Supp. Ex.

10 to AIS Claim 15
Filed in:
Ware v. USA, et al., 22cv1531 (EDNY)(LDH)(LB)
/s/ Ulysses T. Ware
April 21, 2022, submitted for filing.
___________
“All evil deeds eventually come into the light.”

PLEASE BE ADVISED AND TAKE NOTICE:

Introduction:
I.
Ulysses T. Ware, the Petitioner in Ware v. United States, et al., 22cv1531
(EDNY)(LDH)(LB), being the criminal racketeering victim of LaShann DeArcy Hall’s, et al.,

1. intentional, willful, reckless, negligent, callous, wanton, and egregious criminal

judicial misconduct, the criminal prosecutorial misconduct committed by the
USAO (SDNY) and USAO (EDNY),
2. the attempted cover-up, and suppression of the money laundering, extortion,
and violations of N.Y. Penal Law §190.40, the criminal usury law, committed by
Alpha Capital, AG (Anstalt), 1
3. the many instances of civil and 18 USC 401(3) criminal contempt of the Brady
Court Orders by AUSA Alexander H. Southwell and others,2

Petitioner Ulysses T. Ware to protect his absolute constitutional right to due process of
law has filed this Notice of Federal Tort Claim and named LaShann DeArcy Hall, an unindicted

1
See 22cv1531 (EDNY), Dkt. 1-6 (AIS Claim #14 re: criminal money laundering, extortion, and loan-sharking charges
against Alpha Capital, AG (Anstalt), the international Hobbs Act racketeering continuing criminal enterprise).

2
See Id., Dkt. 17 and 18.

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RE: Notice of Federal Tort Claim Act filing.
co-conspirator, for criminal judicial misconduct, aiding and abetting and actual civil and criminal
contempt of the Brady Court Orders,3 and civil and criminal violations of New York State Tort law
in her official capacity, along with the others that have aided and abetted LaShann DeArcy Hall
violate federal law, 18 USC 2, 157, 201, 241, 242, 371, 1512, 1956-57, and 1962(a-d), felony
criminal offenses.

II.

I Ulysses T. Ware, hereby this 21st day of 2022, submit this request for a referral to the
U.S. Department of Justice’s Office of Public Integrity and the DOJ’s Criminal Division to
immediately open a criminal investigation of LaShann DeArcy Hall and the persons named
herein for criminal public corruption regarding the actual innocent habeas corpus proceedings
in Ware v. United States, et al., 22cv1531 (EDNY)(LDH)(LB); and United States v. Ware, 04cr1224
(SDNY), and United States v. Ware, 05cr1115 (SDNY).

April 21, 2022

/s/ Ulysses T. Ware

3
See Id., Dkt. 1, Exhibits 2 and 3.

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 Office of Ulysses T. Ware
123 Linden Blvd.
Suite 9-L
Brooklyn, NY 11226
(718) 844-1260
Utware007@gmail.com
Via certified mail#: 4020 2250 3001 0336 5222

April 21, 2022

Notice of Federal Tort Claim Act Filing

The Hon. Roslynn R. Mauskopf
Executive Director
Administrative Office of the U.S. Courts
1 Columbus Circle, NE
Washington, D.C. 20530

RE: Notice of Federal Tort Claim Filing, 28 USC 2671-2680, against District Judges,
Laura Taylor-Swain (SDNY), LaShann DeArcy Hall (EDNY), and Barbara S. Jones
(SDNY); Circuit Judges (2d Cir.) Robert A. Katzmann (deceased), and Peter W. Hall
(deceased); and Ruby Krajick, (Clerk’s Office SDNY), Geselle LNU, (Pro se clerk’s
office (EDNY), jointly, (the “Unindicted Co-conspirators”).

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 I.

A. Federal Claims of Torts (New York and Georgia) committed by District Judge LaShann
DeArcy Hall (EDNY), Chief District Judge (SDNY) Laura Taylor-Swain, Barbara S. Jones (SDNY)
(retired), Peter W. Hall (2d Circuit)(deceased), Robert A. Katzmann (deceased) (2d Circuit), Ruby
Krajick, and Giselle LNU (pro se clerk’s office (EDNY)), while acting in their official capacity as a
United States District Judge, a United States Court of Appeals Judge, and Court clerk, a judiciary
employee, in their official, individual, and personal capacity, respectively., jointly (the
“Tortfeasors” or “Unindicted Co-conspirators”)).
Beginning from on or about May 1, 2020, to the present, the Tortfeasors have committed,
pursuant to 28 USC 2671-2680, torts of:

