No.

23-865/23-869 (25)(Part 17A)

Filed on 8/21/2023 7:41:40 AM
In the United States Court of Appeals
For the Second Circuit
_____
Ulysses T. Ware (Appellant-Petitioner)
v.
United States, et al. (Appellee).
___________
Appellant Ulysses T. Ware’s Part 17A to July 24, 2023, Part 17 L.R. 27-1
Emergency Motion to Show Cause re Appellant’s Declaration of Effective
Denial of Emergency Motion and Abuse of Discretion.1
Re: Brady Court Order Civil and Criminal Contempt by Attorney General Merrick
B. Garland2 Pursuant to 28 USC 519 for the Immediate Search, Disclosure, and
Production of all Brady evidence and Judicial Public Records associated with
Government Witness Jeremy Jones; Grand Jury and Trial Witnesses—

1
In violation of 18 USC 2, 241, 242, 371, 401(2), 401(3), 1519, and 2071; 42 USC 1983, 1985(2), and 1985(3)
the employees of the Office of the Circuit Clerk have knowingly, willfully, recklessly, criminally, and in bad
faith suppressed, concealed, and removed from timely public view and inspection the August 13, 2023,
Part 18, Rule 27-1 motion for a certified chain of custody of judicial court records pertaining to the
government’s witness a person Merrick B. Garland and Damian Williams claims is “Jeremy Jones,” the
disclosure of Colleen McMahon’s RICO 18 USC 1961(6)(B) criminal usury, unlawful convertible promissory
note investments, and production of a certified audit and accounting of all illegal insider-trading 15 USC
78p(b) short-swing profits of the 02cv2219 (SDNY) plaintiffs and their agents, proxies, surrogates, and
alter-egos.
2
A former Circuit Judge on the Court of Appeals for the D.C. Circuit. See In re Sealed Case, 185 F.3d 887
(D.C. Cir. 1999) (Garland, J.) (ordered the government to “search for,” and “disclose” all plea and
cooperation agreements of all witnesses or persons involved in criminal proceedings—ruled the
government had a Brady “duty to search” for all cooperation agreements (Brady materials) and disclose
what was found to the defendant). Cf. alleged Sept. 2006 null and void ab initio Rule 11 [perjury] plea and
USSG 5k1.1 [perjury] cooperation contracts of a person whom Merrick B. Garland and the DOJ claim is
“Jeremy Jones.”

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unregistered broker-dealer Ari Rabinowitz, and FRE 404(b) witness former SEC
lawyer Jeffrey B. Norris.

Respectfully 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

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 Table of Contents

Appellant Ulysses T. Ware’s Declaration of Irreparable Harm and Fraud on the Court, Civil and Criminal
Contempt, and Suppression and Concealment of Judicial Filings, and Court Records. ................................ 5
Figure 1—Emergency Motion’s Form T-1080 filed on July 24, 2023. ...................................................... 15
Exhibit 1—23-865 Docket as of August 10, 2023, at 7:11 AM. ............................................................... 16
Exhibit 2—23-869 Docket as of August 10, 2023, as of 7:11 AM............................................................ 17
Exhibit 3—FINRA’s May 17, 2021, unregistered broker-dealer certification. ......................................... 18
Exhibit 4—SEC-DOJ Brady actual innocent, exculpatory email--Concealed and suppressed actual
innocent Brady exculpatory evidence. .................................................................................................... 19
Exhibit 5—Rule 41(a)(2) superseding final order, 02cv2219 (SDNY) (Sand, J.) Concealed and suppressed
actual innocent Brady exculpatory evidence. ......................................................................................... 20
Exhibit 6—Las Vegas 03-0831 (D. NV) Bootleg Grand Jury illegal complaint--Concealed and suppressed
actual innocent Brady exculpatory evidence—the unsigned Las Vegas commingled SEC-DOJ Bootleg
Grand Jury manifestly fraudulent and frivolous complaint. ................................................................... 21
Exhibit 7—Marlon G. Kirton’s letter to the 05cr1115 district court regarding USSG 5k1.1 perjury letter--
Suppressed and concealed Brady evidence regarding a person claimed to be “Jeremy Jones.” ............ 22
Exhibit 7-1—Missing alleged Sept 22, 2006, alleged Rule 11 proceeding--Concealed and suppressed
actual innocent Brady exculpatory evidence regarding a person claimed to be “Jeremy Jones.” .......... 23
Exhibit 7-2—Ruby Krajick’s fake and fabricated 05cr1115 docket--Concealed and suppressed actual
innocent Brady exculpatory evidence regarding a person claimed to be “Jeremy Jones.” 2009 Ruby
Krajick’s bogus, fraudulent, and criminally fabricated 05cr1115 (SDNY) docket which contains no
record of the fake and fabricated alleged Rule 11 Sept 2006 proceeding that involved Jeremy Jones. 24
Exhibit 8—August 13, 2023, Part 18, Rule 27-1 motion resubmitted on August 17, 2023, to the Court of
Appeals for filing and docketing in 23-865 and 23-869 (2d Cir.). ............................................................ 25
Exhibit 9—Form 13G/A January 9, 2002, Konrad Ackermann on behalf of Alpha Capital, AG disclosure
of +6.88 million shares of beneficial ownership in Group Management Corp., GPMT’s equity securities.
................................................................................................................................................................ 26
Exhibit 10--the DOJ’s EOUSA’s March 20, 2023, In re Ware, 000907, FOIA response. ............................ 29
Exhibit 11—Dkt. 137, 10/27/22 (02cv2219)(SDNY), McMahon, J., ultra vires, bogus, fraudulent, null
and void ab initio order entered to obstruct justice, and as an overt act in furtherance of the Hobbs
Act, 18 USC 1951 extortion, money laundering, kidnapping, and armed robbery conspiracy ongoing in
the SDNY federal court to cover up, conceal, and suppress the Hobbs Act international loan sharking,
extortion, money laundering, and conspiracy run by Ari Rabinowitz, LH Financial Services, Alpha
Capital, AG (Anstalt), Colleen McMahon, Frank V. Sica, David N. Kelly, Dechert, LLP, Alexander H.
Southwell, Nicholas S. Goldin, Maria E. Douvas, Thomas T. Thrash, J., Kilpatrick, Townsend, & Stockton,

