Dkt. 203 (22cv3409) Ex. 143N-1 Re Rule 1.5 (B) (5) Declaration of Ulysses T. Ware

22cv3409 (SDNY) (143N.
1)
Filed on 3/19/2023 03:22:25 PM
United States District Court
For the Southern District of New York
Ware v. USA, Merrick B. Garland, Edgardo
Ramos, and Laura Taylor-Swain.
___________
Exhibit N-1: Ulysses T. Ware’s Declaration in support of

Local Rule District Court (SDNY) Rule 1.5(b)(5): Lawyer
Disciplinary Proceedings, Claims, and Contentions.
Submitted by:
/s/ Ulysses T. Ware
The Office of Ulysses T. Ware
123 Linden Blvd.
Ste 9-L
Brooklyn, NY 11226
(718) 844-1260
utware007@gmail.com
Sunday, March 19, 2023
Page 1 of 62
(143N.1) Supp. #1.0 Rule 1.5(b)(5) re Declaration of Ulysses T. Ware to the Misconduct Petitions.
Table of Contents
Ulysses T. Ware’s Declaration in support of Local Rule District Court (SDNY) Rule 1.5(b)(5) Lawyer
Disciplinary Proceedings, Claims, and Contentions. ................................................................................... 6
I. .................................................................................................................................................................... 6
A. Factual background of the conspiracy to obstruct justice, commit civil and criminal contempts,
frauds, and frauds on the court, and RICO loan sharking and money laundering continuing criminal
enterprise. .................................................................................................................................................... 6
The February 2002 $1.1M criminal usury unlawful debt, (the “Criminal Usury Unlawful Debt”), made
by the 02cv2219 (SDNY) plaintiffs to IVG Corp., a/k/a Group Management Corp., (OTCBB: GPMT),
(“GPMT”), the defendant in 02cv2219 (SDNY) lawsuit, (the “Criminal Usury Collection Lawsuit”). .... 6
B. Formation of the illegal association-in-fact, a criminal enterprise, for the unlawful purpose and
criminal objective to create and collect RICO criminal usury unlawful debt, 18 USC 1961(6)(B), provide
protection for the participants, and launder the profits and proceeds derived therefrom, the RICO
Unlawful Debt loan sharking conspiracy. .................................................................................................... 9
C. Willful contempts, frauds on the court, conspiracy, racketeering activities, and frauds committed
by Leonard B. Sand. .................................................................................................................................... 14
D. Willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds committed
by Kenneth A. Zitter related to the 02cv2219 (SDNY) lawsuit and the 04cr1224 (SDNY) litigation. ...... 16
E. Willful contempts, frauds on the court, conspiracy, frauds, and racketeering activities committed
by the Atlanta, GA Bankruptcy Court, its judges, and employees related to 02cv2219 (SDNY) Rule 41
Final Judgment in In re Group Management Corp., 03-93031-mhm (BC NDGA), Chapter 11, related to
the 02cv2219 lawsuit, and 04cr1224 (SDNY) litigation, and the 22cv3409 (SDNY) habeas corpus
proceedings. ............................................................................................................................................... 19
F. Willful contempts, frauds on the court, racketeering activity, obstruction of justice, and frauds
committed by Atlanta, GA law firm Kilpatrick, Townsend, & Stockton, LLP., in In re Group
Management Corp., 03-93031-mhm (BC NDGA), Chapter 11. ................................................................. 22
G. Willful contempts, racketeering activities, conspiracy, obstruction of justice, and frauds
committed by the State Bar of Georgia and its employees. ..................................................................... 23
H. Willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds committed
by the District Court (NDGA) regarding the 02cv2219 (SDNY), 04cr1224 (SDNY), and 05cr1115 (SDNY)
proceedings ................................................................................................................................................ 25
I. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by the District Court (SDNY) regarding 02cv2219 (SDNY), 04cr1224 (SDNY), 05cr1115
(SDNY), and 22cv3409 (SDNY).................................................................................................................... 26
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J. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by Office of the United States Attorney (SDNY), (the “USAO”) in regard to 02cv2219
(SDNY), 04cr1224 (SDNY), and 05cr1115 (SDNY). ..................................................................................... 27
K. Willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds committed
by Colleen McMahon in regard to the 02cv2219 (SDNY) lawsuit and 04cr1224 (SDNY). ........................ 29
L. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by the U.S. Probation Office (SDNY), (the “USPO”). .............................................................. 30
Thomas J. McCarthy, David Mulcahy, Michael Fitzpatrick, and Colleen Tyler. .................................... 30
M. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by Laura Taylor-Swain. ............................................................................................................ 31
N. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by Chief Circuit Judge (2d Cir.) Debra Ann Livingston regarding Edgardo Ramos’ crimes, civil
and criminal contempts, and frauds on the court. ................................................................................... 33
O. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by District Clerk (SDNY) Ruby Krajick. .................................................................................... 34
P. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by the U.S. v. Ware, 09-0851cr (2d Cir.) panel: Katzmann (deceased), Hall (deceased), and
Barbara S. Jones (retired)........................................................................................................................... 35
Q. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by the USAO’s 09-0851 appeals team (Bharara, Katherine Polk-Failla, Sarah E. Paul, and
Maria E. Douvas, the “Appeal Team”). ..................................................................................................... 36
R. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by Edgardo Ramos................................................................................................................... 37
S. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by District Judge Thomas W. Thrash, Jr. (NDGA), regarding the 02cv2219 (SDNY) lawsuit,
03-0831 (D. NV), 03-93031 (BC NDGA), 04cr1224, 05cr1115 (SDNY), and 22cv3409 (SDNY). ................. 39
T. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by U.S. Bureau of Prisons. ....................................................................................................... 40
U. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by the Administrative Office of the U.S. Courts. .................................................................... 41
V. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by the U.S. Department of Justice. ......................................................................................... 42
W. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by the U.S. Securities and Exchange Commission, (the “SEC”). ............................................ 43
Jeffrey B. Norris, Joan E. McKown, Spencer C. Barasch, Stephen Webster, et al. ............................... 43
X. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by William H. Pauley, III. ......................................................................................................... 45
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Y. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by Robert W. Sweet. ............................................................................................................... 47
Z. Crimes, willful contempts, conspiracy, frauds on the court, racketeering activity, and frauds
committed by the U.S. Court of Appeals for the Eleventh Circuit (Tjoflat, Wilson, Marcus, and Jordan)
apropos 02cv2219 vis-à-vis 03-93031 (BC NDGA). .................................................................................... 48
End of Declaration ...................................................................................................................................... 49
Exhibits—Suppressed and concealed actual innocent Brady exculpatory and impeachment evidence.
.................................................................................................................................................................... 50
Exhibit 1: Calculation of NYS actual innocent, false incarceration, unlawful detention damages: the
number of days between 11/18/2004 and 03/19/23 and sum certain compensatory actual damages
claim calculation..................................................................................................................................... 51
Exhibit 2: 12/20/2007, Rule 41(a)(2) superseding, voluntary, Final Judgment entered in 02cv2219
(SDNY), which as a matter of law and fact, ipso facto, annulled and vitiated the government’s U.S. v.
Ware, 04cr1224 (SDNY) indictment’s charges, and ipso facto acquitted Ulysses T. Ware, Esq. of all
charges in 04cr1224................................................................................................................................ 52
Exhibit 3: August 18, 2009, Gov-I, final judgment entered in U.S. v. Ware, 07-5670cr (XAP)(2d Cir.),
entered predicated on the USAG’s voluntary, sua sponte, 11/07/2008, dismissal with prejudice, and
termination of the government’s cross-appeal, filed regarding the 05cr1115 (SDNY) district court
(Pauley, J.) October 2007, post-trial Rule 29 rulings in favor of Ulysses T. Ware, to wit Dkt. 99, (1) S.
Tr. 31 L. 18-25; (2) S. Tr. 35-36; and S. Tr. 73-76. The voluntary dismissal of the government’s cross-
appeal triggered the absolute finality of the Double Jeopardy Clause and res judicata against the
Government; was the law of the case, and terminated the Court of Appeals and the 1115 District
Courts’ Article III and 18 USC 3231 subject matter jurisdiction over the 05cr1115 proceedings. ....... 53
Exhibit 3: U.S. v. Ware, 04cr1224 (SDNY), Brady order, Dkt. 32, Sweet, J. (deceased). ...................... 54
Exhibit 3-1: (con’t). ................................................................................................................................. 55
Exhibit 4: U.S. v. Ware, 05cr1115 (SDNY), Brady Order, Dkt. 17 (Pauley, J.) (deceased). ................... 56
Exhibit 4: (con’t). .................................................................................................................................... 57
Exhibit 5: Proof that government witness Jeremy Jones entered an alleged Rule 11 plea in
September 2006, and received a “5k letter” according to Jones’ CJA lawyer Marlon G. Kirton, Esq. 58
Exhibit 5 (con’t). Alleged Sept. 2006 Rule 11 proceedings of a person the government claimed was
“Jeremy Jones.” However, the government has yet to present any proof the person who allegedly
appeared in the magistrate court was in fact the person legally known as Jeremy Jones—the
evidence suggest that no Rule 11 plea was ever entered in 05cr1115—that is, the proceedings were
egregiously and deliberately fabricated by the government as a fraud on the court. ....................... 59
Exhibit 6: FINRA’s actual innocent Brady exculpatory and impeachment evidence, the May 17, 2021,
certification of unregistered broker-dealer status for the 2cv2219 (SDNY) plaintiffs ......................... 60
Exhibit 7: Actual innocent Brady exculpatory and impeachment email evidence suppressed and
concealed by the government and the SEC in the U.S. v. Ware, 05cr1115 (SDNY) proceedings. ....... 61
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................................................................................................................................................................ 61
End of document. ....................................................................................................................................... 62
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Ulysses T. Ware’s Declaration in support of Local Rule District Court
(SDNY) Rule 1.5(b)(5) Lawyer Disciplinary Proceedings, Claims, and
Contentions.
Kings County
Brooklyn, NY
I Ulysses T. Ware, Group Management, and Silver Screen Studios, jointly, (the
“Petitioners”), hereby this 19th day of March 2023,, in Brooklyn, NY by and through Ulysses T.
Ware, who has personal knowledge of the facts, under oath and pursuant to 28 USC 1746, makes
this Declaration of fact in support of Local Rule District Court (SDNY) Rule 1.5(b)(5) Lawyer
Disciplinary Proceedings, Claims, and Contentions, (the “Undisputed Facts”).
I.
A. Factual background of the conspiracy to obstruct justice, commit