Chief District Judge (SDNY) Laura Taylor-Swain

1. deceit,
2. fraud,
3. misrepresentation,
4. theft, perjury, bribery, money laundering,

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 5. securities fraud, conspiracy to commit securities fraud,
6. extortion, kidnapping, aiding, and abetting, fraud on the court,
7. abuse of process, conspiracy, bankruptcy fraud, mail, and wire fraud,
8. conversion, intentional infliction of emotional distress,
9. civil and criminal contempt of Brady Court Orders,
10. aiding and abetting the criminal and civil contempt of Brady Court Orders, and
11. aiding and abetting the criminal usury violations of N.Y. Penal Law 190.40, the
criminal usury law in regard to the Illegal Contracts, (GX 1-4 and GX-5) entered in
United States v. Ware, 04cr1224 (SDNY),
12. money laundering, aiding and abetting money laundering by international Hobbs
Act continuing criminal enterprise Alpha Capital, AG (Anstalt) run and operated
by NYC-based unregistered broker-dealer LH Financial Services and unregistered
investment advisor Ari Rabinowitz;
13. aiding and abetting loan sharking by Alpha Capital, AG (Anstalt);
14. aiding and abetting the collection of an illegal debt created by Alpha Capital, AG
(Anstalt), in violation of 18 USC 1961(6)(A);
15. refused to recuse themselves in judicial proceedings, and concealed, hid, and
attempted to cover up disqualifying judicial conflicts of interests;
16. violated the Codes of Conduct for Federal Judges and Employees by violating Fed.
R. Civ. P. 79(a) by the refusal to immediately file and docket all pleadings
submitted in Ware v. USA, et al., 22cv1531 (EDNY);
17. refused to enter the required 28 USC 2243 show cause order or grant the writ of
habeas corpus in Ware v. USA, et al., 22cv1531 (EDNY);
18. criminally delayed, obstructed, and impeded the actual innocent habeas corpus
proceedings in Ware v. USA, et al., 22cv1531 (EDNY) as an overt act, performed
as a knowing and willing participant in an illegal association-in-fact, a criminal
enterprise, to criminally violate N.Y. Penal Law, the criminal usury law, §190.40,
regarding the racketeering crimes of Alpha Capital, AG (Anstalt), in the extortion

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 of the Claimants and other out or more than +$5.0 billion in illegal profits and
proceed generated by the criminal enterprise’s (Alpha Capital, AG (Anstalt), et al.)
activities;
19. knowingly, willingly, and deliberately obstructed, delayed, and impeded judicial
proceedings in the federal courts in New York and elsewhere that related to Alpha
Capital, AG (Anstalt), and its affiliates, agents, partners, and others that have
aided and abetted Alpha Capital, AG (Anstalt) to evade the civil and criminal laws
of the United States, and various states, the international money laundering
criminal enterprise, that has caused injury, damages, and harms to the Claimants
in their personal and business interests; and
against the personal and business interests of Ulysses T. Ware, Group Management, Silver
Screen Studio Group, and Global One Investment Group Holdings, jointly, (the “Claimants”),
while acting and functioning negligently and wrongfully, in their official capacities, which caused
Claimants tremendous injury, harm, and damages.

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 Declaration of Ulysses T. Ware
I Ulysses T. Ware this 21st day of April 2022, under oath, subject to the penalty of perjury,
pursuant to 28 USC 1746, having personal knowledge of the facts, in the City of Brooklyn, NY set
my hand and seal and have made this Declaration of Fact, and state the following facts, to wit:

Fact 1

I incorporate by reference, in heac verba, and include in full the pleadings filed in Ware v. United
States, et al., 22cv1531 (EDNY)(LDH)(LB), including the Declarations of Ulysses T. Ware as the
factual basis for the New York State and Georgia State torts of abuse of process, deceit,
misrepresentation, conspiracy, fraud on the court, mail and wire frauds, civil and criminal
contempt, and fraud knowingly and willfully committed by the Judges and the Clerk against the
Claimants, high crimes and misdemeanors, impeachable offenses, criminal usury, money
laundering, extortion, bribery, perjury, misprison of a felony, and racketeering to obstruct the
due administration of justice.

Fact 2

The Judges and the Clerk colluded, conspired, and acted in concert with each other and
with others and have knowingly, willfully, in their official capacity, personal and individual
capacity since on or around September 2005 continuing without interruption to the present, April
21, 2022, and beyond, covered up, hid, concealed, suppressed, and used the processes and
procedures of the United States to act in concert, to collude, to conspire, to racketeer to obstruct
the normal and proper functioning of the Courts and clerk’s office of the United States and
egregiously abused the processes and procedures of the courts and the judiciary to intentionally
and deliberately, willfully in bad faith, deny the Claimants due process of law to present claims
to the courts for timely judicial processing of the merits of the claims.

