07.21.21 (47) Re Exhibit 47 - 24 RICO Corruption of David N. Kelley

From: Ulysses T.
Ware
Date: July 19, 2021
RE: Filing the enclosed pleadings on the 04cr1224 and 05cr1115 (SDNY) dockets.
Please file the enclosed pleading and please properly and correctly identify the enclosed
as a pleading rather than a “letter”:
(#47) 07.21.21 re Ulysses T. Ware's 07.21.2021, Exhibit 47-24_ RICO Corruption of David N.
Kelley, Esq., Dechert, LLP, and the USAO (SDNY)
on the applicable dockets.
/s/ Ulysses T. Ware
Page 1 of 20
July 21, 2021
07.21.21 (47) re Ulysses T. Ware's 07.21.2021, Exhibit 47-24_ RICO Corruption of David N. Kelley, Esq.
Dechert, LLP, and the USAO (SDNY).
Case Nos. 05cr1115 (SDNY) and 04cr1224 (SDNY) (#47)
Submitted on July 21, 2021, to Pro_SE_Filing@nysd.uscourts.gov
/s/ Ulysses T. Ware

Ulysses T. Ware, individually, and as
the legal representative for the estate
of third-party surety Mary S. Ware.
123 Linden Blvd.
Suite 9-L
Brooklyn, NY 11226
(718) 844-1260 phone
utware007@gmail.com
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK
United States of America, et al.,
Plaintiff, Petitioner,
Cross Respondent,
v.
Ulysses T. Ware, et al.,

Defendant, Respondent,
And Cross Petitioner.
(#47) re Ulysses T. Ware's 07.21.2021, Exhibit 47-24_ RICO Corruption of David N. Kelley, Esq.,
Certificate of Service
I Ulysses T. Ware certify that I have this 21th day of July 2021 served the following DOJ
employees, to wit:
AUSA Melissa Childs

AUSA John M. McEnany
Acting USA Audrey Strauss
AUSA Jeffrey R. Ragsdale, Counsel, DOJ’s Office of Professional Responsibility
The Hon. USAG Merrick Garland; and
The Administrative Office of the U.S. Courts, Executive Director.
Page 2 of 20
July 21, 2021
IRNewswires Special Corruption Report #3.
NYC law firm Dechert, LLP, the USAO’s, David N. Kelley’s
and Alpha Capital, AG (Anstalt)’s ongoing RICO Criminal Enterprise:
SEC v. Honig, 18cv08175 (SDNY) (ER) and United States v. Ware, 04cr1224
(SDNY) (RWS).
IRNewswires Public Corruption Reports