civil and criminal contempts, frauds, and frauds on the court, and RICO
loan sharking and money laundering continuing criminal enterprise.
The February 2002 $1.1M criminal usury unlawful debt, (the “Criminal Usury Unlawful
Debt”), made by the 02cv2219 (SDNY) plaintiffs to IVG Corp., a/k/a Group Management
Corp., (OTCBB: GPMT), (“GPMT”), the defendant in 02cv2219 (SDNY) lawsuit, (the
“Criminal Usury Collection Lawsuit”).
a. On or about February 2001 in the Southern District of New York the 02cv2219 (SDNY)
lawsuit’s plaintiffs, then and now unregistered broker-dealers, (the “Unregistered Broker-
Dealers”), made a purported $1.1M loan to GPMT, (the “Criminal Usury Unlawful Debt”).
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b. The terms of the Criminal Usury Unlawful Debt were contained in convertible promissory
note instruments, (the “Convertible Promissory Notes”), and were issued pursuant to a
purported so-called Subscription Agreement, (the “Subscription Agreement”).
c. The Convertible Promissory Notes and Subscription Agreement shall be referred to herein
as (the “RICO Unlawful Debt Illegal Contracts”).
d. Paragraph 10.1(iv) of the Subscription Agreement required GPMT to “register 200%” of
the Criminal Usury Unlawful Debt amount of $1.1M with the SEC on a Form SB-2 for
immediate resale of the securities derived from the Convertible Promissory Notes, (the
“Conversion Securities”).
e. The terms of paragraph 10.1(iv) of the Subscription Agreement and the Convertible
Promissory Notes violated N.Y. Penal Law, section 190.40, the criminal usury law, a class
E felony; and the collection of the Criminal Usury Unlawful Debt violated 18 USC
1961(6)(B).
f. The RICO Unlawful Debt Contracts are illegal contracts that are null and void ab initio,
unenforceable, are criminal usury loan contracts, and the collection of the unlawful debts
terms therein violated 18 USC 1961(6)(B).
g. On or about March 2002, the Unregistered Broker-Dealers, LH Financial Services, Inc., and
Ari Rabinowitz hired Kenneth A. Zitter, Esq. to file a lawsuit, Alpha Capital, AG, et al., v.
Group Management Corp., et al., 02cv2219 (SDNY), (the “RICO Collection Lawsuit”), in
the U.S. District Court (SDNY) (Sand, J.) to collect the Criminal Usury Unlawful Debt.
h. Zitter on behalf of the RICO CCE knowingly, deliberately, willfully, and in bad faith filed a
false, frivolous, and fraudulent complaint, Dkt. 1, in 02cv2219 (SDNY);
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a. which falsely and fraudulently lied and committed perjury and claimed that the
Unregistered Broker-Dealers had suffered an injury-in-fact;
b. lied that the Unregistered Broker-Dealers were required to be repaid the principal
and interest amounts contained in the Illegal Contracts;
c. lied by omission and committed a fraud on the court by not revealing the plaintiffs
were not and had never been registered as broker-dealers;
d. lied by omission and committed a fraud on the court by not revealing the plaintiffs
were 15 USC 77b(a)(11) statutory underwriters of GPMT’s Conversion Securities
and therefore as a matter of law ineligible for any Rule 144 exemption to 15 USC
77e strict-liability registration requirements;
e. in November 2007 Zitter on behalf of the RICO CCE knowingly lied and committed
perjury as a government witness in U.S. v. Ware, 04cr1224 (SDNY), with the
consent and knowledge of the USAO’s prosecutors; Zitter lied and committed
perjury and falsely testified the 02cv2219 plaintiffs are entitled to use Rule 144 as
an exemption to Section 5 of the 1933 Act;
f. Zitter further lied and committed perjury with the consent and knowledge of the
USAO and testified the 02cv2219 court’s orders were lawful orders;
g. On December 20, 2007, less than one month after the 04cr1224 trial concluded,
Zitter and the 02cv2219 Unregistered Broker-Dealers ex parte moved the
02cv2219 district court (Sand, J.) to dismiss the 02cv2219 lawsuit with prejudice
pursuant to Rule 41(a)(2); which ex parte motion was granted by the district court
(Sand, J.), and entered at Dkt. 90, 02cv2219 (SDNY). Ex. 2, infra.
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B. Formation of the illegal association-in-fact, a criminal enterprise, for
the unlawful purpose and criminal objective to create and collect RICO
criminal usury unlawful debt, 18 USC 1961(6)(B), provide protection for
the participants, and launder the profits and proceeds derived therefrom,
the RICO Unlawful Debt loan sharking conspiracy.
a. On or about February 2001, or before, and continuing to the present, without
interruption, in the Southern District of New York, and elsewhere, Alpha Capital,
AG, Stonestreet, L.P., Markham Holdings, Ltd., Amro International, S.A., LH
Financial Services, Inc, Ari Rabinowitz, Solomon Obstfeld, convicted felon Edward
M. Grushko, Barbara R. Mittman, Ari Kluger, fugitive Thomas Badian, and others
known and unknown knowingly agreed, colluded, acted in concert, with unity of
purpose, and conspired to orchestrate and formed an illegal association-in-fact,
(the “Unindicted Coconspirators”); and further agreed and conspired to and did
commit two or more acts of racketeering activities listed in 18 USC 1961(1), or
violate N.Y. Penal Laws, or other state penal laws, for the criminal objectives and
purposes to create, collect, protect, and launder the profits and proceeds derived
from participation in the operations of the criminal usury unlawful loan “business”
operations and criminally used the U.S. banking system, U.S. Senators,1 private
1 New York senator Charles Ellis Schumer and his cronies.
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law firms,2 the U.S. federal courts,3 judges,4 prosecutors,5 and employees, used
the State Bar of Georgia, and their employees,6 used the Supreme Court of
Georgia, and others known and unknown, and used the means and methods of
interstate commerce, the U.S. mail, and wires, (the “RICO Loan Sharking CCE”), to
conduct the operations of the RICO Loan Sharking CCE.
b. On August 13, 2003, Dkt. 65, Judge Sand ruled, ex parte, that Stonestreet, L.P.
“beneficially owned more than 9.9% of the stock of [GPMT];” and thus, ruled ipso
facto ruled that each of the 02cv2219 plaintiffs also “beneficially owned more than
2Paul, Weiss, et al., LLP, Simpson, Thacher, & Bartlett, LLP, Grushko & Mittman, P.C., Kilpatrick,
Townsend, & Stockton, LLP, Garland, Samuel, & Loeb, P.C., and Cleary, Gottlieb, LLP,
3 The Atlanta, GA bankruptcy court, the District Court (SDNY), the District Court (NDGA), the
District Court (D. NV), the U.S. Court of Appeals for the Second Circuit, the U.S. Court of Appeals
for the Eleventh Circuit, the U.S. Court of Appeals for the Ninth Circuit; and the Supreme Court
of the United States.
4 Leonard B. Sand, Peter W. Hall, Robert A. Katzmann, Robert W. Sweet, Colleen McMahon, Laura
Taylor-Swain, Edgardo Ramos, Debra Ann Livingston, Andrew J. Peck, Michael H. Dolinger,
Amalya L. Kearse, Robert D. Sack, Thomas W. Thrash, Jr., Kent J. Dawson, Gerald B. Tjoflat, Stanley
Marcus, Charles R. Wilson, and Adelburto Jordan.
5David N. Kelley, Michael J. Garcia, Alexander H. Southwell, Nicholas S. Goldin, Steve R. Peikin,
Steven D. Feldman, Maria E. Douvas, Sarah E. Paul, Katherine Polk-Failla, Margaret M. Garnett,
Daniel Gitner, Andre Damian Williams, Jr., Audrey Strauss, John M. McEnany, Melissa Childs, Joon
Kim, and Jun Xiang.
6 The RICO CCE in 2007-08 as an overt act in furtherance of its racketeering activities criminally
enticed and used the State Bar of Georgia, its employees, and agents, and the Supreme Court of
Georgia, who knowingly joined and agreed to participate in the RICO CCE, and conspired with
the State Bar and had the State Bar knowingly fabricate a false affidavit of Service; and conspired
and had the State Bar use the known fraudulent and fabricated affidavit of service in fraudulent
disbarment proceedings to have the Supreme Court of Georgia steal Ulysses T. Ware’s license to
practice law in Georgia.
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9.9% of GPMT’s stock;” which ruled that each of the 02cv2219 plaintiffs were 15
USC 78p(b) statutory insiders of GPMT and were therefore prohibited to trade in
GPMT’s equity securities.
c. On September 1, 2004, Zitter conspired with the SEC, the USAO, the 02cv2219
plaintiffs, Judge Sand, the U.S. Marshals, and District Judge Thomas W. Thrash, Jr.
(NDGA) and had Ulysses T. Ware, Esq., (GPMT’s securities counsel), kidnapped by
the U.S. Marshals, with guns drawn, from his law office in Atlanta, GA as the means
and methods to collect the Criminal Usury Unlawful Debt; and Judge Thrash
demanded that Ulysses T. Ware draft and issue fraudulent Rule 144 legal opinions
and issue 10,000,000 free-trading shares of GPMT’s securities, then valued
between $22.25M and $225M of GPMT, to the 02cv2219 plaintiffs, else Mr. Ware
would face indefinite incarceration until the fraudulent legal opinions and
shares were delivered to Zitter and the Unregistered Broker-Dealers ;
d. Judge Thrash as an overt act of kidnapping and unlawful debt collection act, on
behalf of the RICO CCE illegally and unlawfully, in the “clear absence of all
jurisdiction” on September 1, 2004, willfully and in bad faith imposed an illegal
$250,000 bail of Ulysses T. Ware as a criminal ransom to force Mr. Ware to issue
false and fraudulent Rule 144 legal opinions to the Unregistered Broker-Dealers
who were legally ineligible for Rule 144 exemption to Section 5 registration
requirements;
e. on September 9, 2004, without Zitter having been properly admitted to the District
Court (NDGA), Zitter, Judge Sand, and the RICO CCE conspired and colluded with
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Judge Thomas W. Thrash, Jr. who then permitted Zitter to unlawfully appear
before the District Court (NDGA) and fraudulently argue for collection of the
Criminal Usury Unlawful Debt;7
f. on November 17, 2004, the RICO CCE contracted with U.S. Attorney (SDNY) David
N. Kelley, Alexander H. Southwell, and others, and hired and bribed, or gave
favors, or other illegal gratuities to Kelley and the USAO; who then knowingly
fabricated a false and fraudulent indictment, U.S. v. Ware, 04cr1224 (SDNY), that
attempted to charge Ulysses T. Ware with three counts of 18 USC 401(3) criminal
contempt for Ulysses T. Ware refusing to fabricate, create, and issue bogus and
fraudulent Rule 144 legal opinions to the 02cv2219 Unregistered Broker-Dealers
to enable an unregistered public offering of GPMT’s Conversion Securities.
g. In November 2007 the RICO CCE’s participants hired District Judge Robert W.
Sweet to rig and fix the bogus and fraudulent 04cr1224 purported trial in favor of
the USAO by bribing Sweet to enter known bogus, fraudulent, and frivolous legal
rulings, orders, and judgments in favor of the USAO and the RICO CCE to protect
the RICO CCE, its profits, proceeds, and participants.
h. On December 20, 2007, Dkt. 90, after the statute of limitation had run on all claims
in the 02cv2219 complaint, government trial witness in 04cr1224 Kenneth A.
Zitter, Esq., an officer of the court, ex parte, on behalf of the 02cv2219 Broker-
7Judge Sand, Dkt. 88, (02cv2219), subsequently ruled that on September 1, 2004, Judge Thrash
and the U.S. Marshals lacked lawful authority and jurisdiction to have entered the law office of
Ulysses T. Ware and kidnapped Mr. Ware regarding the unlawful collection of the Criminal Usury
Unlawful Debt.
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Dealers demanded the 02cv2219 (SDNY) lawsuit be dismissed with prejudice
pursuant to Fed. R. Civ. P. Rule 41(a)(2).
i. On December 20, 2007, Dkt. 90, District Judge Sand granted the 02cv2219
plaintiffs’ voluntarily demanded Rule 41(a)(2) dismissal with prejudice, and
entered final judgment, (the “Rule 41 Final Judgment”), in 02cv2219 (SDNY) in
favor of and for GPMT, Ulysses T. Ware, Silver Screen Studios, and Elorian and
Becky Landers, jointly, (the “Prevailing Parties”).
j. In 2009 the USAO’s appeal section then run by AUSA Katherine Polk-Failla,
colluded, conspired, and acted in concert with the RICO CCE; and AUSAs Polk-
Failla, Sarah E. Paul, and Maria E. Douvas, with the knowledge and consent of the
U.S. Attorney (SDNY) Preet Bharara, researched, drafted, fabricated, signed, and
on behalf of the RICO CCE submitted to the U.S. Court of Appeals (2d Cir.) a known
to be a bogus and fraudulent government appeal brief while knowing the
02cv2219 (SDNY) underlying criminal proceedings had been voluntarily dismissed
with prejudice on December 20, 2007, which “annulled” “vitiated” and voided the
government’s trial exhibits, GX 7, GX 11, and GX 24, entered in the 04cr1224 trial.
k. In 2010 the U.S. Court of Appeals (2d Cir.) panel Circuit Judges Katzmann, Hall, and
District Judge Barbara S. Jones (SDNY), sitting by designation, was hired by the
RICO CCE to rig and fix in favor of the government and the RICO CCE the moot U.S.
v. Ware, 09-0851cr (2d Cir.) appeal.
l. Circuit Judges Katzmann, Hall, and Jones, while knowing the underlying 02cv2219
(SDNY) lawsuit had been voluntarily dismissed with prejudice on December 20,
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2007, nevertheless, lied, committed perjury, obstructed justice, conspired and
knowingly committed a fraud on the court, as officers of the court, and
purportedly conducted, in the clear absence of all jurisdiction, ultra vires Article III
appellate judicial review on the annulled and then moot GX 7, GX 11, and GX 24
orders and judgments entered in the annulled and mooted 02cv2219 (SDNY)
lawsuit;
m. which frauds on the court, civil, and criminal contempts have caused Petitioners
actual irreparable harms, injuries, and damages in the sum certain amount of
$225,000 per day,8 each and every day beginning on December 20, 2007, and
continuing each day at the sum certain rate of $225,000 each day thereafter until
such time that all civil contempts and frauds on the court are terminated.9
C. Willful contempts, frauds on the court, conspiracy, racketeering

