In The United States District Court For The Southern District of New York

Docket NO: 04cr1224 and 05cr1115 (SDNY) (52B-2)
Submitted by:
/s/ Ulysses T. Ware
_____________________________
Ulysses T. Ware, (the “Prevailing Party”), Petitioner
123 Linden Blvd.
Suite 9-L
Brooklyn, NY 11226
(718) 844-1260
Utware007@gmail.com
Submitted on October 28, 2021
In the United States District Court

For the Southern District of New York
____________________________
Supplement #1.0 to October 25, 2021, Emergency Motion for Leave to
Compel the United States to file all Rule 5K documents, filings, pleadings,
memorandums, Brady, Giglio, and Rule 16 materials related to United
States v. Ulysses Ware, 05cr1115 (SDNY) regarding Government
“principal witness” Jeremy Jones, or any other person pursuant to the US
Attorney’s Manual Sections 9-24.400 to 410, Exhibit 2, infra.
_________________________
Certificate of Service
I Ulysses T. Ware have this 28th day of October 2021, served the United States DOJ’s
lawyer, Damian Williams (SDNY), with a copy of this pleading via email to
Damian.Williams@usdoj.gov, Jeffrey R. Ragsdale at Jeffrey.Ragsdale@usdoj.gov,
and Marlon G. Kirton, Esq. at kirtonlawfirm@gmail.com.
Page 1 of 21
Thursday, October 28, 2021
Re: 52B-2 Supplement #1.0 to October 25, 2021, Emergency Application regarding USSG 5k1.1
documents of Government “principal witness” Jeremy Jones.
Overwhelming “Clear and Convincing”
evidence of the repeated willful
violations of 18 USC 401(3), criminal
contempt by DOJ prosecutors and
federal judges; and US Attorney Manual
Ethical Standards within the purview of
Local Rule District Court (SDNY) 1.5(b)(5)
sanctions.
Page 2 of 21
DOJ Executive Leadership in Civil and willful
Criminal Contempt of the Brady Court Orders,
Exhibits 3 and 4, infra, and Court Judgments.
U.S. Attorney Damian Williams (SDNY)
Page 3 of 21
Page 4 of 21
Exhibit 1
Page 5 of 21
Exhibit 2
U.S. Attorney’s Manual
9-27.400 to 410 - PLEA AGREEMENTS GENERALLY
The Commission has recognized those bases for departure that are commonly
justified. Accordingly, before the government may seek a departure based on
a factor other than one set forth in Chapter 5, Part X, approval of the United
States Attorney, appropriate Assistant Attorney General, or designated
supervisory official is required. This approval is required whether or not a case
is resolved through a negotiated plea.
Section 5K1.1 of the Sentencing Guidelines allows the United States to file a
pleading1 with the sentencing court2 which permits the court to depart
below the indicated guideline, on the basis that the defendant provided
substantial assistance in the investigation or prosecution of another.
Authority to approve such pleadings is limited to the United States
Attorney, the Chief Assistant United States Attorney, and supervisory
criminal Assistant United States Attorneys, or a committee including
at least one of these individuals. Similarly, for Department of Justice
attorneys, approval authority should be vested in a Section Chief or Office
Director, or such official's deputy, or in a committee which includes at least
one of these individuals.
Every United States Attorney or Department of Justice Section Chief (or
Assistant Chief) or Office Director shall maintain documentation of the
facts behind and justification for each substantial assistance pleading.
1 The Government is required to “file a pleading” with the District Court which is required to be
docketed and publicly filed into the record of the court pursuant to Fed. R. Crim. P. 55. Which
was not done by the Government with respect to “principal witness” Jeremy Jones’ USSG 5k1.1
downward departure. No 5K1.1 “pleading” was filed on the docket with the District Court, and
therefore, as a matter of law, Jones’ illegal downward departure is null and void ab initio. Jones
