Docket 07-5222cr/07-5670cr (XAP) (02)

In the United States Court of Appeals

For the Second Circuit
Filed on Thursday, April 6, 2023
__________________

Respondents United States of America, Appellee, cross-appellant, and Edgardo

Ramos, Edward T.M. Garland, Manibur S. Arora, Donald F. Samuel, Gary G.
Becker, Michael F. Bachner, Marlon G. Kirton, and Jeremy Jones,
v.
Applicant Ulysses T. Ware, Appellant, cross-appellee.
________________

VERIFIED LEAVE TO FILE and APPLICATION FOR EMERGENCY RELIEF

PETITION—NEWLY DISCOVERED ACTUAL INNOCENT BRADY
EXCULPATORY EVIDENCE.
Applicant-Appellant Ulysses T. Ware’s, emergency application and leave to file petition to the
Court of Appeals regarding recently discovered intentionally, willfully, and in bad faith
undisclosed, suppressed, and concealed actual innocent Brady exculpatory and impeachment
evidence that was deliberately and intentionally concealed, suppressed, and hidden by the Office
of the U.S. Attorney (SDNY), (the “USAO”), Andre Damian Williams, Jr., the Appellee, (the
“Government”), and the District Court ( Ramos, J.) (i) to commit a bad faith fraud on the court,
(ii) to maliciously violate Appellant’s constitutional rights, and (iii) to willfully violate the District
Court’s (Pauley, J.) May 19, 2007, Dkt. 17, Tr. 5-10, Brady court order, (the “Brady Court Order”),
in violation of the Code of Conduct for Federal Judges, the DOJ’s and the District Court’s Rules on
Ethics and Professional Conduct Rules 3.3, 3.4, 8.4, and duty of complete candor to the tribunal.
Submitted by Applicant-Appellant:
The Office of Ulysses T. Ware
123 Linden Blvd., Ste 9-L
Brooklyn, NY 11226
(718) 844-1260
Utware007@gmail.com

Page 1 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).
 Table of Contents

Exhibit 3-4—Concealed and suppressed Brady exculpatory evidence—an official SEC internal
email which confirmed the 2003 SEC-DOJ Las Vegas 03-0831 (D. NV) illegal and unconstitutional
bootleg grand jury proceedings, are admitted by disgraced former SEC lawyer Jeffrey B. Norris to
be illegal and unconstitutional, and violated the Due Process rights of Ulysses T. Ware, Esq. ......... 4
B Norris’ actual innocent Brady exculpatory official SEC email to the government’s “principal
witness” trial witness Jeremy Jones—prior to trial in U.S. v. Ware, 05cr1115 (SDNY), the SEC’s
lawyers involved in the commingled SEC-DOJ unconstitutional Las Vegas 03-0831 (D. NV) litigation,
SEC v. Investment Tech, Ware, et al., the SEC’s lawyers had concluded there was no conspiracy
between Jones, Ware, and the government’s 05cr1115 (SDNY) trial witnesses. The USAO
deliberately and intentionally suppressed and concealed this evidence as a fraud on the court, and a
willful violation of the Brady Court Order, 18 USC 401(3) criminal and civil contempt......................... 5
C CJA lawyer Marlon G. Kirton, Esq. letter to the District Court (Pauley, J.) which admitted and
confessed that the government’s “principal witness” in 05cr1115 criminal proceedings, Jeremy
Jones, had in fact entered a concealed and suppressed Rule 11 plea and cooperation agreement,
and that Jones had “cooperated” with the USAO and had received a “5k letter” from the
government at his sentencing for substantial assistance to the government by knowingly and
deliberately committing perjury during the 05cr1115 trial with the consent and knowledge of the
USAO’s prosecutors, AUSA Alexander H. Southwell, Steven D. Feldman, Nicholas S. Goldin, Andrew
L. Fish, Michael J. Garcia, Preet Bharara, and others. ............................................................................. 6
D-1 Suppressed and concealed alleged September 2006 Rule 11 proceedings of government
“principal witness” the person alleged to have been “Jeremy Jones. The Government and the
05cr1115 district court (Ramos, J.) both have maliciously refused to produce or disclose any judicial
public records related to Jeremy Jones’ alleged Rule 11 or sentencing proceedings. .......................... 7
D-2 Alleged September 2006 Rule 11 proceedings of government “principal witness” the person
alleged to have been “Jeremy Jones. Apparently a person who the government claimed without any
proof in the record was “Jeremy Jones” signed a Rule 11 plea agreement dated “September 15, 2006,”
prior to trial in 05cr1115 that started on January 16, 2007. Jones’ Jencks Act, Brady, and Giglio materials
were ordered by The Brady Court Order, Dkt. 17, to have been disclosed “prior to the start of trial.” ..... 8
E The suppressed and concealed actual innocent Brady exculpatory Executive Branch’s July 14,
2003, ¶33, affirmative defense and acquittal of all charges in U.S. v. Ware, 05cr1115 (SDNY) made in
the SEC-DOJ’s 03-0831 (D. NV) SEC v. Investment Technology, et al., suppressed and concealed actual
innocent Brady exculpatory and impeachment evidence complaint—that is, a binding stipulation,
judicial admission, and confession by the United States and its privies—which vitiated all probable
cause to arrest and prosecute, an Executive Branch affirmative defense to all charges in 05cr1115
(SDNY), that INZS and SVSY’s disclosures had “no effect”—no alleged “artificial” “inflation,” no
“increase,” no “pumped up” or other material effect on the stocks “prices”—in contradiction to and