Harold Morey, Executive Editor
Alan Reitman, JD, PhD, Esq., summa cum laude, Public Corruption Investigative Reporter.
July 21, 2021
New York, NY
Criminal Judicial and Prosecutorial
Corruption and Misconduct.
IRN’s lawyers and investigators recently received an anonymous tip concerning the
litigation in the NYC (Manhattan) federal courts before the Hon. Edgardo Ramos, SEC v. Honig,
18cv08175 (SDNY) (ER), (“8175”), where the unregistered broker-dealer Alpha Capital, AG
(Anstalt) is a named defendant. In the SEC’s complaint Alpha Capital was charged with securities
Page 3 of 20
July 21, 2021
fraud, specifically market manipulation of the shares in multiple small publicly-traded companies.
According to court records Alpha on or about February 2019, Doc. 92, signed a consent judgment
and was ordered to disgorge more than $900k and other penalties.
However, what is surprising is that former United States Attorney (SDNY) David N. Kelley’s
current law firm partners Andrew J. Lavender, Esq.1 and Rebecca K. Waldman, Esq., of NYC law
firm Dechert, LLP, represented Alpha Capital, AG in the litigation before Judge Ramos. Even more
surprising is that Judge Ramos was recently assigned (07.12.21) deceased District Judge William
H. Pauley, III’s pending matters regarding Ulysses T. Ware, United States v. Ware, 04cr1224
(SDNY and United States v. Ware, 05cr1115 (SDNY). Matters which directly and personally
concern David N. Kelley,2 Alpha Capital, AG (Anstalt) and other unindicted co-conspirators3.
Currently pending for adjudication before Judge Ramos is, (i) Dkt. 263, Mr. Ware’s Rule
33 Motion for a new trial that claimed Brady violations by David N. Kelley and the USAO; (ii) the
Emergency Motion for Kordel Relief, Dkt. 276; and (iii) Mr. Ware’s Emergency Motion to Dismiss
the Indictment in 04cr1224 for failure to charge an offense as alleged by David N. Kelley on or
about November 17, 2004. Dkt. ___. According to the 8175 docket that matter is still ongoing
even though Alpha Capital has already settled, and a consent final judgment, Dkt. 92, has been
entered against Alpha Capital, AG which is admissible in Mr. Ware’s pending litigation before
Judge Ramos.
Prosecutorial Corruption and Misconduct.
What is puzzling to IRN’s lawyers and investigators is, Why did Alpha Capital, AG retain
Dechert, and in essence David N. Kelley, et al., to represent it in the 8175 litigation when Kelley
was the person ‘personally responsible’ for the alleged fraudulent and bogus indictment in
1
According to the biography of the Dechert website Mr. Levander is a former federal prosecutor in the
same office as former U.S. Attorney David N. Kelley, the SDNY; and moreover, Mr. Levander was assigned
to the Securities and Commodities Fraud Unit, the same unit that fraudulently indicted Atlanta, GA lawyer
Ulysses T. Ware regarding the Alpha Capital, AG, et al. v. IVG, Corp, a/k/a GPMT, et al., 02cv2219 (SDNY)
litigation that concerning Alpha Capital, AG, et al. extortion and money laundering of GPMT and Mr. Ware.
2
Mr. Ware has alleged in the Emergency Motion to Dismiss the Indictment in 04cr1224 (SDNY) that David
N. Kelley and the USAO on November 17, 2004, lacked all probable cause to have sought and obtained
the 04cr1224 indictment; and thus, accordingly, Kelley, et al., (Alexander H. Southwell, etc.), are
personally monetarily liable to Mr. Ware for the “Jim Crow Hate Crime sum certain award of $2.25
billion dollars (USD).”
3
See Dkt. 257, 259, 260, 261, 263, 272, 274, 275, 276, 280, 283, 287, 290, 294, and 295 in 05cr1115
(SDNY) for the crimes and frauds of Alpha Capital, AG, and the USAO’s and SEC’s lawyers.
Page 4 of 20
July 21, 2021
04cr1224 (SDNY), that benefitted Alpha Capital, AG, et al.? An allegedly fraudulent, null and void
ab initio indictment that fraudulently charged Mr. Ware with criminal contempt for not drafting,
signing, and issuing bogus and fraudulent Rule 144 legal opinions4 to Alpha Capital, AG, a self-
admitted 15 USC 77b(a)(11) statutory underwriter legally ineligible for Rule 144(k) exemption to
Section 5, in criminal violation of Sections 5, 77x, and 78ff?
The especially important questions must be asked:
(1) Did Alpha Capital, AG bribe or pay off United States Attorney (SDNY) David N. Kelley,
et al., for Kelley and the USAO to knowingly and willfully procure the bogus and fraudulent
November 17, 2004, 04cr1224 indictment against Mr. Ware?
(2) Was Dechert, LLP retained as a kick back, a payoff, a bribe, an illegal gratuity to
Kelley, laundering the proceeds and profits extorted from GPMT, for Kelley’s service to Alpha
with respect to the 04cr1224 and 05cr1115 (SDNY) bogus and fraudulent indictments against
Mr. Ware? IRN lawyers believe, and the evidence supports the inference, that David N. Kelley
and others were compromised by Alpha Capital, AG (Anstalt) and were and still are participants
in Alpha Capital, AG’s ongoing RICO Hobbs Act international extortion and money laundering
conspiracy.
(3) Are Mr. Ware’s pending motions filed in 05cr1115 and 04cr1224 (SDNY) being
manipulated by persons and entities involved in, or indirect or direct participants in, Alpha
Capital, AG (Anstalt)’s ongoing international Hobbs Act extortion and money laundering RICO
conspiracy?
IRN has assigned and located an investigative team of lawyers and corruption
investigators to New York to conduct on the record, face to face interviews with material
witnesses having information regarding Alpha Capital, AG, David N. Kelley, Andrew J. Levander,
William H. Pauley, III (deceased), Edgardo Ramos, Audrey Strauss, and others that appear to be
involved in the RICO conspiracy run by Alpha Capital, AG and others.
IRN will release excerpts of on the record interviews conducted with persons that have
direct knowledge of the culpability of the RICO conspiracy’s participants.
4
Cf., Page 5, infra, the SEC’s allegations at para. 86 in the 8175 complaint; the fraudulent Rule 144 legal
opinion is Alpha’s criminal method of operation to circumvent the registration provisions, Section 5, of
the federal securities laws. Which David N. Kelley and the USAO knew in November 2004, yet somehow,
nevertheless, obtained the fraudulent null and void ab initio 04cr1224 bogus indictment against Mr. Ware
in what looks like a bribe, kick back, payoff, illegal gratuity, and prosecutorial corruption.
Page 5 of 20
July 21, 2021
Page 6 of 20
July 21, 2021
Page 7 of 20
July 21, 2021
Paragraph #86 (18cv08175)
Re: fraudulent attorney Rule 144 legal opinion, cf., Counts I, II, and III in U.S. v. Ware,
04cr1224 (SDNY) indictment.
Page 8 of 20
July 21, 2021
Alpha Capital, AG’s money laundering and extortion RICO Conspiracy
Page 9 of 20
July 21, 2021
CORRUPT? INCOMPETENT? OR WORST?
DAVID N. KELLEY, FORMER NEW YORK FEDERAL PROSECUTOR, AND HIS