Fact 3

The Judges and the Clerks colluded, conspired, and acted in concert with each other and with
others and have knowingly, willfully, in their official capacity, personal and individual capacity,
since on or around September 2007 continuing without interruption to the present, April 21,
2022, and beyond, knowingly covered up, hid, concealed, suppressed, and used and abused the
processes and procedures of the United States courts and other departments to act in concert,
to:

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 • lie, commit perjury, obstruct justice, mail and wire fraud, civil and criminal contempt of
lawful court orders and judgments,
• to collude, to conspire, to racketeer to obstruct the normal and proper functioning and
administration of the Courts and clerk’s office of the United States by refusing to properly
and timely file and docket pleadings submitted to the court as required by the Federal
Rules of Procedure;
• refused to adjudicate to final order motions and other applications submitted to the
courts;
• refused to timely enter all rulings and orders on the correct dockets;
• refused to apply the correct rules of law to the facts;
• refused to properly apply the correct rules of law to the facts;
• egregiously lied, committed perjury, and mail and wire frauds in communicating with the
Claimants;
• knowingly and willfully resisted, avoided, obstructed, hindered, impeded, and generally
disobeyed lawful court orders and judgments in civil and criminal contempt, 18 USC
401(2) and 401(3), and other overt acts in furtherance of the conspiracy to hide, conceal
and suppress Brady exculpatory evidence required to be disclosed pursuant to the Brady
Court Orders.

Fact 4

Laura Taylor-Swain, a complete fraud, a criminal4, and completely incompetent in law,

has since beginning on or around July 12, 2021, in the Southern District of New York, and LaShann

4
18 USC 401(2) and 401(3), criminal contempt, “is a crime in the ordinary sense.” Bloom v. Illinois, 391
U.S. 194, 201 (1968). (emphasis added). A high crime or misdemeanor, an impeachable offense, abuse of
process, fraud on the court, fraud, deceit, misrepresentation, and egregious violations of the Code of
Conduct for Federal Judges. Criminal contempt of lawful Brady Court Orders and the Court Judgments has
been willfully and knowingly committed by Hall, Taylor-Swain, Katzmann, Peter W. Hall, Ramos, Pauley,
Sweet, Hagenau, and Thomas as overt criminal acts in furtherance of the ongoing conspiracy to obstruct
the administration of justice by suppressing, concealing, hiding, and covering up material Brady
exculpatory evidence the “Civil Plaintiffs” named in para. 8 of the 04cr1224 indictment, also appeared in
the 03-93031 (BC NDGA) Chapter 11 proceedings as petitioners, have never registered with FINRA as
lawful broker-dealers as required by federal law, 15 USC 78o(a)(1).

Consequently, L. Hall, Taylor-Swain, Ramos, Pauley, Sweet, Hagenau, and Thomas knew that the
respective federal courts lacked subject matter jurisdiction to grant unregistered broker-dealers any
judicial relief, and thus, each knowingly acted in concert to obstruct justice, violate the Codes of Conduct
for Federal Judges, abused the processes and procedures of the Federal Rules of Procedure, committed
civil and criminal contempts, and knowingly prepared, mailed and wired false and fraudulent docket
reports in the U.S. Mails, in an attempt to deceive the public, the Claimants, and the courts, and all

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DeArcy Hall in the Eastern District of New York, while acting in her official capacity as a federal
judge; and acted in their individual, and personal capacity, knowingly, willfully, in bad faith
deliberately abused the processes and procedures of the federal courts, violated the Code of
Conduct for Federal Judges, lied, committed perjury, colluded, acted in concert, and conspired
with Alpha Capital, AG (Anstalt), Merrick B. Garland, Ari Rabinowitz, Kenneth A. Zitter, Esq.,
Audrey Strauss, Melissa Childs, John M. McEnany, Damian Williams, Breon Peace, Nina C. Gupta,
and others known and unknown and committed the following criminal and tortious acts in
violation of the statutes of the United States and the State of New York, to wit:

1. 18 USC 401(2) and 401(3), criminal contempt, a high crime and misdemeanor, an
impeachable offense, of the lawful Brady Court Orders and Court Judgment by
assisting, aiding, and abetting the DOJ’s lawyers to resist, avoid, impeded,
obstruct, delay, hinder, and generally disobey the lawful commands and inherent
preclusive effects of the Brady Court Orders and Court Judgements by refusing to
enforce the Brady Court Orders and the Court Judgments, egregious abuse of
process, fraud on the court, misrepresentation, deceit, and fraud;
2. Violated numerous canons of the Code of Conduct for Federal Judges by refusing
to sua sponte recuse himself where Ramos knew that he possessed material Brady
exculpatory evidence and information regarding Alpha Capital, AG (Anstalt)
gained from the 18cv08175 (SDNY) (Ramos, J.), proceedings, and while knowing
that he would be subpoenaed and compelled to testify as a material witness in
any evidentiary hearing on the Claimants’ (Ulysses T. Ware’s) undocketed and
docketed pending emergency applications to enforce the Brady Court Orders filed
in the District Court (SDNY);
3. Ramos, L. Hall, Taylor-Swain, Jones, Katzmann, P. Hall, Pauley, Sweet, Hagenau,
and Thomas have intentionally and knowingly colluded, conspired, acted in
concert, covered up, hid, suppressed, concealed, lied, committed a fraud on the
court, committed fraud, mispresented the law and the facts, practiced malicious
and insidious deceit, and abused the processes and procedures of the Article III
federal courts by their knowing, deliberate, and adamant refusal of all requests
for the 03-93031 (BC NDGA),5 04cr1224 and 05cr1115 (SDNY) federal courts to

deliberately and willfully misrepresented the law and the facts concerning the Claimants’ legal rights to
enforce the Brady Court Orders and the Court Judgments, an egregious fraud on the court.
5
The Claimants are 11 USC 1109(b) statutory parties in interest in GPMT’s Chapter 11 proceeding, In re
Group Management Corp., 03-93031 (BC NDGA), and all had an absolute legal right to appear, raise any
issues, and be heard regarding the lawful status of the “Civil Plaintiffs” (unregistered broker-dealers, see
Exhibit 7, certified by FINRA on May 17, 2021) and the subject matter jurisdiction of the Bankruptcy Court
(NDGA) to have granted any judicial relief, dismissed GPMT’s Chapter 11 case with prejudice (Murphy, J.),
in the “clear absence of all jurisdiction.” A fraud on the court by Murphy, J., Hagenau, Bihary, J., and

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 “affirmatively confirm”6 the courts’ Article III and 18 USC 3231 subject matter
jurisdiction over the proceedings before reaching the merits of the claims of Alpha
Capital, AG, et al., the “Civil Plaintiffs” (unregistered broker-dealers and Section
2(a)(11) statutory underwriters of GPMT’s securities) in 03-93031 and the
Government presented in Dkt. 250:1115, a moot, frivolous, vexatious, filed in bad
faith, and per se frivolous and statutorily barred cause filed in the Bankruptcy
Court (NDGA) and filed in the District Court (SDNY), 05cr1115 (SDNY), May 12,
2021, Dkt. 250:1115;
4. Aided and abetted the violations of N.Y. Penal Law, the criminal usury law, §190.40
in regard to the Illegal Contracts (GX 1-4 and GX-5) entered in United States v.
Ware, 04cr1224 (SDNY)7.

Fact 5.

On April 21, 2022, at 10:00 am, Ulysses T. Ware inquired regarding pleadings submitted
to the District Court (EDNY) in Ware v. USA, et al., 22cv1531 (EDNY). Mr. Ware was informed by
a person known as Geselle LNU (pro se office EDNY) in a very loud, unprofessional, rude, and
angry tone that:

1. “Judge Hall is reviewing your filings now … they are in her chambers … we are not just
going to file whatever you send to us … it’s going to be read and approved before we file
it … you are filing stuff with personal information in it … that is how we do things here ….”
2. Mr. Ware inquired whether or not that was a conflict of interest for Judge Hall to review
pleadings which concerned her personal interests.
3. Geselle responded, “ … I don’t know if that is a conflict of interest, it doesn’t matter we
are not going to file the documents until Judge Hall approves8 them that is that ….”

Mullins, CJ, abuse of process, deceit, misrepresentation, fraud, and conspiracy to obstruct justice in
collusion and agreement with the Atlanta, GA law firm of Kilpatrick, Townsend, & Stockton, LLP, and its
partners, Dennis S. Meir, Esq., John W. Mills, III, J. Henry Walker, IV, and C. Ray Mullins.

6
All Article I and III federal courts are required to “first” as a “threshold matter” “affirmatively confirm”
their subject matter jurisdiction over the pending cause in the court; and if found lacking the “only
function” available to the federal court is “to announce the fact [jurisdiction is lacking] and dismiss the
cause.” Steel Co., 523 U.S. at 94-95 (Scalia, J.).