Page 2 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).
 impeachment of the Government’s U.S. v. Ware, 05cr1115 (SDNY) trial theory, and impeachment of
the decision of the Court of Appeal entered in its August 18, 2009, opinion (Kearse, J.) entered in
U.S. v. Ware, 07-5222cr (2d Cir. 2010)...................................................................................................... 9
.................................................................................................................................................................. 9
Enlargement of Ex. C .................................................................................................................................. 10
End of document. ....................................................................................................................................... 11

Page 3 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).
Exhibit 3-4—Concealed and suppressed Brady exculpatory evidence—an official SEC internal email
which confirmed the 2003 SEC-DOJ Las Vegas 03-0831 (D. NV) illegal and unconstitutional bootleg
grand jury proceedings, are admitted by disgraced former SEC lawyer Jeffrey B. Norris to be illegal
and unconstitutional, and violated the Due Process rights of Ulysses T. Ware, Esq.

Page 4 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).
B Norris’ actual innocent Brady exculpatory official SEC email to the government’s
“principal witness” trial witness Jeremy Jones—prior to trial in U.S. v. Ware, 05cr1115
(SDNY), the SEC’s lawyers involved in the commingled SEC-DOJ unconstitutional Las Vegas
03-0831 (D. NV) litigation, SEC v. Investment Tech, Ware, et al., the SEC’s lawyers had
concluded there was no conspiracy between Jones, Ware, and the government’s 05cr1115
(SDNY) trial witnesses. The USAO deliberately and intentionally suppressed and concealed
this evidence as a fraud on the court, and a willful violation of the Brady Court Order, 18
USC 401(3) criminal and civil contempt.

Page 5 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).
C CJA lawyer Marlon G. Kirton, Esq. letter to the District Court (Pauley, J.) which
admitted and confessed that the government’s “principal witness” in 05cr1115 criminal
proceedings, Jeremy Jones, had in fact entered a concealed and suppressed Rule 11 plea
and cooperation agreement, and that Jones had “cooperated” with the USAO and had
received a “5k letter” from the government at his sentencing for substantial assistance to
the government by knowingly and deliberately committing perjury during the 05cr1115
trial with the consent and knowledge of the USAO’s prosecutors, AUSA Alexander H.
Southwell, Steven D. Feldman, Nicholas S. Goldin, Andrew L. Fish, Michael J. Garcia, Preet
Bharara, and others.

Page 6 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).
D-1 Suppressed and concealed alleged September 2006 Rule 11 proceedings of
government “principal witness” the person alleged to have been “Jeremy Jones. The
Government and the 05cr1115 district court (Ramos, J.) both have maliciously refused to
produce or disclose any judicial public records related to Jeremy Jones’ alleged Rule 11 or
sentencing proceedings.

Page 7 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).
D-2 Alleged September 2006 Rule 11 proceedings of government “principal witness” the
person alleged to have been “Jeremy Jones. Apparently a person who the government
claimed without any proof in the record was “Jeremy Jones” signed a Rule 11 plea
agreement dated “September 15, 2006,” prior to trial in 05cr1115 that started on January
16, 2007. Jones’ Jencks Act, Brady, and Giglio materials were ordered by The Brady Court
Order, Dkt. 17, to have been disclosed “prior to the start of trial.”

Page 8 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).
E The suppressed and concealed actual innocent Brady exculpatory Executive Branch’s
July 14, 2003, ¶33, affirmative defense and acquittal of all charges in U.S. v. Ware, 05cr1115
(SDNY) made in the SEC-DOJ’s 03-0831 (D. NV) SEC v. Investment Technology, et al.,
suppressed and concealed actual innocent Brady exculpatory and impeachment evidence
complaint—that is, a binding stipulation, judicial admission, and confession by the United
States and its privies—which vitiated all probable cause to arrest and prosecute, an
Executive Branch affirmative defense to all charges in 05cr1115 (SDNY), that INZS and
SVSY’s disclosures had “no effect”—no alleged “artificial” “inflation,” no “increase,” no
“pumped up” or other material effect on the stocks “prices”—in contradiction to and
impeachment of the Government’s U.S. v. Ware, 05cr1115 (SDNY) trial theory, and
impeachment of the decision of the Court of Appeal entered in its August 18, 2009, opinion
(Kearse, J.) entered in U.S. v. Ware, 07-5222cr (2d Cir. 2010).1

1
Had ¶33 and the SEC’s lawyers involved in the Las Vegas 03-0831 (D. NV) proceedings been available,
and permitted to be compelled and subpoenaed to testify pursuant to Applicant’s Sixth Amendment right
to compel witnesses—before trial, Dkt. 35, the USAO moved for an in limine order that prohibited
Applicant from compelling the SEC’s lawyers and use of ¶33 during the 05cr1115 trial. Applicant would
have presented actual innocent Brady impeachment and exculpatory evidence and testimony to the jury
which completely impeached the government’s trial witnesses’ known perjured testimony, called into the
credibility of the government’s witnesses, and moreover, called into question the conduct of the USAO’s
prosecutors ethics and professional conduct.

Page 9 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).
Enlargement of Ex. C

Page 10 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).
 End of
document.

Page 11 of 11
Newly discovered actual innocent Brady exculpatory and impeachment evidence was deliberately and
intentionally suppressed, concealed, and covered up by the District Court (Pauley, J. and Ramos, J.), and
the Office of the U.S. Attorney (SDNY).