm statements of shareholder equity, FusionPharm balance
sheets, work orders, pod lease contracts, deposits, and other related business records
Received By LUARLES S. 1~cc:_ Received From Robert Dittman
----------+-- ~
(signature) c~y~c... (signature,~ / v ,. "i - --
Robert Dittman also acknowledges receipt of a copy of the search warrant signed by United States Magistrate
Judge Craig B. Shaffer, Attachment A, and Attachment B.