activities, and frauds committed by Leonard B. Sand.
8 The New York state unlawful detainment and unlawful custody compensation is paid at the rate
of $326,000 per day. Notwithstanding actual irreparable harm, injury, and damages to Ulysses T.
Ware’s professional reputation as an attorney at law; and notwithstanding the statutory 3x
damage compensatory and punitive damages available for RICO injuries.
9 There are 5,392 days between 12/20/2007 and 09/24/22 multiplied by $225,000 per day in
irreparable damages = $1.213.2 billion in total civil contempt and fraud on the court
compensation. See Ex. 1, infra.
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a. District Judge Leonard B. Sand, deceased, was hired by the RICO CCE to provide corrupt
judicial services for the collection, 18 USC 1961(6)(B), and protection—obstruction of
justice illegal schemes, for the unlawful profits and proceeds derived by the RICO CCE’s
racketeering activities; and to provide protection for the participants in the RICO CCE and
for their families, friends, and professional privies.
b. Judge Sand knowingly rigged and fixed the 02cv2219 (SDNY) lawsuit’s litigation, and
entered bogus and frivolous orders, GX 11,10 GX 24, and judgments, GX 7, and Dkt. 80,
that enabled the RICO CCE to undertake unlawful collection activities to collect the
Criminal Usury Unlawful Debt in violation of 18 USC 1961(6)(B).
c. Judge Sand on or about November 2002 while he lacked all subject matter jurisdiction
over the 02cv2219 lawsuit entered a purported final judgment, GX 7.
d. GX 7 is null and void ab initio entered while the district court lacked all Article III subject
matter jurisdiction over the claims in the 02cv2219 complaint.
e. Judge Sand knowingly lied and committed a fraud on the court on or about December
2003 when he conspired and racketeered with the RICO CCE and entered the civil
contempt judgment against Petitioners, Dkt. 80.
f. On December 20, 2007, Judge Sand knowingly entered final judgment on the plaintiffs’
voluntary Rule 41(a)(2) ex parte motion, dismissed the 02cv2219 lawsuit with prejudice,
annulled and vitiated all prior orders, judgments, and proceedings, and conferred
10 “GX” refers to government trial exhibits entered in U.S. v. Ware, 04cr1224 (SDNY).
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prevailing party status on GPMT, Ulysses T. Ware, Silver Screen Studios, and Elorian and
Becky Landers.
g. In or about August 2011, Dkt. 102, Judge Sand knowingly and deliberately conspired with
the RICO CCE, committed a fraud on the court, knowingly violated and resisted the
preclusive effects of the Rule 41 Final Judgment; undertook actions and omissions that
obstructed justice done by Judge Sand on behalf of the RICO CCE that enabled the RICO
CCE to continue to collect the Criminal Usury Unlawful Debt, done in the clear absence of
all jurisdiction entered Dkt. 102 as the unlawful means and methods to delay, obstruct,
conceal, suppress, and cover up his and the crimes of the RICO CCE, done in in bad faith,
and caused actual injuries, harms, and damages to Petitioners.
h. From the entry of Dkt. 102 in 2011 to the entry of Dkt. 117, and all times to his death in
2016, Judge Sand knowingly and in bad faith lied, obstructed justice, conspired to obstruct
justice, and committed racketeering activities which resisted the preclusive effects of the
Rule 41 Final Judgment; refused to enforce the Rule 41 Final Judgment on behalf of
Petitioners; and conspired with the RICO CCE and others and agreed to and deliberately
entered a series of fraudulent and obstruction of justice orders designed to protect the
RICO CCE’s unlawful profits, proceeds, and participants.
D. Willful contempts, conspiracy, frauds on the court, racketeering

activity, and frauds committed by Kenneth A. Zitter related to the
02cv2219 (SDNY) lawsuit and the 04cr1224 (SDNY) litigation.
Page 16 of 62
a. On or about March 2002, the Unregistered Broker-Dealers, LH Financial Services, Inc., and
Ari Rabinowitz hired Kenneth A. Zitter, Esq. to file a lawsuit, Alpha Capital, AG, et al., v.
Group Management Corp., et al., 02cv2219 (SDNY), (the “RICO Collection Lawsuit”), in
the U.S. District Court (SDNY) (Sand, J.) to collect the Criminal Usury Unlawful Debt.
b. Zitter on behalf of the RICO CCE knowingly, deliberately, willfully, and in bad faith filed a
false, frivolous, and fraudulent complaint, Dkt. 1, in 02cv2219 (SDNY);
c. which falsely and fraudulently lied and committed perjury and claimed that the
Unregistered Broker-Dealers had suffered an injury-in-fact;
d. lied that the Unregistered Broker-Dealers were required to be repaid the principal and
interest amounts contained in the Illegal Contracts;
e. lied by omission and committed a fraud on the court by not revealing the plaintiffs were
not and had never been registered as broker-dealers;
f. lied by omission and committed a fraud on the court by not revealing the plaintiffs were
15 USC 77b(a)(11) statutory underwriters of GPMT’s Conversion Securities and therefore
as a matter of law ineligible for any Rule 144 exemption to 15 USC 77e strict-liability
registration requirements;
g. in November 2007 Zitter on behalf of the RICO CCE knowingly lied and committed perjury
as a government witness in U.S. v. Ware, 04cr1224 (SDNY), with the consent and
knowledge of the USAO’s prosecutors; Zitter lied and committed perjury and falsely
testified the 02cv2219 plaintiffs were entitled to use Rule 144 as an exemption to Section
5 of the 1933 Act;
Page 17 of 62
h. Zitter further lied and committed perjury with the consent and knowledge of the USAO
and testified the 02cv2219 court’s orders were lawful orders;
i. Zitter testified and admitted under oath as a government witness in 04cr1224 that he and
Judge Sand arranged for the U.S. Marshals to enter Ulysses T. Ware’s law office with guns
drawn threatening to murder Mr. Ware on September 1, 2004, in Atlanta, GA; and
arranged the kidnapping of Mr. Ware to “punish you [Mr. Ware] … because you would
not give us the stock of GPMT [i.e., 18 USC 1961(6)(B) RICO unlawful debt collection
activities].”
j. Zitter and the RICO CCE in furtherance of the unlawful collection of the Criminal Usury
Unlawful Debt conspiracy used the wires of the United States and in 2003 communicated
terroristic threats (“ … I’ll have Judge Sand throw your ass in prison and you will never get
out ….”), threats of violence (“ … I’ll have the marshals arrest your ass and throw you in
prison if you don’t give us that stock and the opinions ….”), and egregious racial slurs (“
… nigger who do you think you are fucking with ….”) to Ulysses T. Ware in an effort to
collect the Criminal Usury Unlawful Debt.
k. On December 20, 2007, less than one month after the 04cr1224 trial concluded, Zitter
and the 02cv2219 Unregistered Broker-Dealers ex parte, voluntarily, in secret moved the
02cv2219 district court (Sand, J.) to immediately dismiss the 02cv2219 lawsuit with
prejudice pursuant to Rule 41(a)(2); the ex parte secret motion was granted by the district
court (Sand, J.), and the Rule 41 Final Judgment was entered on December 20, 2007, at
Dkt. 90, 02cv2219 (SDNY). Ex. 2, infra.
Page 18 of 62
l. From December 20, 2007 to the present without interruption Zitter, the RICO CCE, and its
participants have deliberately conspired and have omitted to inform the federal courts
the 02cv2219 lawsuit was dismissed with prejudice on December 20, 2007; and Zitter and
the RICO CCE’s participants have willfully in bad faith resisted the Rule 41 Final Judgment’s
preclusive effects, and continued to lie, commit perjury, obstruct justice, conspire, and
undertake racketeering activities to give legal effect to the annulled and vitiated orders,
judgments, and proceedings related to the 02cv2219 lawsuit. Which have caused
Petitioners irreparable harms, and will continue to cause irreparable harm to Petitioner
until such time as the Rule 41 Final Judgment’s preclusive effects are enforced.
E. Willful contempts, frauds on the court, conspiracy, frauds, and