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 LLP, Konrad Ackermann, Joseph Hammer, Trailblazer Merger Corp., I, Loeb & Loeb, LLP, Mitchell
Nussbaum, Esq., Edward M. Grushko, Barbara R. Mittman, and others known and unknown. ............ 30
End of document. ....................................................................................................................................... 33

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Appellant Ulysses T. Ware’s Declaration of Irreparable Harm and Fraud on
the Court, Civil and Criminal Contempt, and Suppression and
Concealment of Judicial Filings, and Court Records.

I, Ulysses T. Ware, (the “Appellant”), under oath, subject to the penalty of perjury, having
personal knowledge of the facts, pursuant to 28 U.S.C 1746, hereby this 21st day of August 2023,
in Brooklyn, NY, and states the following facts as true and correct.
Fact 1
Ulysses T. Ware is actually and factually innocent of all charges in (1) U.S. v. Ware,
04cr1224 (SDNY), (“1224”), and (2) U.S. v. Ware, 05cr1115 (SDNY), (“1115”), jointly, (the
“Criminal Proceedings”).
Fact 2
A fundamental miscarriage of justice took place in the sub judice Criminal Proceedings,
and also in the habeas corpus proceedings—that is, the Appellee, its agents, proxies, surrogates,
and alter-egos, the Respondents, jointly, (the “Unindicted Coconspirators”), to the Emergency
Motion to Show Cause, (the “Emergency Motion”), since on or before, May 19, 2006, the entry
of the 1115 Brady court order, and continuing without interruption to today, July 27, 2023, (i)
conspired with each other and others; (ii) covertly and knowingly formed and individually entered
into an illegal association in fact, a continuing criminal enterprise; and (iii) all knowingly agreed,
colluded, confederated, associated, coordinated, acted in concert, and orchestrated the
continued concealment, suppression, theft, removal, obstruction, and in general hiding of
material, and dispositive, (A) judicial court records, and (B) actual innocent Brady exculpatory and
impeachment evidence required to have been disclosed to Appellant (i) “before the start of trial”
(emphasis added) (quoting Pauley, J.), Dkt. 17, Tr. 5-6 (May 19, 2006)(1115), and (ii) “before the
commencement of trial” (emphasis added) (quoting Sweet, J.), Dkt. 32, (August 10, 2007) order,
jointly, (the “Brady Court Orders”).
Fact 3
The Unindicted Coconspirators alleged that on or about September 22, 2006, in the
Magistrate Court (SDNY) (Dolinger, J.), a person USAG Merrick B. Garland now claims to be
without any record proof was Jeremy Jones, Appellee’s 1115 “principal witness,” actually
appeared in the Magistrate Court and actually entered into (A) a Rule 11 [perjury] plea of guilty
to the 1115 S1 indictment; and (B) also the person USAG Merrick B. Garland now claims to be
“Jeremy Jones” also entered into a covert USSG 5k1.1 [perjury] substantial assistance contract,
(the “Illegal Contracts”), with Appellee to knowingly, intentionally, and with a depraved and evil