illegal sentence is required to be vacated and Jones resentenced.
2
District Judge William H. Pauley, III (deceased) in U.S. v. Ware, 05cr1115 (SDNY).
Page 6 of 21
The repository or repositories of this documentation need not be the case file
itself. Freedom of Information Act or other considerations may suggest that a
separate form showing the final decision be maintained.
The procedures described above shall also apply to Motions filed pursuant to
Rule 35(b) of the Federal Rules of Criminal Procedure, where the sentence of
a cooperating defendant is reduced after sentencing on motion of the United
States. Such a filing is deemed for sentencing purposes to be the equivalent
of a substantial assistance pleading.
The concession required by the government as part of a plea agreement,
whether it be a "charge agreement," a "sentence agreement," or a "mixed
agreement," should be weighed by the responsible government attorney in
the light of the probable advantages and disadvantages of the plea disposition
proposed in the particular case. Particular care should be exercised in
considering whether to enter into a plea agreement pursuant to which the
defendant will enter a nolo contendere plea. As discussed in JM 9-
27.500 and JM 9-16.000, there are serious objections to such pleas and they
should be opposed unless the appropriate Assistant Attorney General
concludes that the circumstances are so unusual that acceptance of such a
plea would be in the public interest.
[updated February 2018] [cited in JM 9-16.300; JM 9-16.320; JM 9-
27.300; JM 9-28.1300]
Page 7 of 21
Exhibit 3
May 19, 2006, Dkt. 17, Brady Court Order entered in
U.S. v. Ware, 05cr1115 (SDNY) (Pauley, J.)
Page 8 of 21
Exhibit 3-1
Page 9 of 21
Exhibit 4
August 10, 2007, Dkt. 32, Brady Court Order entered in
U.S. v. Ware, 04cr1224 (SDNY) (Sweet, J.) (deceased).
Page 10 of 21
Exhibit 4-1
Page 11 of 21
Exhibit 5
Concealed and suppressed Brady exculpatory evidence
Page 12 of 21
Exhibit 6
FINRA May 17, 2021, confirmed the unregistered
broker-dealer status of the “Civil Plaintiffs” named in
para. 8 of the U.S. v. Ware, 04cr1224 (SDNY) indictment.
Page 13 of 21
Exhibit 7
Concealed and suppressed Brady exculpatory evidence:
Conspiracy to obstruct justice by federal judge Robert W.
Sweet and the USAO. “Lawful” was a factual element of
proof by the Government.
Page 14 of 21
Exhibit 8
Concealed and suppressed Brady exculpatory evidence.
SEC Brady Exculpatory Official Email confirmed by Exhibit
8.1, infra.
Page 15 of 21
Exhibit 8-1.1
Page 16 of 21
Exhibit 8-1.2
Page 17 of 21
Exhibit 9
Willful and known perjury of FBI analyst Maria Font at trial in U.S.
v. Ware, 05cr1115 (SDNY), suborned by AUSAs Alexander H.
Southwell and Steven D. Feldman.
Page 18 of 21
Exhibit 10
Page 19 of 21
Exhibit 11
Para. 33 of the SEC’s 03-0831 (D. NV) unsigned
complaint. A binding judicial admission by the USA there
was no “artificial inflation” of INZS and SVSY’s stock
“price.”
Page 20 of 21
Exhibit 12
Concealed and suppressed Brady impeachment evidence regarding
04cr1224 Government FRE 404(b) witness SEC lawyer “Jeff Norris”
concealed and suppressed by AUSAs Maria E. Douvas, Nicholas S.
Goldin, Sarah E. Paul, Katherine Polk-Failla, Margaret Garnett,
Alexander J. Wilson, Sarah K. Eddy, Melissa Childs, John M.
McEnany, U.S. Attorneys Michael J. Garcia, Joon Kim, Preet
Bharara, Audrey Strauss, Damian Williams, the SEC, and Judge
Robert W. Sweet (deceased).
Page 21 of 21

In The United States District Court For The Southern District of New York

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

In The United States District Court For The Southern District of New York

Uploaded by

Copyright:

Available Formats

Docket NO: 04cr1224 and 05cr1115 (SDNY) (52B-2)

In the United States District Court

U.S. Attorney Damian Williams (SDNY)

You might also like