racketeering activities committed by the Atlanta, GA Bankruptcy
Court, its judges, and employees related to 02cv2219 (SDNY) Rule
41 Final Judgment in In re Group Management Corp., 03-93031-
mhm (BC NDGA), Chapter 11, related to the 02cv2219 lawsuit, and
04cr1224 (SDNY) litigation, and the 22cv3409 (SDNY) habeas corpus
proceedings.
a. From beginning on or about March 2003 continuing to the present, without interruption,
the Atlanta, GA U.S. Bankruptcy Court (NDGA), its judges,11 and employees,12 jointly, (the
“Bankruptcy Court”), regarding the Chapter 11 case, In re Group Management Corp., 03-
11 Margaret H. Murphy, Joyce Bihary, Coleman Ray Mullins, Wendy L. Hagenau.
12 Bankruptcy Clerk (NDGA) M. Regina Thomas, and clerk Patricia Sinback.
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93031-mhm (BC NDGA), (the “93031” or “Chapter 11”), knowingly, willfully, and
deliberately aided, abetted, assisted, and facilitated the RICO CCE’s participants to
conduct racketeering activities, 18 USC 1961(6)(B) activities, for the purpose of, (i)
collection of the Criminal Usury Unlawful Debt and (ii) willful resistance to the Rule 41
Final Judgment.
b. On May 21, 2003, Dkt. 28, Order of dismissal of 93031 with prejudice (Murphy, J.), in the
clear absence of all subject matter jurisdiction to grant the 02cv2219 plaintiffs,
Unregistered Broker-Dealers, any judicial relief; Murphy deliberately as a conspiracy to
commit a fraud on the court, conspiracy to commit bankruptcy fraud, 18 USC 157, as an
overt act to enable the unlawful collection of the Criminal Usury Unlawful Debt, conspired
with the RICO CCE’s participants, the USAO (SDNY), Atlanta, GA law firm Kilpatrick,
Townsend, & Stockton, LLP, and its partners, J. Henry Walker, IV, Dennis S. Meir, and John
W. Mills, III, jointly, (“KTS”), and others both known and unknown, deliberately and
intentionally granted the Unregistered Broker-Dealers’ ultra vires motion, Dkt. 15, Dkt.
16, and deliberately in bad faith to aid and abet the RICO CCE’s objectives to collect the
Criminal Usury Unlawful Debt dismissed GPMT’s Chapter 11 case with prejudice, Dkt. 28.
c. In 2011 to the present without interruption the Atlanta, GA Bankruptcy Court has
functioned as a direct agent and/or willing participant in the RICO CCE’s racketeering
activities; and the Bankruptcy Court.
d. From 2011 to the present without interruption the Bankruptcy Court deliberately with
malice, and with a criminal motivation and intention agreed and conspired and have
undertaken all actions and/or omissions necessary to suppress, conceal, cover up, and
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hide the evidence that each to the 02cv2219 plaintiffs in 2003 were unregistered broker-
dealers, which accordingly, as a matter of law each lacked Article III standing in 2003 to
have authorized the Bankruptcy Court, Murphy, J., to have entertained, Dkt. 15, Dkt. 16,
or granted any judicial relief, Dkt. 28, the May 21, 2003, Order of dismissal with prejudice
of GPMT’s Chapter 11 case to Unregistered Broker-Dealers.
e. From 2021 the Bankruptcy Court, Wendy L. Hagenau, and M. Regina Thomas have
undertaken and formed an illegal association-in-fact with KTS, the USAO (SDNY), the State
Bar of Georgia, the District Court (SDNY), the District Court (NDGA), and others both
known and unknown, (the “Bankruptcy CCE”), having its criminal objectives and purposes
to obstruct justice, conceal, hide, suppress, remove, destroy any judicial public records
and other documents and papers from the Bankruptcy Court that would expose the overt
act taken by the Bankruptcy Court from 2003 to the present on behalf of the RICO CCE.
f. Since beginning in or about 2011 as a fraud on the court, conspiracy to obstruct justice,
and as overt acts in furtherance of the RICO collection activities of the RICO CCE, the
Bankruptcy Court, and M. Regina Thomas with the consent, advisement, and knowledge
of Wendy L. Hagenau and others has forged, fabricated, and manufactured known false
and fraudulent incomplete 93031 dockets as Rule 5006 certified dockets.
g. Beginning on March 8, 2021, Dkt. 34, to the present, Dkt. 236, September 23, 2022,
Wendy L. Hagenau, KTS, M. Regina Thomas, the Bankruptcy Court, and others, have
colluded and conspired with the RICO CCE, the USAO (SDNY), the Court of Appeals for the
Eleventh Circuit (Circuit Judges Tjoflat, Wilson, Marcus, and Jordan), the State Bar of
Georgia, and others known and unknown; undertook numerous racketeering activities
Page 21 of 62
and, (i) refused all requests of Petitioners to conduct the required Fed. R. Civ. P. Rule
12(h)(3) Article III jurisdictional status conference; (ii) refused all requests to refer the
93031 Chapter 11 case to the U.S. Department of Justice with a judicial referral to open a
criminal investigation of the Unregistered Broker-Dealers, which violated 18 USC 1519
and 2071; and (iii) refused all requests to reverse and vacate Dkt. 28, the null and void ab
initio May 21, 2003, Order (dismissal with prejudice of 93031).
F. Willful contempts, frauds on the court, racketeering activity,

obstruction of justice, and frauds committed by Atlanta, GA law firm
Kilpatrick, Townsend, & Stockton, LLP., in In re Group Management
Corp., 03-93031-mhm (BC NDGA), Chapter 11.
a. Beginning on or before April 8, 2003, see Dkt. 11 (93031), entry of appearance KTS in
93031, KTS has colluded, conspired, and committed two or more racketeering activities
on behalf of the RICO CCE: (i) conspired with the Bankruptcy Court to conceal its clients,
the 02cv2219 plaintiffs, Unregistered Broker-Dealers, status as unregistered broker-
dealers, and thus, the lack of Article III standing to appear in 93031 in any capacity; and
(ii) conspired, colluded, and racketeered with the USAO, Zitter, the RICO CCE, the
Bankruptcy Court, the State Bar of Georgia, the District Court (SDNY), and others known
and unknown to obstruct and impede Petitioners’ right to vacate and set aside Dkt. 28,
and to conduct Rule 9024/60(d)(3) fraud on the court proceedings.
b. Beginning in 2007 and continuing to the present without interruption KTS, the Bankruptcy
Court, the District Court (SDNY), the USAO, and others known, and unknown have acted
Page 22 of 62
on behalf of the RICO CCE and conspired to obstruct justice, and willfully in bad faith resist
the Rule 41 Final Judgment’s preclusive effects, res judicata, and refused to move the
Bankruptcy Court in 93031 to vacate and set aside Dkt. 28, the May 21, 2003, null and
void ab initio purported Order (Murphy, J.);
c. KTS has conspired with the RICO CCE and the Bankruptcy Court and willfully resisted the
res judicata effects of the Rule 41 Final Judgment, violated its duty of candor as an officer
of the court, and concealed the unregistered broker-dealer status of its clients;
d. and KTS willfully conspired with the Bankruptcy Court, the USAO, the District Court
(SDNY), the State Bar of Georgia, and the RICO CCE and concealed and suppressed the
fact its clients in February 2001 created, and from 2001 to the present, has attempted to
collect the Criminal Usury Unlawful Debt in violation of 18 USC 1961(6)(B) using KTS and
the Bankruptcy Court as a RICO unlawful debt collection agency; which has caused
irreparable injuries, harms, and damages to Petitioners in the sum certain amount of
$225,000 per day, beginning on December 20, 2007, and accruing each day to the present,
and; the Petitioners will continue to suffer irreparable RICO, fraud on the court, criminal
and civil contempt harms, injuries, and damages until KTS moves in the Bankruptcy Court
to vacate, set aside, and annul Dkt. 28, the null and void ab initio Order (Murphy, J.).
G. Willful contempts, racketeering activities, conspiracy, obstruction of

justice, and frauds committed by the State Bar of Georgia and its
employees.
Page 23 of 62
a. Beginning from on or about 2007 and continuing to the present, the State Bar of Georgia,
its employees, agents, and others, and the Supreme Court of Georgia, jointly, (the “State
Bar”), agreed, colluded, conspired, racketeered, and aided and abetted the RICO CCE and
its participants to engage in RICO unlawful debt collection activities; and aided and
abetted the USAO and the RICO CCE to obstruct justice by the fabrication of a purported
“affidavit of service,” and committed mail and wires fraud offenses.
b. The State Bar since 2007 has continuously acted in concert, orchestrated, coordinated,
agreed to, and did conspire and collude with District Judge William H. Pauley, III, the
USAO’s AUSA Alexander H. Southwell, KTS, the Bankruptcy Court, and others and did
falsify, fabricate, and conduct known bogus and fraudulent disbarment proceedings on
behalf of the RICO CCE as the illegal device and artifice to prevent, obstruct, delay, and
impede Ulysses T. Ware from challenging the RICO CCE’s loan sharking and money
laundering conspiracy in the federal and state courts on behalf of GPMT and others.
c. The State Bar since December 20, 2007, has resisted the preclusive res judicata effects of
the Rule 41 Final Judgment and has refused to vacate the fraudulent 2008 alleged
disbarment judgment entered by the Supreme Court of Georgia; entered as an over act
to obstruct justice, and as an overt act to aid and abet the RICO CCE’s loan sharking and
money laundering conspiracy.
d. The State Bar has continuously since 2007 deliberately, in bad faith, relentlessly
conspired and resisted the Rule 41 Final Judgment and the August 18, 2009, U.S. v. Ware,
07-5670cr (XAP) (2d Cir.), Gov.-I, (the “Gov-I Final Judgment”), final judgment’s res
judicata preclusive effects; coordinated and conspired with the RICO CCE and its
Page 24 of 62
participants, and orchestrated, aided, abetted, and facilitated a criminal protection
conspiracy for KTS, the Bankruptcy court’s judges, and employees who offered and
provided racketeering activity services to the RICO CCE to obstruct, impede, delay,
frustrate, and undermine the timely and fair adjudication of Petitioners’ claims raised in
the 93031 Chapter 11, 04cr1224 (SDNY), 05cr1115 (SDNY), and 22cv3409 (SDNY)
proceedings.
H. Willful contempts, conspiracy, frauds on the court, racketeering