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mind supply Appellee with perjured, false, and misleading trial testimony in 1115 in exchange for
money, pecuniary, and penal personal benefits.3
Fact 4
On May 17, 2021,4 FINRA’s custodian of records officially certified that each of the
02cv2219 (SDNY) lawsuit’s plaintiffs, (the “Alpha Group”) had never lawfully, as required by
federal law, 15 USC 78o(a)(1), registered to operate in the United States [and NY state] as broker-
dealers—that is, the Alpha Group and its U.S. agents, (i) Ari Rabinowitz and (ii) LH Financial
Services, (the “RICO Loan Sharking CCE”), were on February 2, 2001, the date of purchase of the
RICO criminal usury convertible promissory note investments, GX 1-4, (the “Criminal Usury
Subject Matter”), were not authorized in the United States and NY state to conduct broker or
dealer transaction(s) in the Criminal Usury Subject Matter, GX 1-4 (the “RICO Notes”), and GX 5
(the “RICO Underwriting Contract”), jointly, (the “Void RICO Unlawful Debt Contracts” or “RICO
Contracts”).
Fact 5
From May 19, 2006, to date USAG Merrick B. Garland, Appellee, and the Respondents
have knowingly, willfully, deliberately, intentionally, and in bad faith hidden, suppressed,
concealed, removed, stolen, and misappropriated the actual Innocent Brady Evidence in their
actual and/or constructive possession; and thus, USAG Merrick B. Garland, the Respondents, and
their agents have knowingly violated and resisted the commands of the Brady Court Orders which
constitutes civil and willful 18 USC 401(2), and 401(3) criminal contempt, which prejudiced
Appellant, and caused irreparable harms, injuries, and damages.
Fact 6
Appellant was, is currently, and will continue to be--unless this Court enters the
Emergency Show Cause Order, irreparably injured, damaged, and harmed by the willful civil and
criminal contempt by the Respondents’ of the Brady Court Orders’ written and implicit commands
to search for, disclose, and produce to Appellant all Brady evidence, and all judicial public records
associated with a person USAG Merrick G. Garland now claims to be “Jeremy Jones” required to

3
On June 5, 2023, the District Court (SDNY) records department supervisor David Ng personally informed
Ulysses T. Ware “there is no record of Jeremy Jones’ Rule 11 plea or USSG 5k1.1 cooperation agreement
in this office … we do not have them … if we had them I would give them to you .. you will have to look
elsewhere for the documents, we don’t have them ….” (paraphrased) (emphasis added). The District Court
(SDNY) is required to keep and maintain all judicial court records of all judicial proceedings in the SDNY’s
courts. Thus, the chain of custody of the missing court records must be produced by Appellee and the
Respondents to this Court and to Appellant as required by 18 USC 2071.
4
See Exhibit 1, infra.

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have been disclosed and produced to Appellant “before the start of [the 2007 1115] trial” and
“before the commencement of [the November 2007 1224] trial.”

Fact 7
Exhibit 1, infra, the 23-865 docket, and Exhibit 2, infra, the 23-869 docket as of 7:11 AM
on August 10, 2023, do not show the official filing and docketing of Appx. 43-1 (08.04.23 filing);
Appx 43-2 (08.04.23 filing); Appx. 43-3 (08-06.23 filing); and Appx. 43-3 (08.08.23 filing), (the
“Missing Filings”).
Fact 8
As of August 10, 2023, as of 7:11 AM the Circuit Clerk’s office has not confirmed the actual
submission of Appellant’s July 24, 2023, Emergency Motion to Show Cause to a Rule 27-1
substantive motion panel of the Court of Appeals for the Second Circuit.
Fact 9
As of August 10, 2023, Appx. 43-1, Appx 43-2, Appx. 43-3, and Appx. 43-4, the Missing
Filings have been suppressed and concealed in violation of 18 USC 2, 241, 242, 371, 401(2),
401(3), 1519, and 2071 by employees of the Office of the Circuit Clerk as an overt act in
furtherance of the conspiracy to violate, disobey, and (1) resist the disclosure and production
requirements of the Brady Court Orders, (2) the Rule 41(a)(2) Final Judgment’s preclusive effects,
and (3) the Gov-I Final Judgment’s preclusive effects, res judicata, and the Double Jeopardy
Clause’s strict prohibition on all fact-finding—that is, a conspiracy to deprive and violate
Appellant’s civil and due process rights have access to the Court to present grievances and to
enforce court orders and judgments entered in his favor as the prevailing party.
Fact 10
The Office of the Circuit Clerk has an actual conflict of interest regarding the filing and
docketing of the Missing Filings—that is, the Circuit Clerk’s employees Richard Dessources and
Catherine O’Hagan-Wolf, and others, are personally and individually named and implicated in the
ongoing conspiracy, since 2009, to delay, obstruct, steal, suppress, conceal, remove, obstruct,
impede, and delay the adjudication of the merits of pleadings submitted to the Court by Appellant
to expose the Hobbs Act RICO 18 USC 1961(6)(B), NYS Penal Law, section 190.40, the criminal
usury law, a class E felony, unlawful debt collection, 15 USC 77em 77x, and 78ff securities fraud,
Section 16 of the 1934 Act disgorgement securities fraud, loan sharking, money laundering,
extortion, kidnapping, armed robbery, bribery, perjury, grand jury fraud, bankruptcy fraud, bank
fraud, wire fraud, mail fraud, RICO conspiracy, (the “RICO Conspiracy”), that involves
unregistered broker-dealers and direct or indirect participants in the RICO Conspiracy, to wit:

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Leonard B. Sand, David N. Kelley, Michael J. Garcia, Preet Bharara, Andre Damian Williams,
Merrick B. Garland, Daniel Gitner, Margaret M. Garnett, Kenneth A. Zitter, Ari Rabinowitz, Colleen
McMahon, Frank V. Sica, Robert W. Sweet, William H. Pauley, III, Peter W. Hall, Robert A.
Katzmann, Amalya L. Kearse, Robert D. Sack, Debra Ann Livingston, Richard Dessources, Catherine
O’Hagan-Wolf, Ruby Krajick, Alexander H. Southwell, Nicholas S. Goldin, Maria E. Douvas,
Katherine Polk-Failla, Sarah E. Paul, Steven D. Feldman, Andrew L. Fish, Jun Xiang, Won Shin, Lisa
Monaco, Vanita Gupta, Thomas W. Thrash, Jr., Wendy L. Hagenau, Coleman Ray Mullins, Margaret
H. Murphy, Joyce Bihary, John A. Horn, the SEC, the FBI, the Administrative Office of the U.S.
Courts, the EOUSA, M. Regina Thomas, Patricia Sinback, Dennis S. Meir, John W. Mills, III, J. Henry
Walker, IV, Kilpatrick, Townsend, & Stockton, LLP, Baker & McKenzie, LLP, Lawrence B. Mandala,
Thomas Leghorn, Robert Alberal, London Fisher, LLP, Bernard London, the State Bar of Georgia
(its employees and agents), Jeremy Jones, Marlon Kirton, Michael H. Dolinger, Andrew J. Peck,
David Makol, Maria A. Font, David Mulcahy, Thomas J. McCarthy, Colleen Tyler, Michael
Fitzpatrick, and the U.S. Marshals (SDNY, NDGA), jointly, collectively, individually, and personally,
(the “Unindicted Coconspirators”).

Fact 11
Appellant on August 13, 2023, see Ex. 8, infra, submitted to the Court of Appeals for
immediate filing and docketing Part 18, August 13, 2023, Rule 27-1 motion, Form T-1080, and a
certificate of service, jointly, (the “Rule 27 Motion”).

Fact 12
As of August 17, 2023, the Rule 27 Motion did not appear on the 23-865 and 13-869 (2d
Cir.) dockets, and Appellant on August 17, 2023, again resubmitted the Rule 27 Motion to the
Circuit Clerk for filing.
Fact 13
The 02cv2219 (SDNY) plaintiffs, Alpha Capital, AG, Stonestreet, L.P., Markham Holdings,
Ltd., and Amro International, S.A., (the “Plaintiffs”), in February 2001, and all time thereafter
were members of a Rule 13d affiliated group, (the “Group”), and each Plaintiff was deemed the
beneficial owner of Alpha Capital’s +6.88 million shares of GPMT’s equity securities—that is, each
Plaintiff as a matter of law claimed and admitted legal ineligibility for any Rule 144 exemption
to 15 USC 77e, 77x, and 78ff strict-liability registration requirements as a result of Alpha Capital,
AG’s Konrad Ackermann’s January 9, 2002, Form 13G/A filing with the Securities and Exchange
Commission disclosure of Alpha Capital, AG’s beneficial ownership in GPMT’s equity securities.
See Exhibit 9, infra.