7
See Ware v. USA, et al., 22cv1531 (EDNY) Dkt. 1-6 (AIS Claim #14)

8
For Judge Hall to review and delay filing of pleading that concern her personal interest is a clear violation
of the Code of Conduct for Federal Judges, a conflict of interest, and violations of federal law, 28 USC
455(a), and (b), the Due Process Clause of the Constitution, and Supreme Court precedent, see In re

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 4. Judge Hall, aided and abetted by the pro se clerk’s office (EDNY), has attempted to cover
up, hid, conceal, and suppress her personal employment history, connections, and loyalty
to Gibson, Dunn, and Southwell, an adverse party to the habeas corpus proceedings.
5. Judge Hall has egregiously, and criminally, obstructed the due administration of justice by
her illegal sealing of the habeas corpus proceedings without any notice to the parties or
the public; an actual innocent habeas corpus judicial proceeding in which Judge Hall has
been made an adverse party-respondent, see Dkt. 17 and 18, which, ipso facto, as a
matter of law, required Judge Hall to have immediately, without delay, recused herself
on April 10, 2022. That she refused to do in violation of the Codes of Conduct for Federal
Judges, 28 USC 455(a), (b), and Supreme Court binding precedent In re Murchison, Id.

II.
A. Sum certain damages claims.

The Claimants, each, assert and claim as actual damages caused by the intentional and
willful torts of Laura Taylor-Swain, LaShann DeArcy Hall, Giselle LNU, Edgardo Ramos, William H.
Pauley, III, Robert W. Sweet, Wendy L. Hagenau, Margaret H. Murphy, Joyce Bihary, Coleman Ray
Mullins, Robert A. Katzmann, Peter W. Hall, Barbara S. Jones, Ruby Krajick, M. Regina Thomas
and Patricia Sinback, damages in the sum certain amount of $2.225 billion dollars, jointly and
severally, on each claim of abuse of process, fraud, deceit, misrepresentation, fraud on the court,
conspiracy, conspiracy to commit bankruptcy fraud, aiding and abetting, civil and criminal

Murchison, 349 U.S. 133, 136 (1955) (“A fair trial in a fair tribunal is a basic requirement of due process.
Fairness, of course, requires an absence of actual bias in the trial of cases. But our system of law has
always endeavored to prevent even the probability of unfairness. To this end, no man [or woman, i.e.,
Judge LaShann DeArcy Hall] can be a judge in h[er] own case, and no man [or woman] is permitted to
try cases where he [or she] has an interest in the outcome. That interest cannot be defined with
precision. Circumstances and relationships must be considered.”). (emphasis added).

Judge Hall has a clear actual and apparent conflict on interest in Ware v. USA, et al., 22cv1531(EDNY)
which she concealed, hid, and attempted to cover up regarding her past employer the NYC law firm of
Gibson, Dunn, & Crutcher, LLP and former AUSA Alexander H. Southwell. Both Southwell and Judge Hall
worked together at Gibson, Dunn, and both are charged with willful criminal contempt of the Brady Court
Orders, Dkt. 1, Exhibits 2 and 3. Judge Hall has criminally delayed, obstructed, and impeded the actual
innocent habeas corpus proceedings as a favor to Gibson, Dunn and Southwell, an illegal gratuity, a bribe
in kind, a high crime and misdemeanor, an impeachable offense. A violation of the Code of Conduct for
Federal Judge for her refusal to sua sponte recuse herself from the proceedings. See 28 USC 455(a), (b).

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contempt, loan sharking, N.Y. Penal Law §190.40, the criminal usury law,9 and conspiracy to
obstruct the due administration of justice committed against the Claimants.

B. Equitable tolling of any statute of limitation.

All statutes of limitation are hereby tolled given the active and criminal violations
committed by each tortfeasor to conceal, suppress, cover-up, and hide material actual innocent
Brady Exculpatory evidence and other evidence of their crimes and torts from the Claimants;
evidence that was only recently uncovered on May 17, 2021, see 22cv1531 (EDNY), Dkt 1, Exhibit
7, due to the fraud on the court, deceit, misrepresentations, abuse of process, fraud, and willful
refusal to file, docket, and adjudicate pleadings submitted to the courts by the Claimants; and
due to the March 15, 2022, decision by the Court of Appeals (2d Cir.) in Adars Bays, LLC v.
Genesys ID, Inc., 18-3023 (2d Cir.), see Dkt. 1-4 (Appx. 7) in Ware v. USA, et al., 22cv1531 (EDNY).

End of Document

Signed this 21st day of April 2022, under oath, pursuant to the penalty of perjury, 28 USC 1746,
having personal knowledge of the facts, in Brooklyn, NY.

/s/ Ulysses T. Ware, individually, and as the legal

Representative of Group Management, Silver Screen Studio Group,
and Global One Investment Holdings Group, unincorporated business
entities.