activity, and frauds committed by the District Court (NDGA)
regarding the 02cv2219 (SDNY), 04cr1224 (SDNY), and 05cr1115
(SDNY) proceedings
a. Beginning on September 1, 2004, and continuing to the present, without interruption
District Judge Thomas W. Thrash, Jr. allowed himself to be used, played as a fool, hired,
employed, and bribed by the RICO CCE’s participants to aid, abet, assist, and facilitate the
kidnapping, 18 USC 1201, 1202, of Ulysses T Ware, GPMT’s securities counsel in Atlanta,
GA coordinated and executed by the U.S. Marshals, with guns drawn, as unlawful debt
collectors on behalf of the RICO CCE’s loan sharking and money laundering operations;
b. the September 1, 2004, kidnapping of Mr. Ware was coordinated with SEC’s lawyers, the
USAO, and District Judge Kent J. Dawson (D. NV) in a conspiracy to witness tamper in the
deposition of SEC lawyer Stephen Webster, Esq., who possessed personal knowledge of
the SEC and USAO’s bootleg grand jury proceedings then being illegally conducted in the
Page 25 of 62
District Court (D. NV) in the SEC-DOJ’s commingled grand jury proceedings, 03-0831 (D.
NV);
c. District Judge Thrash and the District Court (NDGA) directly participated and conspired
with the SEC, the USAO, and the RICO CCE on September 1, 2004, and continuously to the
present, have permitted the District Court (NDGA), its judges, and employees to be used
as the criminal means and method to execute 18 USC 1961(6)(B) RICO collection activities
in willful resistance to the Rule 41 Final Judgment and the regarding the Criminal Usury
Unlawful Debt, and in willful resistance to the Gov-I Final Judgment’s res judicata
preclusive effects.13
I. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by the District Court
(SDNY) regarding 02cv2219 (SDNY), 04cr1224 (SDNY), 05cr1115
(SDNY), and 22cv3409 (SDNY).
a. Since beginning in or about 2004, and continuing to the present, 2022, without
interruption, the District Court (SDNY), its judges, employees, and agents, jointly, (the
“District Court SDNY”), have knowingly and in bad faith, functioned as an illegal
association-in-fact, a continuing criminal enterprise, criminally acted and functioned not
as an Article III U.S. District Court, but, rather has operated and functioned as an agent,
13 See Ware v. United States, 12cv4309-TWT (NDGA), (Thrash, J.) (Thrash conspired with the RICO
CCE and the USAO and rigged, fixed, obstructed, and impeded Ulysses T. Ware’s 2012 habeas
corpus proceeding while having an actual conflict of interest in the proceedings).
Page 26 of 62
facilitator, unindicted coconspirator, and a material participant in the loan sharking,
money laundering, and obstruction of justice operations of the RICO CCE; and has
materially enabled and eagerly authorized numerous acts of racketeering activity that had
furthered the RICO unlawful debt collection operations of the RICO CCE.
b. The District Court SDNY since December 20, 2007, has aided, abetted, and enabled the
RICO CCE and the Unindicted Coconspirators to willfully and in bad faith resist all court
orders and judgments entered in 02cv2219, 04cr1224, and 05cr1115;
c. and has enabled and facilitated Edgardo Ramos, Laura Taylor-Swain, and Colleen
McMahon to commit two or more racketeering activity offenses—that is, obstruction of
justice, mail, and wire frauds, 18 USC 1519, 18 USC 2071; and
d. has willfully and in bad faith aided and abetted the obstruction of the 22cv3409 (SDNY)
habeas corpus proceedings to provide protection for the participants, profits, and
proceeds derived from racketeering activities committed by the RICO CCE.
J. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by Office of the United
States Attorney (SDNY), (the “USAO”) in regard to 02cv2219 (SDNY),
04cr1224 (SDNY), and 05cr1115 (SDNY).
a. Andre Damian Williams, Jr., Daniel Gitner, Margaret M. Garnett, Melissa Childs, Jun Xiang,
Audrey Strauss, John M. McEnany, Geffrey Berman, Preet Bharara, Alexander H.
Southwell, Nicholas S. Goldin, Maria E. Douvas, David N. Kelley, Joon Kim, Sarah E. Paul,
Katherine Polk-Failla, Steven D. Feldman, Michael J. Garcia, and others known and
Page 27 of 62
unknown, jointly, (the “USAO”), from beginning in 2003 to the present, 2022, without
interruption, aligned, and acted in concert with the SEC, the participants in the RICO CCE,
and others known and unknown, conspired and formed an illegal association-in-fact, a
criminal enterprise, (the “USAO CCE”), having the criminal objectives and purposes to aid,
abet, facilitate, enable, and function as the protection and collection operations for the
RICO CCE’s loan sharking, money laundering, and unlawful debt collection operations.
b. The USAO CCE has from December 20, 2007, to the present, September 2022, with malice
has willfully and in bad faith resisted the res judicata preclusive effects of the Rule 41 Final
Judgment.
c. The USAO CCE has from August 18, 2009, to the present, September 2022, with malice
has willfully in bad faith resisted the res judicata preclusive effects of the Gov-I Final
Judgment.
d. The USAO CCE has from May 19, 2006, to the present, September 2022, with malice has
resisted and disobeyed the commands of the Brady Court Order, Dkt. 17, entered in
05cr1115.
e. The USAO CCE has from August 10, 2007, to the present, September 2022, with malice
has resisted and disobeyed the written commands of the Brady Court Order, Dkt. 32,
entered in 04cr1224.
f. From on or about 2003 the USAO CCE agreed, colluded, and conspired with the SEC, Kent
J. Dawson, Jeffrey B. Norris, Spencer C. Barasch, Joan E. McKown, and others known and
unknown, and devised an illegal plan and scheme to violate Ulysses T. Ware’s Fifth
Amendment right to remain silent;
Page 28 of 62
g. colluded and conspired with the SEC, Kent J. Dawson, and the FBI and formed an illegal
grand jury proceedings, (the “Bootleg Grand Jury”); and
h. the Bootleg Grand Jury had the illegal objective and purpose to circumvent the Federal
Rules of Criminal Procedure, and collect unlawful evidence for use in the USAO CCE’s
imminent 04cr1224 and 05cr1115 criminal proceedings.
K. Willful contempts, conspiracy, frauds on the court, racketeering