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 Fact 14
Alpha Capital, AG’s Konrad Ackermann’s January 9, 2002, Form 13G/A, Exhibit 9, infra, is
an admission and stipulation on a governmental regulatory filing on behalf of Alpha Capital, AG
and its officers, directors, and other affiliates, i.e., government 04cr1224 (SDNY) trial witness Ari
Rabinowitz’s beneficial ownership of +6.88 million shares in GPMT in November 2007 when
Rabinowitz testified for the government and knowingly committed perjury suborned by the
government’s prosecutors, Michael J. Garcia, Maria E. Douvas, Nicholas S. Goldin, Katherine Polk-
Failla, and Sarah E. Paul, (the “DOJ Prosecutors”), including Merrick B. Garland, Damian Williams,
Daniel Gitner, Margaret M. Garnett, Lisa Monaco, Vanita Gupta, Preet Bharara, and others
including Edgardo Ramos, Laura Taylor Swain, Colleen McMahon, Wendy L. Hagenau, and Thomas
W. Thrash, Jr..
Fact 15
In November 2007 during the U.S. v. Ware, 04cr1224 (SDNY) 18 USC 401(3) criminal
contempt trial—the government’s David N. Kelley fraudulently and recklessly in bad faith
charged Appellant with the willful refusal to draft, sign, and issue bogus and fraudulent Rule
144(k) legal opinions to the Plaintiffs: (i) 15 USC 78p(b) statutory insiders, (ii) Section 2(a)(11)
statutory underwriters, (iii) unregistered broker-dealers, and (iv) Rule 13d affiliates of GPMT, when
Rabinowitz lied and committed perjury with the knowledge and consent of the DOJ Prosecutors—
the government and Rabinowitz knew that Konrad Ackermann on January 9, 2002, had filed a
false and fraudulent Form 13G/A disclosure of beneficial ownership with the SEC, Exhibit 9, infra,
which legally admitted legal ineligibility for Rule 144(k) for each Plaintiff—accordingly, (1) Kelley
and the DOJ Prosecutors knew in November 2004, knew during the November 2007 trial, knew
during the 2009 09-0851 appeal, and currently know during the 23-865 and 23-869 appeals the
04cr1224 indictment was and is null and void ab initio and (2) the 04cr1224 indictment failed
as a matter of law and fact to charge an 18 USC 3231 offense. The 02cv2219, 04cr1224, 09-0851
(2d Cir.), 11-4181 (2d Cir.), and 23-865 (2d Cir.) proceedings are moot for lack of subject matter
jurisdiction over the underlying proceedings.
Fact 16
The Government and the DOJ Prosecutors all knew in November 2004 the 04cr1224
(SDNY) indictment’s charges were bogus, false, fraudulent, and null and void ab initio; all knew
the charges did not plead an 18 USC 401(3) offense, and all therefore knew, or in reckless and/or
negligent disregard for the law, 15 USC 78p(b), 15 USC 77b(a)(11), 15 USC 78o(a)(1), SEC Release
33-7190 n. 17 (1995), and 15 USC 77e, 77x, and 78ff, that the Plaintiffs, LH Financial Services,
Rabinowitz, Alpha Capital, AG, and Konrad Ackerman had been since January 2002 and then in
November 2007 were then in criminal violation of 18 USC 2, 157, 371, 1956-57, 1962(a-d), and

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1961(6)(B) RICO unlawful debt collection of the criminal usury convertible promissory notes, GX
1-4 and GX 5.

Fact 17
On Monday, July 24, 2023, Appellant submitted to and filed in the Court of Appeals in 23-
865 and 23-869, (the “Appeals”), a L.R. 27-1 Emergency Motion to Show Cause, Form T-1080,
and a certificate of service, (the “Emergency Motion”), and requested a relief date of July 28,
2023, see Fig. 1, infra.
Fact 18
Attached to the Emergency Motion was the Parties’ Joint Stipulated Order for Emergency
Relief—the respondent’s lawyers, U.S. Attorney (SDNY) Damian Williams and chief of appeals
AUSA Won Shin, indicted by implied consent there was no opposition to entry of the requested
Emergency Relief.5

Fact 19
Appellant sought emergency relief from the Court to remand to the sub judice Criminal
Proceedings district courts (04cr1224 and 05cr1115)—before a new district judge, and order the
district courts to enter the requested show cause order directed to each respondent to show
cause in the district courts why each respondent shall not be adjudicated and held in civil and
criminal contempt of the Court Orders.6
Fact 20
Appellant is and will continue to suffer irreparable harms, injuries, and damages in the
sum certain amount of $225,000 each and every day beginning on May 19, 2006, and continuing

5
Appellant had contacted both Damian Williams and Won Shin via email, served a copy of Notice of the
Emergency Motion on each, and requested each to respond if there was any opposition to the requested
emergency relief. Neither responded prior to July 24, 2023, and to date, August 21, 2023, neither had
responded to any attempts to resolve the matter currently pending before the Court—that is, Damian
Williams and Won Shin both have consented to the entry of the emergency relief by acquiescence and
estoppel.

6
Then as well as now, each respondent is in civil and willful criminal contempt, 18 USC 401(2), 401(3), of
the Court Orders entered in the sub judice proceedings in the district courts (SDNY)—(1) 02cv2219 (Dec.
20, 2007, Dkt. 90, Rule 41(a)(2) superseding final order); (2) 04cr1224 (August 10, 2007, Dkt. 32, Brady
court order, Sweet, J.), (3) 05cr1115 (May 19, 2007, Dkt. 17, Tr. 5-10, Brady court order, Pauley, J.); and (4)
August 18, 2009, U.S. v. Ware, 07-5670cr (XAP) (2d Cir.), Gov-I, final judgment, jointly, (the “Court
Orders”).