/s/ Ulysses T. Ware

___________________________________
Ulysses T. Ware
April 21, 2022
Brooklyn, NY

9
See Id.

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RE: Notice of Federal Tort Claim Act filing.
 Exhibit #1

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RE: Notice of Federal Tort Claim Act filing.
 Docket NO: 22cv1531 (LDH)(LB)
Submitted by:
/s/ Ulysses T. Ware
_____________________________
Ulysses T. Ware, (the “Petitioner”)
123 Linden Blvd., Suite 9-L
Brooklyn, NY 11226
(718) 844-1260
Utware007@gmail.com
March 29, 2022

In the United States District Court

For the Eastern District of New York
Ulysses T. Ware,
Petitioner,

v.
The United States of America (habeas corpus respondent) by and through Merrick B. Garland,
Lisa O. Monaco, Vanita Gupta, Damian Williams, Margaret M. Garnett, Daniel Gitner, and Audrey
Strauss, jointly, (the “DOJ Respondents” or “Government Lawyers”), in their individual and
personal capacities; Edgardo Ramos, individually and personally; and Laura Taylor-Swain,
individually and personally, jointly (the “Federal Judges”), jointly with the DOJ Respondents,
Respondents.
Petitioner’s Exhibit #50: March 29, 2022, Second Inquiry #2.0 on United States
Attorney (EDNY) Breon Peace re: Outstanding Brady disclosures and 18 USC
3231 and Article III standing and subject matter jurisdiction.
__________
United States Attorney (EDNY) Breon Peace was served at
breon.peace@usdoj.gov and AUSA Nina C. Gupta was served on March 29, 2022,
at nina.gupta@usdoj.gov.

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RE: Notice of Federal Tort Claim Act filing.
 Exhibit #50

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RE: Notice of Federal Tort Claim Act filing.
 The Office of Ulysses T. Ware
123 Linden Blvd.
Ste 9-L
Brooklyn, NY 11226
(718) 844-1260
utware007@gmail.com

March 29, 2022

Time of the essence

United State Attorney Breon Peace
United States Attorney’s Office (EDNY)
271-A Cadman Plaza East
Brooklyn, NY 11201

Re: Ware v. United States, 22cv1531 (LHD) (EDNY): the Government’s litigation position viz-
a-viz the N.Y. Penal Law §190.40, the criminal usury law with respect to the government’s trial
exhibits in United States v. Ware, 04cr1224 (SDNY), GX 1-4 (the “Notes”) and GX-5 (the so-
called Subscription Agreement”), jointly, (the “Illegal Contracts”), concerning the Actual
Innocent Claim, Dkt. 1-6, and other pertinent matters.10

Mr. Peace:
I write to you as the government’s representative11 and as a government-lawyer officer of
the court which you have “a duty of complete candor” to the court, and to comply with DOJ Rules

10
Relevant to this discussion are the proceedings in In re Group Management Corp., a/k/a GPMT, 03-
93031-mhm (BC NDGA), see bogus and fraudulent May 21, 2003, Dkt. 28, null and void ab initio order
(dismissal with prejudice, Murphy, J.): entered as a RICO Hobbs Act extortion and money laundering overt
act in furtherance of 18 USC 157, 1961(6)(A) and N.Y. Criminal Usury Law conspiracy to commit
bankruptcy fraud, 18 USC 157, by the bankruptcy court employees; and the Atlanta, GA law firm
Kilpatrick, Townsend, & Stockton, LLP, and its partners Dennis S. Meir, John W. Mills, III, J. Henry
Walker, IV, and C. Ray Mullins, jointly, (the “Unindicted Co-conspirators”).
11
Mr. Peace, please advise whether or not the government in this matter represents the legal interests of the
Atlanta, GA law firms Garland, Samuel, & Loeb, PC and Kilpatrick, Townsend, & Stockton, LLP; and
Manibur S. Arora, Esq., David Levitt, Esq.; Michael F. Bachner, Esq.; Gary G. Becker, Esq.; Marlon G.
Kirton, Esq.; The State Bar of Georgia’s agents and former and current employees, Sims W. Gordon, Jr.,
Esq.; Kenneth A. Zitter, Esq.; Ari Rabinowitz, unregistered broker-dealer LH Financial Services; and the
Atlanta, GA Bankruptcy Court’s employees and others in current violation of N.Y. Criminal Usury Law?