activity, and frauds committed by Colleen McMahon in regard to
the 02cv2219 (SDNY) lawsuit and 04cr1224 (SDNY).
a. Beginning in or around May 2019, then Chief District Judge (SDNY) Colleen McMahon
knowingly and intentionally joined the RICO CCE’s unlawful debt collections operations,
and in the clear absence of all jurisdiction, undertook and obstructed, impeded, delayed,
and frustrated Petitioners’ right to reinstate their counterclaim filed in 02cv2219 lawsuit,
and deliberately conspired and did commit a fraud on the court, obstructed justice, and
resisted the preclusive effects of the Rule 41 Final Judgment, and frivolously entered Dkt.
120.
b. Since 2003 and continuing to the present, September 2022, Colleen McMahon and her
spouse, Frank V. Sica, have made +55 investments in criminal usury convertible
promissory note investments, (the “Usury CPN Investments”).
c. In 2019 when then chief judge McMahon entered the nonsensical purported Order, Dkt.
120, Judge McMahon then knew that she and her spouse had made more than +55 Usury
Page 29 of 62
CPN Investments, then having a reported value between $10.1 and $55 million; an actual
financial conflict of interest which Judge McMahon suppressed and concealed.
d. Since 2019 Judge McMahon has violated federal law, 28 USC 455(a), and 45(b)(1-5), and
refused to recuse herself from judicial involvement in the moot, and annulled 02cv2219
(SDNY) lawsuit.
e. Since 2019, and continuing to the present, September 2022, Judge McMahon has
criminally resisted the Rule 41 res judicata preclusive effects; and Judge McMahon has
acted recklessly, with a criminal depraved mind and motive, and obstructed justice,
delayed, impeded, and denied the Prevailing Parties in 02cv2219 (SDNY)—that is, Ulysses
T. Ware, GPMT, Silver Screen Studios, and Elorian and Becky Lander, their legal right to
enforce the Rule 41 Final Judgment.
L. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by the U.S. Probation
Office (SDNY), (the “USPO”).
Thomas J. McCarthy, David Mulcahy, Michael Fitzpatrick, and Colleen Tyler.
a. Beginning in 2005 the USPO took possession of the passport of Ulysses T. Ware pursuant
to bail condition set in 04cr1224 (SDNY). To the present, September 2022, the USPO has
conspired and colluded with the USAO and the District Court (SDNY) and refused all
requests made by Ulysses T. Ware to return his passport.
Page 30 of 62
b. In 2007 the USPO, and Colleen Tyler knowingly conspired with District Judge William H.
Pauley, III and knowingly in bad faith, in a conspiracy to obstruct justice, prepared and
submitted a false and fraudulent pre-sentence report, (the “PSI”), in 05cr1115.
c. In 2008-09 the USPO, and Thomas J. McCarthy knowingly conspired with District Judge
Robert W. Sweet, after the 02cv2219 (SDNY) lawsuit had been dismissed with prejudice
on December 20, 2007, orchestrated and fabricated a fraudulent PSI, and submitted the
fraudulent PSI into the court records in 04cr1224.
d. In 2008-09 the USPO and McCarthy conspired with Sweet and the USAO and fabricated
the 04cr1224 PSI as the illegal means and method to aid and abet the RICO CCE to obtain
bogus restitution for its February 2001 Criminal Usury Unlawful Debt—that is, a RICO
unlawful debt collection device and procedure which violated 18 USC 1961(6)(B), and
resisted the Rule 41 Final Judgment’s res judicata preclusive effects.
e. From 2018 to May 23, 2022, the USPO, David Mulcahy, and the USAO conspired with
Judge William H. Pauley, III, and conspired to impose bogus, fraudulent, and nonexistent
alleged “special conditions of supervised release” while knowing the moot 05cr1115
judgment did not contain any written special conditions of supervised release; and
conspired with Pauley and the USAO to resist the Gov-I Final Judgment’s res judicata
preclusive effects.
M. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by Laura Taylor-Swain.
Page 31 of 62
a. Beginning in 2021 and continuing to the present, September 2022, Chief District Judge
(SDNY) Laura Taylor-Swain knowingly, willfully, in bad faith, conspired, colluded,
obstructed justice, stole, destroyed, suppressed, concealed, and removed judicial public
records submitted to the District Court (SDNY)’s Committee on Lawyer Misconduct which
violated 18 USC 1519 and 18 USC 2071; and Taylor-Swain knowingly and in bad faith
conspired with the USAO, Andre Damian Williams, Jr., and Merrick B. Garland to cover up,
conceal, suppress, and remove from the District Court Ulysses T. Ware’s lawyer
misconduct petitions submitted to the District Court (NDGA) for adjudication.
b. Beginning in 2021 and continuing to the present, September 2022, Chief District Judge
(SDNY) Laura Taylor-Swain has knowingly, willfully, in bad faith colluded, conspired,
resisted the Rule 41 Final Judgment and the Gov-I Final Judgment; and refused to conduct
Local Rule 1.5(b)(5) lawyer misconduct proceedings regarding the USAO, Andre Damian
Williams, Jr., Merrick B. Garland, Daniel Gitner, and Margaret M. Garnett concerning the
USAO’s non-compliance with the Brady Court Orders entered in 04cr1224 and 05cr1115;
and the USAO and DOJ’s resistance to the Rule 41 Final Judgment and the Gov-I Final
Judgments’ res judicata preclusive effects.
c. In June 2022 during the Ware v. United States, Merrick B. Garland, Edgardo Ramos, and
Laura Taylor-Swain, 22cv3409 (SDNY) 2241(a) habeas corpus proceedings, see Dkt. 60-
63, respondent, material witness, and unindicted coconspirator Laura Taylor, in an
unprecedented degree of criminal judicial misconduct, willful criminal depravity, fraud on
the court, obstruction of justice, while not officially assigned to 22cv3409 purported to
enter a nonsensical order, Dkt. 60, 06/16/22 Order (Taylor-Swain, C.J.), to aid and abet
Page 32 of 62
the RICO CCE’s participants evade justice, evade being held in civil and criminal contempt,
and from being held accountable for their frauds on the court and numerous crimes
committed against Petitioners.
N. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by Chief Circuit Judge
(2d Cir.) Debra Ann Livingston regarding Edgardo Ramos’ crimes,
civil and criminal contempts, and frauds on the court.
a. From beginning on or about May 27, 2022, Chief Circuit Judge (2d Cir.) Debra Ann
Livingston, has acted with willful depravity, unprecedented criminal judicial misconduct,
aided, abetted, and conspired with the USAO and Edgardo Ramos, and has acted and
omitted to act, and has deliberately, willfully, and in bad faith obstructed the timely and
complete investigation and adjudication of the In re Edgardo Ramos complaint for judicial
misconduct, 02-22-90049-jm (2d Cir.), (the “Judicial Complaint”).
b. Judge Livingston has acted and functioned recklessly, willfully, and deliberately in
opposition to, and obstructed the Rules that govern the judicial complaint process; Judge
Livingston has acted with a unprecedented criminal depravity, moral turpitude, and
willfully conspired with Ramos, the USAO, the RICO CCE participants, and others to
obstruct and impede the required investigation of the crimes committed by Edgardo
Ramos and the USAO during the 04cr1224, 05cr1115, and 22cv3409 (SDNY) proceedings.
c. Judge Livingston has conspired, acted, and functioned recklessly, and functioned with a
criminal depraved mind, undertook obstruction of justice judicial misconduct, and
Page 33 of 62
irresponsibly has aided, and abetted Ramos and the USAO to continue to cause
irreparable harms, injuries, and damages to Ulysses T. Ware’s legal rights in 04cr1224,
05cr1115, and 22cv3409 (SDNY); and Judge Livingston has conspired and effectively
denied and suspended, indefinitely, Ulysses T. Ware’s right to the writ of habeas corpus in
violation of the Constitution.
O. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by District Clerk (SDNY)
Ruby Krajick.
a. From beginning in or about 2005, and continuing to the present, September 2022, Ruby
Krajick, the District Court (SDNY), and its employees, acted in concert, and colluded, and
conspired with the USAO and District Judge William H. Pauley, III, and others, known and
unknown, with a criminal depraved mind and motivation, knowingly, willfully, and in bad
faith aided, recklessly abetted, and enabled the USAO and Pauley to resist (i) the 05cr1115
Brady Court Order’s commands, (ii) resist the Rule 41 Final Judgment, and resist the Gov-
I Final Judgment.
b. Krajick and the District Court (SDNY), conspired and acted in concert with Pauley and
Edgardo Ramos, and have removed, concealed, suppressed, hid, and fabricated judicial
dockets, and removed, and concealed the purported September 2006 purported Rule 11
plea documents associated with a person purportedly known as “Jeremy Jones.”
c. Krajick and the District Court since 2021 have conspired and colluded with Edgardo
Ramos, and continued to conceal, hide, suppress, and remove all traces and records of
Page 34 of 62
Jeremy Jones’ alleged September 2006 Rule 11 perjury contract, USSG 5k perjury letter,
transcripts, and other benefits, gifts, favors, gratuities, and other things of value paid to
Jones by the USAO for Jones knowingly to lie and commit perjury during the U.S. v. Ware,
05cr1115 (SDNY) trial.
d. Krajick and the District Court (SDNY) since 2006 have concealed, suppressed, and hid all
records of the kickbacks, bribes, gifts, favors, and illegal gratuities paid to Marlon G. Kirton
by the USAO and/or William H. Pauley, III for Kirton’s participation RICO CCE’s operations
to fabricate a conviction and sentence in 05cr1115 (SDNY).
e. Krajick and the AOC, the Administrative Office of the U.S. Court, have continuously since
2005, conspired, colluded, acted in bad faith, and recklessly, with a criminal depraved
minds and motivation obstructed the fair, impartial, unbiased, and correct adjustment of
Federal Tort Claim Act petitions submitted to the AOC for adjustment by Ulysses T. Ware
regarding the negligent torts committed by Krajick and the District Court (SDNY).
P. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by the U.S. v. Ware, 09-
0851cr (2d Cir.) panel: Katzmann (deceased), Hall (deceased), and
Barbara S. Jones (retired).14
a. From beginning in 2010, and continuing to September 2022, the Court of Appeals for the
Second Circuit’s U.S. v. Ware, 09-0851cr (2d Cir.), (Katzmann, Hall, and Jones), (the
14 Then District Judge (SDNY) Barbara S. Jones sat by designation on the 09-0851cr (2d Cir.) panel.
Page 35 of 62
“Panel”)., in bad faith, recklessly, and with criminal depraved minds and motivation,
recklessly colluded, conspired, and racketeered with the USAO, the SEC, the RICO CCE,
and others and rigged and fixed the 09-0851 appeal in such a way and affirmed the moot
04cr1224 proceedings’ purported judgment of conviction and sentence (Sweet, J.).
b. The Panel knew and/or recklessly in bad faith disregarded the facts and the law, the
underlying sub judice 02cv2219 (SDNY) lawsuit’s orders, judgments, and proceedings had
been voluntarily dismissed with prejudice on December 20, 2007, pursuant to Rule
41(a)(2); yet, nevertheless, from 2010 to the present, 2022, the Panel knowingly,
wantonly, recklessly, and irresponsibly undertook criminal obstruction of justice actions,
committed frauds on the court, frauds, conspiracy, aided, abetted, and facilitated on
behalf of the USAO and the RICO CCE’s unlawful profits, proceeds, and participants and
resisted the Rule 41 Final Judgment’s res judicata preclusive effects. Which has and will
continue to cause irreparable RICO, civil contempt, and other harms, injuries, and
damages to Ulysses T. Ware’s personal and business interests.
Q. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by the USAO’s 09-0851
appeals team (Bharara, Katherine Polk-Failla, Sarah E. Paul, and
Maria E. Douvas, the “Appeal Team”).
a. From beginning in 2007 to the present, September 2022, the Appeal Team knowingly,
willfully, in bad faith, recklessly, acted, and functioned with a wanton and depraved
Page 36 of 62
criminal mind and motivation, and fabricated, drafted, signed, and in 2010, filed with the
Court of Appeals in 09-0851 the fraudulent appeal brief, (the “Fraudulent Brief”).
b. The Appeal Team and the Panel knowingly colluded, conspired and did obstruct justice,
on behalf of the RICO CCE’s participants, and after the 02cv2219 lawsuit had been
voluntarily dismissed with prejudice on December 20, 2007, Dkt., by government
04cr1224 trial witness Kenneth A. Zitter, Esq., the Appeal Team and the Panel (Katzmann,
Hall, and Jones), arranged, orchestrated, and with wanton depravity and racial animosity
rigged and fixed the 09-0851cr moot appeal in favor the USAO and the RICO CCE’s
participants and affirmed the moot appeal in favor of the USAO and the RICO CCE.
c. The depraved and reckless crimes, frauds on the court, civil and criminal contempt
committed by the Panel and the Appeal Team committed in 04cr1224 and 09-0851cr (2d
Cir.) has caused, and will continue to cause Partitioner Ulysses T. Ware irreparable RICO
and compensatory civil contempt damages, injuries, and harms to his personal and
business interests unless the USAO and the Panel are enjoined, and held in civil and
criminal contempt.
R. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by Edgardo Ramos.
a. From beginning in 2021 and to the present September 2022 Edgardo Ramos has acted
and functioned as a covert agent of the USAO, the RICO CCE, and the Unindicted
Coconspirators; and Ramos has knowingly and in bad faith in violation of the Codes of
Page 37 of 62
Conduct for Federal Judges colluded, conspired, obstructed justice, and aided, abetted,
and conducted the 04cr1224, 05cr1115, and 22cv3409 proceedings to obstruct justice,
conducted the 04cr1224 and 05cr1115 proceedings in the “clear absence of all
jurisdiction,”
b. and Ramos knowingly in bad faith, and recklessly in disregard for the law and the facts
facilitated the USAO to obstruct justice by the willful and bad faith commission of two or
more acts of racketeering activity, which enabled the USAO to willfully and in bad faith
resist the res judicata preclusive effects of the (i) Rule 41 Final Judgment, (ii) the Gov-I
Final Judgment, and (iii) the Brady Court Orders.
c. In 2021 Ramos in collusion and while conspiring with the USAO, while he lacked all subject
matter jurisdiction over the 04cr1224 and 05cr1115, Ramos aided, abetted, and enabled
the USAO to steal and embezzle $50,000.00 in bail posted by Ulysses T. Ware and his
family.
d. In 2021-22 Ramos knowingly and in bad faith colluded and conspired with the USPO and
its employees, resisted the preclusive effects of the Rule 41 Final Judgment and the Gov-
I Final Judgment, and conspired with and enabled the USPO to criminally impose illegal
and unconstitutional alleged “special conditions of supervised release” on Ulysses T.
Ware when Ramos and the USPO knew and were actually aware the purported judgments
in 04cr1224 and 05cr1115 did not contain any special conditions of supervised release.
e. Since 2022 Ramos has colluded, conspired, obstructed justice, and acted in concert with
the USAO, the SEC, the RICO CCE, and the Unindicted Coconspirator, and conspired to
obstruct the timely adjudication of the 28 USC 2241(a) actual innocent habeas corpus
Page 38 of 62
proceedings, 22cv3409 (SDNY), by willfully and in bad faith refusing to enter the required
28 USC 2243 show cause order to the USAO, his unindicted coconspirator.
S. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by District Judge Thomas W.
Thrash, Jr. (NDGA), regarding the 02cv2219 (SDNY) lawsuit, 03-0831 (D.
NV), 03-93031 (BC NDGA), 04cr1224, 05cr1115 (SDNY), and 22cv3409
(SDNY).
a. Beginning on September 1, 2004, in Atlanta, GA Thomas W. Thrash, Jr., coordinated,
colluded, and conspired with the USAO, the SEC, the FBI, and the RICO CCE’s participants,
and agreed to act in concert with the U.S. Marshals and kidnap Ulysses T. Ware on behalf
of the RICO CCE’s loan sharking and money laundering RICO unlawful debt collections
operations, which violated 18 USC 1961(6)(B).
b. Thrash conspired, colluded, and agreed to aid, abet, and facilitate the SEC, the USAO, and
the RICO CCE to undertake RICO loan sharking debt collection procedures—that is, the
September 1, 2004, kidnapping of Ulysses T. Ware, Esq., GPMT’s securities counsel, in
exchange for gifts, favors, kickbacks, illegal gratuities, and other things of value, i.e.,
Thrash’s promotion to chief judge of the District Court (NDGA).
c. From September 1, 2004, and to the present, September 2022, Thrash has continued to
collude and conspire with the SEC, the USAO, and the RICO CCE’s participants; and Thrash
has acted in concert with the RICO CCE’s participants and rigged and fixed multiple judicial
Page 39 of 62
proceedings in such a manner to protect the ill-gotten profits, proceeds, and participants
in the RICO CCE’s loan sharking and money laundering operations.
d. Thrash in 2012 knowingly, willfully, and in bad faith agreed, collude, and conspired with
the USAO, the SEC, the RICO CCE’s participants and rigged and fixed the habeas corpus
proceeding, Ware v. USA, et al., 12cv4397 (NDGA) (Thrash, J.), by knowingly and willingly
obstructed the adjudication of Ulysses T. Ware’s actual innocent claims; and willfully and
in bad faith resisted the res judicata preclusive effects of (i) the Rule 41 Final Judgment,
and (ii) the Gov-I Final Judgment.
T. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by U.S. Bureau of
Prisons.
a. Beginning on or about December 20, 2007, continuing to the present, September 2022,
the U.S. Bureau of Prison, (the “BOP”), colluded, conspired, acted in concert, and
racketeered with the USAO, the SEC, and the RICO CCE’s participant and willfully in bad
faith resisted and impeded the execution of the res judicata preclusive effects of (i) the
Rule 41 Final Judgment and (ii) the Gov-I Final Judgment.
b. From January 2007 to the present, September 2022, the BOP has colluded, conspired, and
acted in concert with the State Bar of Georgia and its employees, the USAO, and the RICO
CCE’s participants, and has continued to agree and support the State Bar’s false and
fabricated purported “affidavit of service” that falsely asserted that Ulysses T. Ware was
in the custody of the BOP on January 15, 2007, in the MDC Brooklyn, NY federal prison;
Page 40 of 62
while the BOP knows that Ulysses T. Ware was not in the custody of the BOP on January
15, 2007.
U. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by the Administrative
Office of the U.S. Courts.
a. Beginning in 2009 and continuing to the present September 2022 the Administrative
Office of the U. S. Courts, (the “AOC”), entered into a nefarious criminal conspiracy with
the USAO, the Bankruptcy Court employees, the District Court (NDGA) employees, the
District Court (SDNY) employees, the USPO (SDNY) employees, and others, (the “Court
Employees”); and the AOC’s officials have knowingly lied, committed fraud, conspiracy,
obstruction of justice, and other racketeering activities, resisted the res judicata
preclusive effects of (i) the Rule 41 Final Judgment and (ii) the Gov-I Final Judgment,
jointly, (the “Final Judgments”).
b. The AOC has enabled Ruby Krajick, M. Regina Thomas, Lance C. Wilson, James N. Hatten,
Patricia Sinback, and other clerks to fabricate dockets, falsify judicial court records,
conspire to obstruct justice by the removal, suppression, concealment, and destruction
of judicial court records filed by Ulysses T. Ware in judicial proceedings.
c. The AOC and its officials have since 2009 deliberately violated federal law and resisted
the Final Judgments’ res judicata preclusive effects to such an extent, and in such a
manner to obstruct justice and not in good faith properly adjust Federal Tort Claim act
petitions presented to the AOC by Ulysses T. Ware.
Page 41 of 62
V. Crimes, willful contempts, conspiracy, frauds on the court,
racketeering activity, and frauds committed by the U.S. Department
of Justice.
a. Beginning from on or about July 2003, and continuing without interruption to the present,
September 2022, the U.S. Department of Justice, its privies, agents, officials, unindicted
coconspirators, and others in active concert therewith, jointly, (the “DOJ”), formed an
illegal association-in-fact, (the “DOJ CCE”), with the objective and purpose to fraudulently
indict, prosecute, convict, and sentence Ulysses T. Ware in U.S. v. Ware, 04cr1224 and
U.S. v. Ware, 05cr1115 (SDNY), as a depraved racially-motivated retaliatory hate crime,
(the “Hate Crimes Persecution”).
b. The DOJ CCE’s participants knowingly and with criminal depravity and perfidy arranged,
orchestrated, enabled, and facilitated the Hate Crimes Persecution by and through the
commission of RICO activities, to wit, by the payment of favors, gifts, bribes, kickbacks,
illegal gratuities, and other things of value to willing participants who undertook two or
more racketeering activities to knowingly and in bad faith effectuated the DOJ CCE to
obtain its objective.
c. The DOJ CCE has from beginning in 2003 continuing to the present, September 2022, used
the U.S. Federal Courts, its judges, employees, agencies, officials, and state courts, and
agencies, as willing participants in the DOJ CCE, the “DOJ CCE’s Unindicted
Coconspirators” or the “DOJ Stooges”; and used the DOJ Stooges as the means and
methods to commit two or more racketeering activities to obtain the objectives of the
DOJ CCE.
Page 42 of 62
d. The DOJ CCE has knowingly, in bad faith, and with depravity, and wanton recklessness
since December 20, 2007, has resisted the Rule 41 Final Judgment, and since August 18,
2009, resisted the Gov-I Final Judgment’s res judicata preclusive effects in violation of 18
USC 401(3), and other statutes.
e. Unless immediately held in contempt, enjoined, and restrained the DOJ CCE and its willing
participants will continue to resist and disobey the Rule 41 and Gov-I Final Judgments’ res
judicata preclusive effects; and Ulysses T. Ware will continue to suffer irreparable RICO,
civil contempt, criminal contempt, and fraud on the court harms, injuries, and damages.
W. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by the U.S. Securities
and Exchange Commission, (the “SEC”).
Jeffrey B. Norris, Joan E. McKown, Spencer C. Barasch, Stephen Webster, et al.
a. Beginning in or about 2003, and continuing to the present, September 2022, the SEC
knowingly colluded, acted in concert, and conspired with the USAO, the FBI, Kent J.
Dawson, William H. Pauley, III, and others both known and unknown, and orchestrated
an unprecedented criminal fraud—that is, aided, abetted, and facilitated the USAO and
the FBI, special agent David Makol, et al., and enabled, orchestrated, and fabricated the
Bootleg Grand Jury proceedings in 03-0831 (D. NV).
b. The SEC acting by and through Jeffrey B. Norris, Spencer C. Barasch, Joan E. McKown,
Stephen Webster, and others, jointly, (the “SEC”), in 2003 during the 03-0831 (D. NV)
Bootleg Grand Jury proceedings arranged with District Judge Kent J. Dawson, a criminal,
Page 43 of 62
the USAO and the FBI and coordinated the Bootleg Grand Jury, circumvented the Federal
Rules of Criminal Procedure, (the “Federal Rules”), and agreed, gathered, and unlawfully
collected evidence using the civil rules of procedure for use in the USAO’s criminal
proceedings, 04cr1224 and 05cr1115; and agreed and deliberately violated Ulysses T.
Ware’s constitutional right to remain silent.
c. In 2007 during the USAO’s 04cr1224 prosecution the SEC, the USAO’s prosecutors, and
Robert W. Sweet, coordinated, arranged, planned, and facilitated the known perjured and
false testimony of SEC lawyer Jeffrey B. Norris, approved by SEC chief counsel Joan E.
McKown.
d. Sweet, the SEC, Norris, McKown, and the USAO knowingly, willfully, in bad faith,
conspired to conceal and suppress Norris’ professional bad acts, i.e., Brady impeachment
evidence, in willful and bad faith resistance and disobedience to the August 10, 2007,
Dkt. 32, Brady Court Order, (04cr1224), professional bad acts for which Norris had been
sanctioned by the SEC in 2007.
e. From November 20, 2007, to the present, September 2022, the SEC has conspired,
colluded, acted in concert, and racketeered with the USAO, and has willfully and in bad
faith failed to undertake its duty of candor to the federal court—that is, knowingly
committed a fraud on the court, and come forth and admitted that Norris and the USAO
knowingly committed perjury and presented false and misleading testimony during the
04cr1224 trial regarding the Bootleg Grand Jury proceedings.
f. From December 20, 2007, to the present, September 2022, the SEC has willfully and in
bad faith resisted the Rule 41 Judgment’s preclusive effects, and refused to notify and
Page 44 of 62
inform the federal courts regarding the frauds on the court committed by the USAO
during the Bootleg Grand Jury proceedings, committed during 04cr1224, and committed
by the USAO, the UPSO, and Sweet after trial in 2007.
X. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by William H. Pauley, III.
a. Beginning in or about 2001 District Judge William H. Pauley, III, and continuing to his death
in 2021, without interruption, Judge Pauley, colluded, conspired, acted in concert, and
knowingly and willfully directly and indirectly participated in, and aided, abetted, and
facilitated the loan sharking and money laundering racketeering activities of the RICO CCE
by obstructing justice, hiding, concealing, and suppressing dispositive Brady exculpatory
evidence, lied and committed perjury in open court on numerous occasions;
b. Pauley knowingly conspired with the USAO, the RICO CCE’s participants, the SEC, the
Bankruptcy Court (NDGA), the District Court (NDGA) and resisted the res judicata
preclusive effects of the Rule 41 Final Judgment and the Gov-I Final Judgment;
c. Pauley beginning in 2006 knowingly conspired with the FBI, the USAO, the SEC, the
Bankruptcy Court, the State Bar, the RICO CCE, and others and orchestrated and
coordinated the State Bar’s fraudulent 2008 purported disbarment of Ulysses T. Ware as
an overt act to enable the collection of the Criminal Usury Unlawful Debt;
d. Pauley in 2005 conspired with the RICO CCE’s participants and in open court shouted in
an angry and delusional tone, “ … Mr. Ware you have violated orders of the 02cv2219
(SDNY) district court and have not provided bogus and fraudulent legal opinions to the
Page 45 of 62
Unregistered Broker-Dealers, therefore I am requiring that you appear at all proceedings
in person regarding this matter ….” (paraphrased) (emphasis in original).
e. Pauley from 2001 to his death in 2021, without interruption, acted and functioned as a
covert agent, an unindicted coconspirator, and willing participant in the Criminal Usury
Unlawful Debt’s creation, collection, money laundering, and protection racketeering
operations; and Pauley aided and abetted the USAO, the District Court (SDNY), and the
Bankruptcy Court (NDGA) to knowingly and deliberately, in bad faith resist the preclusive
res judicata effects of the Rule 41 Final Judgment, and the Gov-I Final Judgment.
f. From 2005 to this death in 2021, without interruption, Pauley knowingly and in bad faith
functioned as a covert agent of the USAO and SEC , and colluded, and conspired with the
RICO CCE’s participants, the USAO, the SEC, the FBI, Marlon G. Kirton, the USPO, the
District Court (NDGA), the Court of Appeals for the Eleventh Circuit, the State Bar, the
District Court (D. NV), the District Court (SDNY), Ruby Krajick, Edward T.M. Garland, Gary
G. Becker, Michael H. Dolinger, Alexander H. Southwell, Michael J. Garcia, Michael F.
Bachner, Thomas W. Thrash, Jr., Wendy L. Hagenau, KTS, and other Unindicted
Coconspirators; and Pauley willfully resisted the Rule 41 Final Judgment’s res judicata
effects, coordinated the 05cr1115 (SDNY) proceedings in such an obstructive manner to
obstruct justice, and protect the loan sharking and money laundering racketeering
activities of the RICO CCE by the willful commission of two or more racketeering activities,
to wit, mail and wire fraud, conspiracy, honest services conspiracy, aiding and abetting,
racketeering to obstruct justice, money laundering, RICO unlawful debt creation and
collection, and conspiracy to commit securities fraud.
Page 46 of 62
Y. Crimes, willful contempts, conspiracy, frauds on the court,
racketeering activity, and frauds committed by Robert W. Sweet.
a. From beginning in 2004 and continuing to his death in 2019, Robert W. Sweet, without
interruption, acted and functioned as a covert agent of the USAO, the RICO CCE, and the
Unindicted Coconspirators; and agreed, acted in concert, aided, abetted, facilitated, and
enabled the continued creation and collection of RICO unlawful debts by the RICO CCE
and its participants; and
b. from 2007 until his death in 2019 Sweet colluded and conspired with the USAO, the SEC,
and the RICO CCE’s participants, and committed two or more racketeering activities and
obstructed justice, and Sweet knowingly resisted the res judicata preclusive effects of the
Rule 41 Final Judgment to the extent to obstruct justice and refused to reverse, vacate,
and annul the conviction, sentence, and fines fraudulently imposed by Sweet in the U.S.
v. Ware, 04cr1224 (SDNY) proceedings while Sweet and the USAO lacked an 18 USC 3231
“offense” in the 04cr1224 charging document.
c. Sweet aided, abetted, and assisted the USPO and Thomas J. McCarthy to fabricate and
falsify the presentencing report (“PSI”) filed in U.S. v. Ware, 04cr1224 (SDNY).
d. Sweet, the USPO, and McCarthy agreed, arranged, and orchestrated, and Sweet
coordinated the preparation, drafting, and filing into the Court the false PSI as the criminal
means and methods on behalf of the RICO CCE to enable the RICO CCE to obtain
purported restitution of $1.1 million, the amount of the Criminal Usury Unlawful Debt.
Page 47 of 62
e. Sweet, the USPO, McCarthy, and the USAO in 2009 willfully and in bad faith resisted the
Rule 41 res judicata preclusive effects and entered a null and void ab initio consecutive
sentence in 04cr1224 on behalf of the RICO CCE.
f. Sweet, the USPO, the USAO, and McCarthy’s crimes, frauds, frauds on the court, civil and
criminal contempts, and racketeering activities caused and will continue to cause
irreparable injuries, harms, and damages to Ulysses T. Ware.
Z. Crimes, willful contempts, conspiracy, frauds on the court,