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each day until the respondents have complied with the requirements and ceased, desisted, and
terminated all ongoing resistance to the preclusive effects of the Court Orders.7

Fact 21
The Brady court orders ordered the respondents, specifically Merrick B. Garland, Daniel
Gitner, Margaret M. Garnett, Lisa Monaco, Vanita Gupta, Kenneth Polite, Damian Williams, Jun
Xiang, Won Shin, their agents, proxies, surrogates, and alter-egos to search for, disclose, and
produce all Brady, Jencks Act, exculpatory, and impeachment materials to Appellant (Ulysses T.
Ware) prior to trial in the 2007 sub judice Criminal Proceedings.
Fact 22
The respondents specifically were ordered to disclose and produce the government’s
05cr1115 “principal witness” a person claimed by the government to the “Jeremy Jones.” The
government and Merrick B. Garland claim without any record evidence as to the identity of the
person who allegedly appeared on September 22, 2006, in the magistrate court (SDNY) (Dolinger,
J.) actually entered into a Fed. R. Crim. P. Rule 11 guilty plea to the charges in S1 05cr1115 (SDNY).
Fact 23
On June 5, 2023, David Ng, the supervisor of the District Court (SDNY) records department
confirmed there were no judicial records or other evidence of the alleged September 22, 2006,
alleged Rule 11 perjury guilty plea, allocution (Jencks Act statements) transcripts, USSG 5k1.1
substantial assistance perjury contract, or any other judicial records of any such proceedings
regarding a person claimed to be “Jeremy Jones.”
Fact 24
As of today, August 21, 2023, more than 16 years after the April 2007 purported Fifth
Amendment compliant 05cr1115 trial it is factually unknown (A) who actually appeared in the
magistrate court (SDNY) and entered an alleged Rule 11 plea of guilty to S1 05cr1115; (B) whether
or not the alleged Sept. 2006 Rule 11 proceedings actually took place; (C) if Jeremy Jones actually

7
The respondents are currently, actively, and intentionally resisting and disobeying the requirements and
preclusive effects of the Court Orders, e.g., the respondents’’ DOJ EOUSA on March 20, 2023, confirmed,
admitted, and stipulated in its In re Ware, 000907 FOIA response that “over 15 boxes of materials” are
currently in the possession of Damian Williams and Won Shin, the 15 boxes have not been properly
searched and inventoried, and may contain actual innocent Brady exculpatory and impeachment
evidence required to have been disclosed to Appellant “prior to trial” as ordered by the Brady court orders
entered in 04cr1224 and 05cr1115—ipso facto, civil and willful, 18 USC 401(2), 401(3), criminal contempt
of the Brady court orders.

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pleaded guilty to S1 exactly what facts (Jencks Act statements) did Jones plead guilty to; (D) who
did Jones testify that he knowingly was allegedly involved in a conspiracy with; (E) exactly what
roles did Jones knowingly play in the alleged conspiracy; (F) who knowingly assisted Jones to
carry out the alleged conspiracy; (G) if Jones actually entered an alleged Rule 11 plea of guilty to
S1, Rule 11 “in open court” with the advice of competent Sixth Amendment legal counsel (Marlon
G. Kirton, Esq.) was Kirton bribed, corruptly influenced, or promised any personal benefits for
deliberately negligently and incompetently advising Jones to enter a fraudulent Rule 11 plea,
lacking a valid factual basis, to an null and void ab initio S1 (05cr1115) indictment?
Fact 25
The Federal Rules of Criminal Procedure required that any alleged Sept. 2006 Rule 11 plea
entered by any person, including Jeremy Jones, was “voluntarily” given under the effective
assistance of competent legal counsel who advised the defendant of the charges and possible
defenses to the charges in S1 (05cr1115); and the alleged defendant must be “personally”
addressed “in open court” which any alleged Rule 11 perjury plea agreement must be disclosed
by the “parties” “in open court” for which the court must “determine that there is a factual basis
for the plea.”

Fact 26
To date the sub judice district courts (Ramos, J.) have refused all Brady enforcement
motions and other written requests made by Appellant to enforce the Brady Court orders’
requirements and gain access to the alleged Sept. 2006 judicial court records associated with
Jeremy Jones; and (2) District Judge Colleen McMahon regarding 02cv2219 (SDNY), Dec. 20, 2007,
Dkt. 90, Rule 41(a)(2) superseding final judgment has refused to reverse, vacate, and set aside all
orders, and judgments entered in 02cv22198—that is, Judge McMahon has suffered under an

8
See Exhibit 11, infra, Judge McMahon’ criminally, 18 USC 401(2), 401(3), has refused to enforce the Rule
41(a)(2) final judgment, see Dkt. 120, 137, 141, and 151 (02cv2219), (the “Moot Ultra vires Orders”), given
the Dec. 20, 2007, Rule 41(a)(2) superseding final judgment entered in favor of Appellant and Group
Management Corp., and the Landers, (the “Prevailing Parties”)—the Dec. 20, 2007, Rule 41(a)(2) final

