Federal Prosecutor Disregarded Evidence That Defendants Were Not Involved in Any Criminal Activity
Denver, CO -- (ReleaseWire) -- 06/02/2016 --Federal prosecutor Matthew T. Kirsch prosecuted and convicted six information technology executives of the IRP Solutions Corporation on allegations that they were involved in a two-and-a-half-year scheme to induce staffing companies into paying employees they outsourced to IRP. IRP Solutions developed CILC (pronounced "silk") criminal investigations software, and according to court documents, the Department of Homeland Security requested and received a quote for over $100 million dollars for CILC. "Although the primary charge was that the defendants misrepresented their success and prospects to certain staffing companies, the case was presented to the jury on the basis that their software was a phony and a scam," says former federal appeals Judge H. Lee Sarokin, and that "defies reality." Sarokin characterizes the case as "strange" and questions why Kirsch disregarded numerous facts that indicate the executives could not possibly have been involved in criminal activity. One of which was why the IRP executives, in the middle of a criminal scheme as alleged by Kirsch, contacted the head of the Denver division of the FBI to recruit federal agents to come work for their company. "Criminals avoid law enforcement at all costs, not recruit them to come work for them," says Lisa Stewart of A Just Cause.
"The IRP6 originally met with U.S. Senator Ben 'Nighthorse' Campbell (D-CO) to discuss CILC's capabilities and how it could help Colorado and the nation's law enforcement," says Lamont Banks, Executive Director of A Just Cause. "After numerous demonstrations and meetings with the Department of Homeland Security's Consolidated Enforcement Environment (CEE), responsible for acquiring software to modernize DHS case management systems, CEE Program Manager Stephen Cooper requested that the IRP6 put a 'federal face' on the software and suggested they bring on retired federal agents to assist. A follow-up call was made to Senator Campbell who referred the IRP6 to the Denver FBI head who in turn recommended three senior level retired agents, Dwayne Fuselier and John Epke of the FBI and Gary Hilberry who had been the head of Immigration and Customs Enforcement (ICE) in Denver," adds Cliff Stewart of A Just Cause. They hired two others, John Shannon of the NYPD and Professor Larry Iverson (PhD), head of Pikes Peak Community College's criminal justice program," explains Stewart.
Court documents show that Fuselier, Epke and Hilberry signed independent contractor agreements for an hourly rate of $65/hr. and agreed to be paid upon the sale of the software or when placed with a staffing company. Shannon and Iverson, like all other contractors were hired by and paid by various staffing companies like all other contract employees. "The federal agents provided subject-matter expertise and created detailed, real-word investigations for terrorism, fraud, and drug crimes; including federal investigative processes, data and documentation used by the FBI and ICE. Shannon provided NYPD investigative operations expertise and socialized CILC at the NYPD and set-up meetings with the brass, while Iverson supported CILC for criminal justice institutions," says Banks. "Shannon was being paid $50-60/hr. and Iverson $35/hr.," adds Lisa Stewart of A Just Cause.
"If the program was a phony, why spend all of this money to improve it and try to meet the needs of potential and interested customers," questions Sarokin. Kirsch and the FBI were aware that prior to the FBI raiding IRP Solutions, Hilberry sent an affidavit to the FBI speaking for himself, Epke and Fuselier. "IRP Solutions had a viable law enforcement product and appeared to be moving forward to acquire state and federal law enforcement contracts for their product," said Hilberry. According to the FBI search warrant affidavit, IRP Solutions was a "purported" software company.
"The FBI obtained the search warrant to raid the business based on inaccurate information, and Kirsch presented CILC as a phony product so he could paint the IRP6 as scam artists," says Banks. "The entire case against the IRP6 was a fraud. These six men never committed a crime," concludes Banks.
Judge Sarokin recently released the following dramatic theatrical play on YouTube where the IRP6 are portrayed by actors addressing many more "strange" issues in this case. "These men deserve to be immediately freed from prison," says Stewart, "and we ask you to view the video and sign the petition at change.org at its conclusion."
Case No. 09-cr-00266-CMA-1
A Just Cause