racketeering activity, and frauds committed by the U.S. Court of
Appeals for the Eleventh Circuit (Tjoflat, Wilson, Marcus, and
Jordan) apropos 02cv2219 vis-à-vis 03-93031 (BC NDGA).
a. Beginning in 2012 and continuing to the present, September 2022, the Court of Appeals
for the Eleventh Circuit’s judges, Tjoflat, Wilson, Marcus, and Jordan, (the “Circuit
Judges”), criminally aligned themselves with the RICO CCE, agreed and colluded,
conspired, obstructed justice, aided, abetted, and facilitated the RICO CCE to continue to
collect the Criminal Usury Unlawful Debt and entered non-sensical orders in two petitions
for writ of mandamus filed by Ulysses T. Ware regarding the 93031 Bankruptcy Court’s
frauds on the court committed by KTS, and the Bankruptcy Court.
b. The Circuit Judges in 2012-13 knowingly, deliberately, and in bad faith resisted the res
judicata preclusive effects of the Rule 41 Final Judgment on the 93031 Bankruptcy Court’s
proceedings and colluded and conspired with the RICO CCE participants, and rigged and
Page 48 of 62
fixed the mandamus proceedings and aided and abetted the RICO unlawful debt
collection operations of the RICO CCE.
c. The Circuit Judges conspired and were knowingly complicit in the Bankruptcy Court’s
malicious resistance to the Rule 41 Final Judgment’s res judicata preclusive effects by
their completely frivolous and fraudulent mandamus rulings.
Signed this 19th day of March 2023, under oath, subject to the penalty of perjury, having personal
knowledge of the facts, pursuant to 28 USC 1746 in Brooklyn, NY.
Ulysses T. Ware
/s/ Ulysses T. Ware
March 19, 2023
Brooklyn, NY
End of Declaration
Page 49 of 62
Exhibits—Suppressed and concealed actual innocent Brady exculpatory
and impeachment evidence.
Page 50 of 62
Exhibit 1: Calculation of NYS actual innocent, false incarceration, unlawful detention
damages: the number of days between 11/18/2004 and 03/19/23 and sum certain
compensatory actual damages claim calculation.
There are 6696 days between 11/18/2004 and 03/19/23 multiplied by $350,000
per day in actual innocent, wrongful and illegal detention irreparable
compensation and damages = $ 2,343,600,000 in total civil contempt actual
damages, + $3.225 billion for NYS actual innocent, wrongful and illegal detention,
and, fraud on the court compensation, for a sum certain total of $5.568.6 billion
(USD).
Page 51 of 62
Exhibit 2: 12/20/2007, Rule 41(a)(2) superseding, voluntary, Final Judgment entered in
02cv2219 (SDNY), which as a matter of law and fact, ipso facto, annulled and vitiated the
government’s U.S. v. Ware, 04cr1224 (SDNY) indictment’s charges, and ipso facto
acquitted Ulysses T. Ware, Esq. of all charges in 04cr1224.
Page 52 of 62
Exhibit 3: August 18, 2009, Gov-I, final judgment entered in U.S. v. Ware, 07-5670cr
(XAP)(2d Cir.), entered predicated on the USAG’s voluntary, sua sponte, 11/07/2008,
dismissal with prejudice, and termination of the government’s cross-appeal, filed
regarding the 05cr1115 (SDNY) district court (Pauley, J.) October 2007, post-trial Rule 29
rulings in favor of Ulysses T. Ware, to wit Dkt. 99, (1) S. Tr. 31 L. 18-25; (2) S. Tr. 35-36; and
S. Tr. 73-76. The voluntary dismissal of the government’s cross-appeal triggered the
absolute finality of the Double Jeopardy Clause and res judicata against the Government;
was the law of the case, and terminated the Court of Appeals and the 1115 District Courts’
Article III and 18 USC 3231 subject matter jurisdiction over the 05cr1115 proceedings.
Page 53 of 62
Exhibit 3: U.S. v. Ware, 04cr1224 (SDNY), Brady order, Dkt. 32, Sweet, J. (deceased).
Page 54 of 62
Exhibit 3-1: (con’t).
Page 55 of 62
Exhibit 4: U.S. v. Ware, 05cr1115 (SDNY), Brady Order, Dkt. 17 (Pauley, J.) (deceased).
Page 56 of 62
Exhibit 4: (con’t).
Page 57 of 62
Exhibit 5: Proof that government witness Jeremy Jones entered an alleged Rule 11 plea in
September 2006, and received a “5k letter” according to Jones’ CJA lawyer Marlon G.
Kirton, Esq.
Page 58 of 62
Exhibit 5 (con’t). Alleged Sept. 2006 Rule 11 proceedings of a person the government
claimed was “Jeremy Jones.” However, the government has yet to present any proof the
person who allegedly appeared in the magistrate court was in fact the person legally
known as Jeremy Jones—the evidence suggest that no Rule 11 plea was ever entered in
05cr1115—that is, the proceedings were egregiously and deliberately fabricated by the
government as a fraud on the court.
Page 59 of 62
Exhibit 6: FINRA’s actual innocent Brady exculpatory and impeachment evidence, the May
17, 2021, certification of unregistered broker-dealer status for the 2cv2219 (SDNY)
plaintiffs
Page 60 of 62
Exhibit 7: Actual innocent Brady exculpatory and impeachment email evidence suppressed
and concealed by the government and the SEC in the U.S. v. Ware, 05cr1115 (SDNY)
proceedings.
Page 61 of 62
End of
document.
Page 62 of 62