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undisclosed and covert 28 USC 455(a), 455(b)(1-5) actual conflict of interest apropos the subject
matter of the 04cr1224 and 02cv2219 proceedings, GX 1-4 (criminal usury convertible promissory
notes), which Judge McMahon and her alleged spouse, Frank V. Sica, personally own more than
+$22 million in criminal usury convertible promissory notes (CPNs), crimes which subject Judge
McMahon and her spouse to criminal prosecution for the violations of NYS Penal Law, section
190.40, the criminal usury law, a class E felony, and 18 USC 2, 157 (conspiracy to commit
bankruptcy fraud with Wendy L. Hagenau regarding In re Group Management Corp., 03-93031
(BC NDGA), cf., Dkt. 137 (02cv2219) and Dkt. 256 (03-93031), 371, 1951, 1956-57, 1961(6)(B), and
1962(a-d)
Fact 27
The Court of Appeals for unexplained reasons has refused to timely adjudicate and has
thus effectively denied the requested July 28, 2023, emergency relief by not taking any action on
the Emergency Motion, or entry of the Parties’ Joint Stipulated Order for Relief, which places the
United States Court of Appeals for the Second Circuit in a very untenable position based entirely
on the record of appearing to be a lawless and unprincipled purported court of law, actively
assisting, aiding, abetting, and enabling the DOJ executive leadership and its agents’ civil and
willful criminal contempt, 18 USC 2, 241, 242, 371, 401(2), 401(3), 1519; and 42 USC 1983,
1985(2), and 1985(3)9 of multiple Brady court orders, and other final judgments entered in favor
of the Appellant.

judgment abrogated, annulled, and vitiated the government’s 04cr1224 trial evidence, GX 1-4, GX 5, GX 7,
GX 11, GX 24, and GX 34, which rendered the 04cr1224 indictment’s charged null and void ab initio. Rather
than enforce the Prevailing Parties’ legal rights Judge McMahon since 2019 has entered a series of risible,
bogus, fraudulent, and fake purported judicial orders in the clear lack of all jurisdiction over the 02cv2219
proceedings in a vain attempt to protect her massive personal fortune from RICO seizure and forfeiture,
see U.S. v. Grote, 961 F.3d 105 (2d Cir. 2020) (aff’d conviction, sentence, and RICO +$3.5 billion in forfeiture
for unlawful debt collection activity). Alexander H. Southwell, Maria E. Douvas, Nicholas S. Goldin, Sarah
E. Paul, Katherine Polk-Failla, Judge Colleen McMahon, Chief Judge Wendy L. Hagenau, KTS, Baker &
McKenzie, LLP, Thomas A. Leghorn, London Fisher, LLP, Lawrence B. Mandala, Coleman Ray Mullins,
Margaret H. Murphy, M. Regina Thomas, Patricia Sinback, Thomas W. Thrash, Jr., David N. Kelley,
Michael J. Garcia, Preet Bharara, Damian Williams, Won Shin, Jun Xiang, Melissa Childs, John M.
McEnany, Audrey Strauss, Merrick B. Garland, Kenneth Polite, Lisa Monaco, Peter W. Hall, Robert A.
Katzmann, Barbara S. Jones, Robert W. Sweet, Thomas J. McCarthy, Edgardo Ramos, Laura Taylor-Swain,
and others are guilty of aiding and abetting RICO 18 USC 1961(6)(B) unlawful debt, GX 1-4, collection
activity, and all will suffer RICO forfeiture judgments, jointly and severally, in the sum certain amount of
+$2.225 billion dollars for RICO collection activity related to GX 1-4 (criminal usury, unlawful debts).

9
The record shows that the Court of Appeals is attempting to defraud Appellant of his legal right to request
emergency relief and have the merits of his Emergency Motion adjudicated under the Court’s emergency
procedures—a fundamental miscarriage of justice, and an egregious violation of procedural due process

Page 13 of 33
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(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
 Fact 28
The Court of Appeals has egregiously, and unreasonably abused its discretion—that is,
there is no legal or factual basis or reason for the Court of Appeals to not have immediately
addressed Appellant’s July 24, 2023, Emergency Motion given (1) Appellant is actually and
factually innocent on all charges in the sub judice Criminal Proceedings, (2) given that Appellant
has and will continue to suffer direct and collateral irreparable harms, injuries, and damages as a
result of the crimes committed by the respondents, (3) given Damian Williams, Merrick B.
Garland, Won Shin, and others inside the Department of Justice do not oppose entry of the
requested emergency relief, and (4) given the admissions and stipulations made in the EOUSA’s
March 20, 2023, In re Ware, 000907, FOIA response, see Exhibit 10, infra—per se, ipso facto civil
and criminal contempt Brady violations.
Fact 29
The extensive, ongoing, and long running crimes, frauds, and conspiracies of the
respondents have been exposed and presented to an Article III United States Court of Appeals in
clear and convincing, undisputed evidence, and presented in the required Local Rule 27-1
procedural vehicle to have the claims reviewed and adjudicated under the watchful eye of the
Court pursuant to the emergency procedures of the Court. However, the Court of Appeals has
turned a blind eye, and a deaf ear, and abdicated its constitutional role to provide due process of
law to all litigants in the Court. Regrettably, this is where this matter now stands.