SYCOPHANTS’ CRIMINAL CONSPIRACY TO EXTORT PUBLICLY TRADED
COMPANIES OF THEIR SECURITIES AND RACIALLY MOTIVATED HATE
CRIMES IN THE NEW YORK U.S. ATTORNEYS OFFICE AGAINST ATLANTA
LAWYER ULYSSES T. WARE, ESQ.
YOU DECIDE.
PROSECUTORIAL MISCONDUCT & CRIMINAL CORRUPTION.
Page 10 of 20
July 21, 2021
Our investigation of the New York federal courts and prosecutor’s office centers on the bogus and
fraudulent prosecution of Atlanta, GA lawyer Ulysses T. Ware, Esq. allegedly for criminal contempt; and
the official prosecutorial misconduct, and illegal and unethical actions of former United States Attorney
(SDNY) David N. Kelley, Esq., currently a purported partner at the New York law firm of Dechert, LLP, and
his sycophants and minions. Our investigation began in 2016 upon receipt from anonymous sources
numerous documents which we discovered had not been officially docketed and made part of the official
court proceedings. Our investigators were provided with a cache of documents which had been previously
concealed, hidden, and suppressed from the federal courts and from the defendant Atlanta, GA lawyer
Mr. Ulysses T. Ware, Esq. The documents indicated that sometime during 2003-04 Mr. Kelley and his
subordinates, in particular former AUSAs Alexander H. Southwell, Esq., Nicholas S. Goldin and Steven R.
Peikin, collectively agreed and decided to aid, abet, and further the Hobbs Act extortion and money
laundering criminal conspiracy activities of New York lawyer convicted felon Edward M. Grushko, Esq. and
his clients Alpha Capital, AG, Stonestreet, LP., Markham Holdings, Ltd, and Amro International, S.A.,
jointly, “Alpha, et al.” Our investigators accessed FINRA’s public database, www.brokercheck.org, and
confirmed that Mr. Grushko’s clients never lawfully registered as broker-dealers as required by federal
law. Thus, our lawyers concluded that was the reason Mr. Kelley, Atlanta, GA law firm Kilpatrick,
Townsend, & Stockton, LLP, the Atlanta, GA
bankruptcy court’s employees and judges, and the
New York federal judges conspired to conceal and
cover up this very fact from the public by fraudulently
incarcerating Mr. Ware, for 11.5 years, on racially-
motivated bogus, fraudulent, and trumped up fake
and counterfeit criminal contempt and securities
fraud charges.
The confidential documents we received

