Office of Ulysses T.

Ware
123 Linden Blvd.
Suite 9-L
Brooklyn, NY 11226
(718) 844-1260
Utware007@gmail.com

October 6, 2021

Mr. Damian Williams

Office of the United States Attorney
For the Southern District of New York
1 St. Andrews Plaza
New York, NY 10007

USAO’s FULL COMPLIANCE WITH BRADY COURT ORDERS

RE: United States v. Ware, 04cr1224 (SDNY), Dkt. 32, August 10, 2007, Brady court Order (Sweet,
J.) and United States v. Ware, 05cr1115 (SDNY), May 19, 2007, Dkt. 17, Tr. 5-9, Brady court order,
(Pauley, J.), jointly, (the “Brady Court Orders”).

Mr. Williams:
Mr. Ware writes in regard to the above referenced Brady Court Orders which ordered you
and your office, the USAO, to disclose all Brady exculpatory and impeachment evidence “prior to
trial.”1 That was knowing, willfully, in bad faith, deliberately and intentionally not done by the
line prosecutors in 05cr1115, AUSAs Alexander H. Southwell, Steven D. Feldman, and Nicholas S.
Goldin and their supervisors; and in 04cr1224, not done by AUSAs Nicholas S. Goldin and Maria
E. Douvas and their supervisors. The record cannot be disputed, and the evidence is
overwhelming that the USAO knowingly, willfully, and in bad faith concealed, suppressed, and
willfully hid dispositive Brady exculpatory and impeachment evidence that would have caused a

1
See Exhibits 1 and 2 attached to Exhibit A.

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RE: USAO’s full compliance with the Brady Court Orders.
different outcome.2 Mr. Williams, there is little doubt that your office and your predecessors all
willfully resisted and disobeyed the Brady Court Orders, definitive civil and criminal contempt of
the Brady Court Orders, 18 USC 401(2), and 401(3), criminal contempt.
Mr. Williams, I am sure that you understand and appreciate your duties and obligations
to fully comply with the Brady Court Orders given that you are now the United States Attorney
(SDNY). The buck stops with you. It is your direct responsibility as an officer of the court to notify
the District Court that the USAO did not fully comply with the Brady Court Orders and bring forth
all Brady evidence that has not been previously disclosed, albeit belatedly.
Mr. Williams given the seriousness of this matter where time is of the essence, and given
Mr. Ware has, is currently, and will continue to suffer irreparable harms, injuries, and damages
to his personal and business interests unless Damian Williams comes forth as a government
lawyer, an officer of the court, and informs the District Court of the Government’s noncompliance
with the Brady Court Orders, it is imperative that that matter is swiftly resolved, one way of the
other. Either you are going to do your sworn duty and comply with the Brady Court Orders, or on
the other hand, you can do nothing and hope this matter just goes away. That will not happen.
Accordingly, Mr. Ware is requesting that not later than 12:00 noon on Friday, October 8,
2021, time of the essence, you, Damian Williams, admit or deny that “all” Brady exculpatory and
impeachment evidence was disclosed to Mr. Ware “prior to trial”; and all Brady exculpatory and
impeachment evidence has been disclosed to Mr. Ware by the USAO as required by the Brady
Court Orders.
Mr. Williams, please understand that to not fully comply with the terms and conditions
of the Brady Court Orders subjects you to civil and criminal contempt of the Brady Court Orders,
which if you are found to be in criminal contempt, 18 USC 401(2) and 401(3), of the Brady Court
Orders, then you are required to be criminally prosecuted which will likely end your professional
career as a federal prosecutor. And your conduct is likely a violation of DOJ Rules of Professional
Responsibility within the purview of Local Rule District Court (SDNY) 1.5(b)(5). A very serious and
dubious place for a federal prosecutor to find himself.
Mr. Williams the choice is yours to make. Either fully comply with the Brady Court Orders
or, be held in civil and/or criminal contempt of the Brady Court Orders.
Mr. Williams if you and the USAO in any way can dispute in good faith and assert as an
officer of the court that the Brady Court Orders were fully complied with as required by the Brady

2
See Exhibit A attached hereto for a portion of the Brady exculpatory and impeachment evidence that
has been recently uncovered by Mr. Ware’s private investigators. Brady evidence that was subject to the
Brady Court Orders.

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Wednesday, October 6, 2021
RE: USAO’s full compliance with the Brady Court Orders.
Court Orders then inform Mr. Ware in writing not later than 12:00 noon, on October 8, 2021,
time of the essence. Else, Mr. Ware will presume, and you and the USAO will be deemed to be
subject to estoppel by acquiesce that the Brady Court Orders were willfully, knowingly, in bad
faith, and deliberately resisted and disobeyed.3

Sincerely,

/s/ Ulysses T. Ware

________________________________________
Ulysses T. Ware

Cc: U.S. Department of Justice, Criminal Division

Attachment: Exhibit A

3
See Local Rule District Court (SDNY) 1.5(b)(5).

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RE: USAO’s full compliance with the Brady Court Orders.