Signed this 21st day of August 2023 in Brooklyn, NY under oath, subject to the penalty of
perjury, having personal knowledge of facts and pursuant to 28 U.S.C 1746.

/s/ Ulysses T. Ware

August 21, 2023
Brooklyn, NY

End of declaration.

of law given the irreparable harm Appellant has and is currently being subjected to by the respondents’
numerous felony crimes.

Page 14 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Figure 1—Emergency Motion’s Form T-1080 filed on July 24, 2023.

Page 15 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 1—23-865 Docket as of August 10, 2023, at 7:11 AM.

Page 16 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 2—23-869 Docket as of August 10, 2023, as of 7:11 AM.

Page 17 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 3—FINRA’s May 17, 2021, unregistered broker-dealer certification.

Page 18 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 4—SEC-DOJ Brady actual innocent, exculpatory email--Concealed and suppressed
actual innocent Brady exculpatory evidence.

Page 19 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 5—Rule 41(a)(2) superseding final order, 02cv2219 (SDNY) (Sand, J.) Concealed
and suppressed actual innocent Brady exculpatory evidence.

Page 20 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 6—Las Vegas 03-0831 (D. NV) Bootleg Grand Jury illegal complaint--Concealed and
suppressed actual innocent Brady exculpatory evidence—the unsigned Las Vegas
commingled SEC-DOJ Bootleg Grand Jury manifestly fraudulent and frivolous complaint.

Page 21 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 7—Marlon G. Kirton’s letter to the 05cr1115 district court regarding USSG 5k1.1
perjury letter--Suppressed and concealed Brady evidence regarding a person claimed to be
“Jeremy Jones.”

Page 22 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 7-1—Missing alleged Sept 22, 2006, alleged Rule 11 proceeding--Concealed and
suppressed actual innocent Brady exculpatory evidence regarding a person claimed to be
“Jeremy Jones.”

Page 23 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 7-2—Ruby Krajick’s fake and fabricated 05cr1115 docket--Concealed and
suppressed actual innocent Brady exculpatory evidence regarding a person claimed to be
“Jeremy Jones.” 2009 Ruby Krajick’s bogus, fraudulent, and criminally fabricated 05cr1115
(SDNY) docket which contains no record of the fake and fabricated alleged Rule 11 Sept
2006 proceeding that involved Jeremy Jones.

Page 24 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 8—August 13, 2023, Part 18, Rule 27-1 motion resubmitted on August 17, 2023,
to the Court of Appeals for filing and docketing in 23-865 and 23-869 (2d Cir.).

Page 25 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 9—Form 13G/A January 9, 2002, Konrad Ackermann on behalf of Alpha Capital, AG
disclosure of +6.88 million shares of beneficial ownership in Group Management Corp.,
GPMT’s equity securities.

Page 26 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Page 27 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Page 28 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 10--the DOJ’s EOUSA’s March 20, 2023, In re Ware, 000907, FOIA response.

Page 29 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Exhibit 11—Dkt. 137, 10/27/22 (02cv2219)(SDNY), McMahon, J., ultra vires, bogus,
fraudulent, null and void ab initio order entered to obstruct justice, and as an overt act in
furtherance of the Hobbs Act, 18 USC 1951 extortion, money laundering, kidnapping, and
armed robbery conspiracy ongoing in the SDNY federal court to cover up, conceal, and
suppress the Hobbs Act international loan sharking, extortion, money laundering, and
conspiracy run by Ari Rabinowitz, LH Financial Services, Alpha Capital, AG (Anstalt), Colleen
McMahon, Frank V. Sica, David N. Kelly, Dechert, LLP, Alexander H. Southwell, Nicholas S.
Goldin, Maria E. Douvas, Thomas T. Thrash, J., Kilpatrick, Townsend, & Stockton, LLP, Konrad
Ackermann, Joseph Hammer, Trailblazer Merger Corp., I, Loeb & Loeb, LLP, Mitchell
Nussbaum, Esq., Edward M. Grushko, Barbara R. Mittman, and others known and unknown.

Page 30 of 33
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(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Page 31 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
Page 32 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.
 End of document.

Page 33 of 33
Monday, August 21, 2023
(25) Part 17A re Declaration of effective denial of Emergency Motion, and abuse of discretion by the
Court of Appeals.