showed that Mr. Kelley and his sycophants knowingly,
willingly, and intentionally agreed and decided to
protect both the criminal participants and the
unlawful criminal proceeds and profits derived by
Alpha, et al. from insider trading, securities fraud,
money laundering, conspiracy, mail and wire fraud,
bribery, perjury, kidnapping, bank fraud, bankruptcy
frauds, frauds on the courts, and other racketeering
activities. The documents further confirmed that Mr.
Kelley and AUSA Alexander H. Southwell agreed, arranged, and conspired with Atlanta, GA federal judge
Thomas W. Thrash, Jr., the SEC, and the U.S. Marshals to have Mr. Ware falsely kidnapped in Atlanta, GA
on September 1, 2004, to assist Alpha, et al.; and as the illegal means to tamper in the suggested
deposition of SEC lawyer Stephen Webster. The date of September 1, 2004, for Webster’s deposition was
suggested to Mr. Ware in an official SEC email by disgraced SEC lawyer Jeffrey B. Norris5.
5
Jeffrey B. Norris, Esq. was fired by the SEC in 2009 for a series of official misconducts regarding his SEC
email account. During the termination proceedings Norris confessed that he was mentally ill, suffered
Page 11 of 20
July 21, 2021
Our investigation and outside legal counsel informed us that those profits and proceeds extorted
by Alpha, et al. and other coconspirators, and the concerted acts and actions of Kelley, et al. were derived
from criminal racketeering activities; and thus, constituted the felony offenses of money laundering,
Hobbs Act extortion, conspiracy, aiding and abetting, mail and wire fraud, perjury, kidnapping, securities
frauds, and other felony offenses. All predicate offenses for civil or criminal RICO claims and charges,
respectively.
The anonymous documents showed that the prosecutors, all Caucasians and all employed as
lawyers by the United States Department of Justice (DOJ), all knowingly and willingly agreed, colluded,
conspired, acted in concert, and in or around 2003 began a coordinated and malicious racially-motivated
Jim Crow hate crime attack on Mr. Ware, an African American citizen, in their illegal and criminal attempt
to extort Mr. Ware and his client, Group Management Corp., GPMT, a small publicly traded company, out
of +$250M in securities of GPMT -- while acting on behalf of Edward M. Grushko, Esq., a convicted felon
and others, including LH Financial, Ari Rabinowitz, and the Atlanta, GA law firm of Kilpatrick, Townsend,
& Stockton, LLP.
Our investigators and lawyers have confirmed that Edward M. Grushko, Esq. is in fact a convicted
felon for conspiracy to commit securities fraud. Mr. Grushko pleaded guilty in 1991 in the District Court
(D. NV) to conspiracy to commit securities fraud. Court records show that Mr. Grushko admitted under
oath that he and others filed a fraudulent and false registration statement with the Securities and
Exchange Commission (SEC). Mr. Grushko falsified official documents filed with the SEC that fraudulently
claimed and deceived the SEC. The DOJ’s lawyers charged Mr. Grushko with conspiracy with respect to
the allegations charged in the indictment, listed below:
Having investigated hundreds of cases in the past, our seasoned investigative team posited the
obvious and equally troubling question. Why would and what motivated Mr. Kelley and his sycophants,
federal prosecutors, alleged to be learned in the law, to aligned themselves with an incompetent
convicted felon, Edward M. Grushko, Esq., a purported lawyer, and deliberately and criminally violate
the laws of the United States? That is the ethical question and fundamental premise by which we have
conducted our exhaustive investigation of former United States Attorney Mr. David N. Kelley, his
sycophants, federal judges, court employees, and private persons. What we found should give all citizens
“that [he, Edward M. Grushko, Esq.] failed to disclose that

the named officers and directors were mere figureheads
and that actual control of the corporation was by third
parties and that falsely stated that the nominee officers
and directors had purchased stock in the corporation.”
from AD/HD, was under the care of a psychiatrist, and taking mind altering drugs. This damaging material
impeachment evidence was concealed and suppressed by the DOJ’s lawyers and concealed from Mr. Ware
during the 04cr1224 proceedings in criminal contempt of written court orders.
Page 12 of 20
July 21, 2021
pause, grave concern, and the motivation to confront the DOJ, the SEC, and Mr. Kelley regarding their
corruption.
KELLEY’S PROFESSIONAL BACKGROUND AND OTHER SUSPICIOUS MATTERS: WHO IS DAVID N. KELLEY?
Who is David N. Kelley? And why does that matter? We will inform the public why it matters who
David N. Kelley, Esq. is, what he has done, and why you should be alarmed. Our lawyers have conducted
a thorough and comprehensive private investigation into the personal and professional background and
activities of David N. Kelley, Esq. The investigation was assisted by an international security consultant
and what we have found is not surprising and underpins an extremely negative narrative of Mr. Kelley.
The investigation found that Mr. Kelley is a graduate of William and Mary College (BA 1981) (by the
way the same college attended as former AUSA Katherine Polk-Failla6); and we confirmed that he is also
a graduate of New York Law School (JD 1986). According to our investigation Mr. Kelley has a very
unimpressive academic record. In fact, for a United States Attorney, astonishingly unimpressive. Our
investigation confirmed that he has received no academic honors and achieved no scholastic distinctions
in his college or law school education. By all accounts and according to sources we interviewed, Mr. Kelley
was quoted as being “… that guy I remember him, he was just barely an average student barely made it
through … I’m surprised he even graduated … he is clearly an over achiever ….” This disparaging narrative
regarding Mr. Kelley’s intellectual ability and his inability to comprehend complex law is consistently
expressed by his colleagues throughout his professional and academic career.
Mr. Kelley was appointed by President