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RE: Notice of Federal Tort Claim Act filing.
of Professional Responsibility and the District Court’s Rules on Professional Conduct for lawyers
appearing before the Court.
I.
Mr. Peace, see Dkt. 1-4, Appx. 7, the March 15, 2022, opinion of the U.S. Court of Appeals
for the Second Circuit in Adar Bays, LLC v. Genesys ID, Inc., 18-3023. In the opinion, the U.S.
Court of Appeals adopted the opinion of the N.Y. Court of Appeals concerning the request for
certification of the two questions put to the Court of Appeals regarding N.Y. criminal usury law
and whether or not a discount feature in a convertible note 12constituted additional interest beyond
the stated interest in the contract.
On both questions the N.Y. Court of Appeals answered in the affirmative; and ruled that a
contract, the Illegal Contracts, which contained a usurious rate of interest was “void ab initio” and
unenforceable, and constituted a violation of the Criminal Usury Law, a class E felony.13
The Adar Bays decision has dire and devastating legal consequences for the government’s
04cr1224 indictment, the proceedings in In re Group Management Corp., a/k/a GPMT, 03-93031-
mhm (BC NDGA)14, and the 02cv2219 (SDNY) lawsuit -- which by the way on December 20,

12
See GX 1-4 in United States v. Ware, 04cr1224 (SDNY).
13
Mr. Peace, posit the following contention: if the Illegal Contracts, GX 1-4 and GX-5, are null and void
ab initio, which they are, as ruled by the N.Y and U.S. Courts of Appeals, which is binding on the
government and the court in this habeas proceeding, and binding on the 04cr1224 district court sub judice
(Sweet, J.) (deceased), binding on the 02cv2219 (SDNY) district court (Sand, J.) (deceased), and binding
on the GPMT Atlanta, GA 03-93031 bankruptcy court viz-a-viz GX-250, GX-251, GX-252, and GX-253,
which it is, then, ipso facto, the 04cr1224 purported indictment was fatally flawed and clearly failed as a
matter of law to charge an 18 USC 401(3) criminal contempt “offense” over which the 04cr1224 district
could lawfully exercise 18 USC 3231 and Article III subject matter jurisdiction.

Therefore, accordingly, the government being the plaintiff in the sub judice criminal proceedings has the
burden of proof and production, see Lujan, 504 U.S. at 560-61, in this stage of the proceedings to
“affirmatively establish,” see Steel Co., 523 U.S. at 93-95, sua sponte, its Article III and 28 USC 547(1)
standing as a “threshold matter” in the habeas proceedings. Id.

A legal impossibility given (i) the Adar Bays decision and (ii) Dkt. 1, Exhibit 7, FINRA’s May 17, 2021,
certification on unregistered broker-dealer status for each of the 02cv2219 (SDNY) “Civil Plaintiffs”.
Accordingly, the 02cv 2219, 03-93031, and 04cr1224 proceedings are moot; and the conviction and
sentence entered in 04cr1224 are null and void ab initio. Steel Co., Id. at 94-95.
14
In 04cr1224, the government via AUSA Maria E. Douvas, knowingly and deliberately in reckless discard
for the law and the facts, as an overt act in furtherance of a government fraud on the court, introduced
into evidence GX-250, GX-251, GX-252, and GX-253, exhibits regarding GPMT’s bankruptcy
proceedings in the Bankruptcy Court (NDGA) with respect to the Illegal Contracts, GX 1-4 and GX-5.
Cf., Dkt. 1, Appx. 6 and Exhibits 16; see also Appx. 3.

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2007, Dkt. 90 (SDNY), pursuant to Fed. R. Civ. P. 41(a)(2) was voluntary, after the statute of
limitations had run on all claims in the complaint, was dismissed with prejudice15by the 02cv2219
(SDNY) “Civil Plaintiffs” -- and for the government’s prosecutors that initiated the bogus and
fraudulent 04cr1224 (SDNY) criminal proceedings—that is, the government’s lawyers committed
a criminal fraud on the grand jury and deliberately misled the grand jury into returning a bogus
null and void ab initio charging instrument16 which as a matter of law, ipso facto, failed to charge
an 18 USC 401(3) criminal contempt “offense.”17
II.
Mr. Peace, on March 24, 2022, Mr. Ware inquired to AUSA Gupta and you regarding the
government’s litigation position with respect to the Illegal Contracts and their legality, viability,
and enforcement given the Adar Bays March 15, 2022, decision. Mr. Ware as of today has received
no response from the government that addressed the dispositive points and issues raised in the