Dkt. 203 (22cv3409) Ex. 143N-1 Re Rule 1.5 (B) (5) Declaration of Ulysses T. Ware

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Dkt. 203 (22cv3409) Ex. 143N-1 Re Rule 1.5 (B) (5) Declaration of Ulysses T. Ware

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22cv3409 (SDNY) (143N.

Exhibit N-1: Ulysses T. Ware’s Declaration in support of

A. Factual background of the conspiracy to obstruct justice, commit

purported so-called Subscription Agreement, (the “Subscription Agreement”).

as (the “RICO Unlawful Debt Illegal Contracts”).

d. Paragraph 10.1(iv) of the Subscription Agreement required GPMT to “register 200%” of

terms therein violated 18 USC 1961(6)(B).

false, frivolous, and fraudulent complaint, Dkt. 1, in 02cv2219 (SDNY);

Unregistered Broker-Dealers had suffered an injury-in-fact;

and interest amounts contained in the Illegal Contracts;

were not and had never been registered as broker-dealers;

were 15 USC 77b(a)(11) statutory underwriters of GPMT’s Conversion Securities

77e strict-liability registration requirements;

perjury as a government witness in U.S. v. Ware, 04cr1224 (SDNY), with the

an exemption to Section 5 of the 1933 Act;

Zitter and the 02cv2219 Unregistered Broker-Dealers ex parte moved the

a. On or about February 2001, or before, and continuing to the present, without

AG, Stonestreet, L.P., Markham Holdings, Ltd., Amro International, S.A., LH

purpose, and conspired to orchestrate and formed an illegal association-in-fact,

commit two or more acts of racketeering activities listed in 18 USC 1961(1), or

1 New York senator Charles Ellis Schumer and his cronies.

conduct the operations of the RICO Loan Sharking CCE.

GPMT’s equity securities.

and issue 10,000,000 free-trading shares of GPMT’s securities, then valued

shares were delivered to Zitter and the Unregistered Broker-Dealers ;

jurisdiction” on September 1, 2004, willfully and in bad faith imposed an illegal

Criminal Usury Unlawful Debt;7

fraudulent Rule 144 legal opinions to the 02cv2219 Unregistered Broker-Dealers

to enable an unregistered public offering of GPMT’s Conversion Securities.

the RICO CCE, its profits, proceeds, and participants.

in the 02cv2219 complaint, government trial witness in 04cr1224 Kenneth A.

pursuant to Fed. R. Civ. P. Rule 41(a)(2).

plaintiffs’ voluntarily demanded Rule 41(a)(2) dismissal with prejudice, and

entered final judgment, (the “Rule 41 Final Judgment”), in 02cv2219 (SDNY) in

Becky Landers, jointly, (the “Prevailing Parties”).

to be a bogus and fraudulent government appeal brief while knowing the

02cv2219 (SDNY) underlying criminal proceedings had been voluntarily dismissed

v. Ware, 09-0851cr (2d Cir.) appeal.

knowingly committed a fraud on the court, as officers of the court, and

C. Willful contempts, frauds on the court, conspiracy, racketeering

judicial services for the collection, 18 USC 1961(6)(B), and protection—obstruction of

for their families, friends, and professional privies.

Criminal Usury Unlawful Debt in violation of 18 USC 1961(6)(B).

over the 02cv2219 lawsuit entered a purported final judgment, GX 7.

matter jurisdiction over the claims in the 02cv2219 complaint.

contempt judgment against Petitioners, Dkt. 80.

and caused actual injuries, harms, and damages to Petitioners.

RICO CCE’s unlawful profits, proceeds, and participants.

D. Willful contempts, conspiracy, frauds on the court, racketeering

false, frivolous, and fraudulent complaint, Dkt. 1, in 02cv2219 (SDNY);

Unregistered Broker-Dealers had suffered an injury-in-fact;

interest amounts contained in the Illegal Contracts;

not and had never been registered as broker-dealers;

15 USC 77b(a)(11) statutory underwriters of GPMT’s Conversion Securities and therefore

5 of the 1933 Act;

and testified the 02cv2219 court’s orders were lawful orders;

collect the Criminal Usury Unlawful Debt.

Dkt. 90, 02cv2219 (SDNY). Ex. 2, infra.

E. Willful contempts, frauds on the court, conspiracy, frauds, and

11 Margaret H. Murphy, Joyce Bihary, Coleman Ray Mullins, Wendy L. Hagenau.

12 Bankruptcy Clerk (NDGA) M. Regina Thomas, and clerk Patricia Sinback.

Unregistered Broker-Dealers, any judicial relief; Murphy deliberately as a conspiracy to

activities; and the Bankruptcy Court.