“… that guy [David Kelley] I remember him, George W. Bush in 2003 as the U.S. Attorney
he was just barely an average student (SDNY) and served in that position until September
6, 2005. It was during this period that it appears
barely made it through … I’m surprised he
that Mr. Kelley had an unfortunate philosophical
even graduated … he is clearly an over
awakening, similar to the awakening of Dante, and
achiever ….” (quoting confidential source). decided to join the criminal conspiracy run by
Edward M. Grushko, Esq., an incompetent
convicted felon, and his clients, unregistered
broker-dealers, according to FINRA and the SEC.
The investigation showed that Mr. Kelley conspired with Mr. Grushko, Alpha, et al., LH Financial, Ari
6
Former incompetent and corrupt AUSA Katherine Polk-Failla, (purported to have been the “chief of
appeals” for the USAO-SDNY), is currently, believe it or not, it is true, a federal district judge in New York;
and in 2010 she conspired and knowingly and fraudulently helped prepare, signed, and filed with the
United States Court of Appeals for the Second Circuit a bogus and fraudulent government appeal brief
submitted in United States v. Ware, case no. 09-0851 (2d Cir.) (2010). The bogus and fraudulent appeal
brief was submitted to the Court more than two years after Alpha, et al. attorney, Kenneth A. Zitter, Esq.,
on December 20, 2007 dismissed with prejudice, annulled, and vitiated the predicate 02cv2219 (SDNY)
civil lawsuit pursuant to Fed. R. Civ. P. 41(a)(2). Which terminated the Court of Appeals jurisdiction over
the appeal. Polk-Failla, as an officer of the court, perpetrated a fraud on the court by concealing and
suppressing this material information from the Court.
Page 13 of 20
July 21, 2021
Rabinowitz, and other criminals; and Mr. Kelley intentionally and deliberately took all required and
necessary official actions as the United States Attorney to provide protection and the means to enable
the convicted felon Grushko and other criminal elements to conduct the Hobbs Act RICO money
laundering, insider trading, and the extortionate criminal fleecing and looting of GPMT and other small
publicly traded companies7. That is what we uncovered.
Published reports and sources confirmed that in September 2005 Mr. Kelley immediately and
abruptly resigned from the United States Attorney’s Office and joined the New York law firm of Cahill,
Gordon, and Reindel, LLP as a partner and served on the Executive Committee until December 2016. In
January 2017 Kelley resigned, abruptly, from the Cahill law firm and joined the New York office of the
purported law firm of Dechert, LLP and is currently employed there as “a co-leader of the white collar and
securities litigation practice.” Exactly what Mr. Kelley does and how he does it is very suspect, dubious,
and questionable. In fact, no one we attempted to interview would talk on the record regarding exactly
what and how David N. Kelley, Esq. conducts his purported law8 practice. In fact several persons who
refused to talk on the record emphasized to our investigators, “ … it’s a well-known fact that David Kelley
is incompetent as a lawyer … he only gets business that he can use his political connections in the Justice
Department to manipulate the outcome … he’s just another paid hack ….” (paraphrased).
“… it’s a well-known fact that David Kelley is incompetent as a
lawyer … he only gets business that he can use his political
connections in the Justice Department to manipulate the outcome
… he’s just another paid hack ….” (paraphrased).
DAVID KELLEY’S INCESTOUS AND DUBIOUS RELATIONSHIP WITH