15
See Petition, Dkt. 1, at Exhibit 5. See A.B. Dick Co. v. Marr, 197 F.2d 498, 501-02 (2d Cir. 1952)
(plaintiff’s voluntary dismissal of its lawsuit annulled and vitiated all prior orders [GX-11 andGX-24],
judgments [GX-7] and proceedings [in 02cv2219 and 04cr1224] as if the “lawsuit had never been filed;”
terminated the court’s jurisdiction over the [02cv2219 and 04cr1224] proceedings, and rendered the
[02cv2219 and 04cr1224] proceedings moot). (emphasis added).
16
Mr. Peace as a government-lawyer, officer of the court, you have a “duty of complete candor to the court”
now that you have appeared in 22cv1531, an ethical and professional responsibility duty attached to you
as the United States Attorney (EDNY) to immediately inform the Court in this actual innocent 2241 habeas
corpus proceeding, and the district court sub judice, that the government’s 04cr1224 trial theory and
indictment has been abrogated and annulled by the U.S. Court of Appeals March 15, 2022, opinion in
Adar Bays, Dkt. 1-4, Appx. 7.

Therefore, accordingly, the government cannot advance any nonfrivolous good faith opposition to the
granting of the writ with respect to the null and void ab initio United States v. Ware, 04cr1224 (SDNY)
18 USC 401(3) bogus and fraudulent criminal contempt prosecution.

If so please inform the undersigned not later than March 30, 2022, 12:00 noon, time of the essence, of any
good faith and nonfrivolous opposition the government intends to advance concerning Dkt. 1-4, the Actual
Innocent Claim #14, that is contrary to the U.S. Court of Appeals Adar Bays decision concerning the null
and void ab initio Illegal Contracts, GX 1-4 and GX-5.
17
It is not an “offense” for Mr. Ware, GPMT’s securities lawyer, to not criminally violate the federal
securities laws, 15 USC 77e, 77x, and 78ff, and not draft, sign, and issue, bogus and fraudulent Rule 144(k)
legal opinions to the 02cv2219 “Civil Plaintiffs” in violation of N.Y. criminal usury law and enable an
illegal public offering of GPMT’s restricted securities, GX 1-4. Mr. Ware is actually and factually of all
bogus and fraudulent charges in United States v. Ware, 04cr1224 (SDNY). See Exhibit 46 (submitted to
the Court for docketing and filing on 03.26.22, but as of 03.29.2022, does not appear on the 22cv1531
docket).

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March 24, 2022, Inquiry #1.0. See Exhibit 48 (submitted to the Court for docketing and filing on
03.26.22, but not as of 03.29.2022, does not appear on the 22cv1531 docket).
Accordingly, Mr. Ware is again inquiring regarding the government’s intentions apropos
its “continuing duty” to make Brady exculpatory and impeachment disclosures as required by the
written Brady Court Orders, Dkt. 1 at Exhibits 2 and 3, and DOJ policy, see Dkt. 1 at Exhibits 28
and 28-1.
Mr. Peace, I am sure that you are aware of the District Court’s supervisory authority to
enforce via civil and/or criminal contempt, see Fed. R. Crim. P. 5(f), the commands of written
Brady Court Orders, Dkt. 1 at Exhibits 2 and 3, entered in the district court’s proceedings sub
judice. Which I am sure you are aware that a civil or criminal contempt citation on your office will
have devastating and dire credibility and integrity issues in this and other cases in the Court.18
Thus, Mr. Ware is inquiring again in good faith when, and if, the government intends to
comply with the written commands of the Brady Court Orders fully and completely, Dkt 1,
Exhibits 2 and 3? Mr. Peace, the Brady disclosure issues have reached a gangrenous and critical
juncture and Mr. Ware does intend to, and will, take full advantage of all available legal remedies
to seek enforcement of his legal rights under the Brady Court Orders.
Accordingly, not later than March 30, 2022, at 12:00 noon, time of the essence, please
notify Mr. Ware in writing, either way, whether or not the government does intend to fully and
completely comply with the commands of the Brady Court Orders and make disclosure of all
exculpatory and impeachment materials in the actual and/or constructive possession of the
government; or if the government has no intentions of complying fully and completely with the
commands of the Brady Court Orders, notify Mr. Ware of the government’s legal reasons for its
position.

Sincerely,

/s/ Ulysses T. Ware

cc: AUSA Nina C. Gupta (via email)
USAG Merrick B. Garland (via email to Jeffrey R. Ragsdale)

18
See United States v. Ng, 18cr00538 (EDNY) (criminal proceedings delayed due to government’s
lawyers’ admissions and belated disclosures of Brady materials).

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RE: Notice of Federal Tort Claim Act filing.
Ps: Mr. Peace, would you please inquire on the Office of the District Clerk (EDNY) regarding the
delay in the “timely” docketing of Mr. Ware’s submission to the Court before the matter become
critical?

Filed on ECF on March 29, 2022, at 11:43 am.

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