CONVICTED FELON EDWARD M. GRUSHKO, ESQ.
Our investigative team and expert outside counsel were tasked with and have conducted an
extremely intensive and exhaustive research of the United States federal securities laws’ registration
requirements imposed by federal law, to wit, 15 USC 77e(a), (Section 5), 77x, and 78ff; and we also have
assessed Mr. Zitter’s frivolous Alpha, et al. case no. 02cv2219 SDNY complaint’s paragraphs 12-13, and
reviewed the United States v. Ware, 04cr1224 (SDNY) indictment’s allegations in conjunction with any
exemptions to Section 5 registration enabled by 17 C.F.R. 230.144, Rule 144, in pari materia with 15 USC
77b(a)(11), Section 2(a)(11), statutory underwriter definition. Expert securities counsel has opined that
federal law and the legal precedents which apply that law and regulations, SEC Release 33-71909, all are
in consensus: statutory underwriters are ineligible for any Rule 144 exemption from Section 5. CF., the
Third Circuit’s decision in Berckeley, 455 F.3d at 220, citing SEC Release 33-7190: (“Accordingly, any
7
Government witness Ari Rabinowitz, an unregistered broker-dealer, testified at trial in United States v.
Ware, 04cr1224 (SDNY), Tr. 202-08, that he and Alpha Capital, AG had scammed “a good few hundred”
small publicly traded companies out of their securities. (emphasis in original).
8
It has been alleged by credible sources that David N. Kelley does not actually practice “law”; rather Kelley
“fixes” cases and matters using not “law” but political favors, kickbacks, pay offs, bribes, and illegal
gratuities. If that is true is Dechert, LLP really a “law” firm? And if not, what is it? We are investigating and
will find out exactly what Dechert, LLP legally is. Is it a law firm or something else?
9
See infra page 11, Exhibit #1, n. 17 (referencing the Wolfson criminal matter).
Page 14 of 20
July 21, 2021
distributions by a statutory underwriter must be registered pursuant to Section 5.” United States v.
Wolfson, 405 F.2d 779, 782 (2d Cir. 1968), cert. denied, 394 U.S. 946 (1969). (Convictions and sentences
affirmed for the unregistered sale of securities by statutory underwriters). (emphasis added).
We found that convicted felon Edward M. Grushko, Esq.’s clients, Alpha, et al., have (i) judicially
conceded10, confessed and been ruled to be Section 2(a)(11) statutory underwriters of GPMT’s securities,
that is not debatable; (ii) admitted to be unregistered broker-dealers, thus, lacked any legal exemption to
Section 5 registration requirements; and (iii) therefore accordingly, were required by law to register and
obtain an effective registration statement from the SEC prior to any sales or offers for sale of GPMT’s
securities.11
Expert outside legal counsel informed us that in 2004 and all time thereafter the DOJ, David N.
Kelley, and his DOJ sycophants lacked a criminal contempt offense12 as statutorily defined at 18 USC
10
Our expert securities counsel confirmed that in or about March 2002 Alpha, et al., legal counsel,
Kenneth A. Zitter, Esq., drafted, signed, and filed the frivolous and completely fraudulent complaint in the
breach of contract lawsuit 02cv2219 (SDNY); and at paragraphs 12-13 of the frivolous complaint Mr. Zitter
unwittingly bound the federal courts, Alpha, et al. and David N, Kelley, et al.; and pleaded Alpha, et al. and
David N. Kelley, irrevocably, out of the federal courts. Mr. Zitter and Kelley, both clearly incompetent in
federal securities law, pleaded verbatim, paragraph 10.1(iv) from the subscription agreement; and thus
confessed that Alpha, et al., intended from the purchase date of GPMT’s securities for an immediate
resale (i.e., were Section 2(a)(11) statutory underwriters); and thus never intended to be ‘bona fide’
investors in GPMT’s securities. Mr. Zitter’s judicial admissions were fatal to Alpha, et al. and David N.
Kelley, et al.; and have continuing dire and devastating financial (+$500M) and legal (conspiracy to commit
grand jury fraud and perjury) consequences for each.
11
Exhibit #1, Id.; CF., 15 USC 77, Section 5: (a)Sale or delivery after sale of unregistered securities.
Unless a registration statement is in effect as to a security, it shall be unlawful for any person, directly
or indirectly—
(1)
to make use of any means or instruments of transportation or communication in interstate commerce or
of the mails to sell such security through the use or medium of any prospectus or otherwise; or
(2)
to carry or cause to be carried through the mails or in interstate commerce, by any means or
instruments of transportation, any such security for the purpose of sale or for delivery after sale.
12
See infra page 11, Exhibit #1: SEC Release 33-7190 n. 17 (“Accordingly, any distributions by a statutory
underwriter must be registered pursuant to Section 5.” United States v. Wolfson, 405 F.2d 779, 782 (2d
Cir. 1968), cert. denied, 394 U.S. 946 (1969). (Convictions and sentences affirmed for the unregistered
sale of securities by statutory underwriters). (emphasis added).
Page 15 of 20
July 21, 2021
401(3)13; and thus, as a matter of law: (a) lacked 28 USC 547(1) statutory standing14 to allegedly have in
November 2004 approached a federal grand jury and sought to procure a lawful federal indictment
against Mr. Ware for any criminal contempt charges originating from any null and void ab initio order,
judgment, or proceeding regarding the Alpha, et al. 02cv2219 SDNY civil law suit; and (b) where federal
regulations and Circuit precedent, Wolfson, 405 F.2d at 782, annulled and vitiated any and all probable
cause for any purported criminal contempt charges against Mr. Ware -- for allegedly refusing to criminally
violate Sections 5, 77x, and 78ff by issuing fraudulent and bogus Rule 144 legal opinions to convicted felon
Edward M. Grushko, Esq.’s clients, Alpha, et al., to enable an illegal and criminal unregistered public
offering of GPMT’s securities – the United States District Court lacked lawful 18 USC 3231 subject matter
jurisdiction to have conducted any adjudication of the merits of the purported 04cr1224 criminal
contempt proceedings.
Furthermore, the 04cr1224 SDNY District Court (Sweet, J.) lacked all 18 USC 323115 subject matter
jurisdiction over the ultra vires criminal proceedings given an “offense” was lacking as a matter of law.
Why? Because our expert outside legal counsel informed IRNewswires that it is not a criminal “offense”
against the laws of the United States for Mr. Ware, GPMT’s expert securities counsel, to not criminally or
civilly violate Sections 5, 77x, and 78 and not issue bogus and fraudulent Rule 144(k) legal opinions to
Alpha, et al., judicially admitted Section 2(a)(11) statutory underwriters of GPMT’s securities who are
ineligible for Rule 144 exemption from Section 5, 77x, and 78ff. Cf., SEC Release 33-7190, infra at page 11
n. 17.
Accordingly, the indictment purportedly obtained by Kelley in

November 2004 is ipso facto null, void ab initio, and ultra vires; and
Mr. Ware’s alleged conviction and sentence is likewise null and void
ab initio and unenforceable by any court of law or equity.
UNINDICTED COCONSPIRATORS: CRIMINAL AND CIVIL LIABILITY.
13
18 USC 401(3): A court of the United States shall have power to punish by fine or imprisonment, or
both, at its discretion, such contempt of its authority, and none other, as …
(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.
14
28 USC 547: Except as otherwise provided by law, each United States attorney, within his district,
shall—
(1) prosecute for all offenses against the United States; [Kelley or the DOJ have no lawful authority or
jurisdiction to invoke a federal grand jury except where an “offense” is alleged to have been committed.
This principle prevents a rogue federal prosecutor (David N. Kelley, et al.) for maliciously indicting a person
for eating a Big Mac. Regardless of the nutritional utility of eating at McDonalds, fortunately it is not a
criminal “offense” to eat a Big Mac; and thus, a United States Attorney has no lawful jurisdiction to bring
any charges for doing so].
15
18 USC 3231: The district courts of the United States shall have original jurisdiction, exclusive of the
courts of the States, of all offenses against the laws of the United States.
Page 16 of 20
July 21, 2021
Our investigation is ongoing, and we will release additional supplements as the investigation
uncovers verifiable results. However, it cannot be rationally debated or legally or factually disputed by
the unindicted coconspirators former federal prosecutors David N. Kelley, Michael J. Garcia, Preet
Bharara, Alexander H. Southwell, Nicholas S. Goldin, Maria E. Douvas, Sarah E. Paul, Katherine Polk-Failla,
Michael J. Garcia, Steven R. Peikin, the SEC, and Steven D. Feldman, SEC Release 33-7190, (i.e., see infra
page 11 n. 17) is fatal and devastating to the DOJ’s ultra vires and fabricated criminal contempt
prosecution against Mr. Ware; devastating to probable cause as a matter of law, and thus, fatal to the
fraudulent 04cr1224 criminal contempt indictment, conviction, and sentence of Atlanta, GA lawyer Mr.
Ulysses T. Ware, Esq.; and imposed dire and draconian monetary damages (+$500M), jointly and severally,
on each of the unindicted coconspirators, individually and in their personal capacities.
IRNewswires is also announcing the initiation of a Code Red Level 1 intensive investigation in the
activities of Washington, D.C. lawyer Michael Battle, Esq., his law firm Barnes & Thornburg, LLP; and the
Atlanta, GA law firm Kilpatrick, Townsend, & Stockton, LLP, J. Henry Walker, IV, Dennis S. Meir, Esq., John
W. Mills, III, Esq., person of interest John Doe (#1), and Kenneth A. Zitter, Esq.
By: Harold Morey, Executive Editor; and Alan Reitman,

Investigative Reporter
IRNewswires Media and Communications Group.
Copyright © 2020 All rights reserved
Page 17 of 20
July 21, 2021
EXHIBIT #1: SEC RELEASE 33-7190 EXCERPT
-------- FOOTNOTES --------
-[14]-(...continued)
market, or other factors. Nevertheless, some discounts
have been so unrelated to the economics of the
transaction that the only justification that can be
ascertained is that they are part of a parking or
holding scheme where the offshore purchaser is simply
being used as a conduit for what is in reality an
onshore financing.
-[15]- See Securities Act Release No. 7187, Part II.A, which
addresses equity swaps and other like investment
strategies in different contexts.
Securities would not be deemed to have come to rest abroad

during the restricted period if the securities were pledged
as collateral, either in a margin account or otherwise,
where the expectation was that the collateralization would
shift the benefits and burdens of ownership to the lender as
opposed to the purchaser and the lender was not offshore.
-[16]- Since the market for the securities is in the United

States, the short-selling or other hedging transaction
occurs in the United States markets. If the short-
selling or other hedging transaction occurred solely by
or among parties offshore, and the purchaser engaged in
the transaction could reasonably expect that the
economic risk of ownership would remain abroad, then
the transaction could satisfy the requirements of the
rule if the other provisions of Regulation S were
satisfied.
-[17]- Public resales in the United States by persons that

would be deemed underwriters under Section 2(11) of the
Securities Act [15 U.S.C. 77b(11)] would not be
permissible without registration or an exemption from
registration. Footnote 110 of the Adopting Release,
which addresses the restricted periods, should not be
read to provide otherwise.
Section 4(1) of the Securities Act [15 U.S.C. 77d(1)]

exempts "transactions by any person other than an issuer,
underwriter, or dealer." Section 2(11) defines the term
"underwriter" as:
Page 18 of 20
July 21, 2021
any person who has purchased from an issuer with a view
(continued...)
-------------------- BEGINNING OF PAGE #6 -------------------
III. REQUEST FOR COMMENTS

In addition to taking enforcement action against those who
seek to evade the registration requirements of the Securities Act
under the color of compliance with Regulation S,-[18]- the
Commission is considering whether it is necessary to amend the
regulation to deter these abuses and requests comment as to the
need for revision of Regulation S. A number of proposed
revisions have been suggested by commentators.-[19]- These
suggestions are being considered by the Commission and comment is
requested on each of the proposals that follow. Commentators'
proposals have generally focused on common stock placements by
domestic issuers. Is there a comparable need for such
restrictions in the case of foreign issuers' equity for which the
United States is the sole or principal market, or for any other
class of securities?
1. Extend the Restricted Period. Currently, the

restricted period under the category 2 safe harbor-[20]- for
offerings of securities of domestic companies that are reporting
under the Securities Exchange Act of 1934 (the "Exchange
Act")-[21]- is 40 days. Some have suggested extending the
restricted period, for example, to one year in the case of equity
securities of domestic issuers. One commentator has suggested
that such offerings should be subject to the more restrictive
conditions of the category 3 safe harbor,-[22]- which are
currently generally applicable to offshore offerings by non-
reporting domestic issuers. This would not only extend the
restricted period to one year but also require legending of share
-------- FOOTNOTES --------
-[17]-(...continued)
to, or offers or sells for an issuer in connection
with, the distribution of any security, or participates
or has a direct or indirect participation in any such
undertaking .... As used in this paragraph the term
"issuer" shall include, in addition to an issuer, any
person directly or indirectly controlling or controlled
by the issuer, or any person under direct or indirect
common control with the issuer.
Page 19 of 20
July 21, 2021
Accordingly, any distributions by a statutory "underwriter"
Page 20 of 20
July 21, 2021

07.21.21 (47) Re Exhibit 47 - 24 RICO Corruption of David N. Kelley

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

07.21.21 (47) Re Exhibit 47 - 24 RICO Corruption of David N. Kelley

Uploaded by

Copyright:

Available Formats

From: Ulysses T.

Date: July 19, 2021

on the applicable dockets.

/s/ Ulysses T. Ware

Submitted on July 21, 2021, to Pro_SE_Filing@nysd.uscourts.gov

/s/ Ulysses T. Ware

IN THE UNITED STATES DISTRICT COURT

Ulysses T. Ware, et al.,

AUSA Melissa Childs

IRNewswires Public Corruption Reports

Prosecutorial Corruption and Misconduct.

The especially important questions must be asked:

DAVID N. KELLEY, FORMER NEW YORK FEDERAL PROSECUTOR, AND HIS

PROSECUTORIAL MISCONDUCT & CRIMINAL CORRUPTION.

The confidential documents we received

“that [he, Edward M. Grushko, Esq.] failed to disclose that

Mr. Kelley was appointed by President

DAVID KELLEY’S INCESTOUS AND DUBIOUS RELATIONSHIP WITH

Accordingly, the indictment purportedly obtained by Kelley in

UNINDICTED COCONSPIRATORS: CRIMINAL AND CIVIL LIABILITY.

By: Harold Morey, Executive Editor; and Alan Reitman,

Copyright © 2020 All rights reserved

Securities would not be deemed to have come to rest abroad

-[16]- Since the market for the securities is in the United

-[17]- Public resales in the United States by persons that

Section 4(1) of the Securities Act [15 U.S.C. 77d(1)]

-------------------- BEGINNING OF PAGE #6 -------------------

III. REQUEST FOR COMMENTS

1. Extend the Restricted Period. Currently, the

-------- FOOTNOTES --------

You might also like