51J-12 10.13.21 Damian Williams Re Show Cause Order Civil and Criminal Contempt of Brady Orders

Office of Ulysses T.
Ware
123 Linden Blvd.
Suite 9-L
Brooklyn, NY 11226
(718) 844-1260
Utware007@gmail.com
October 13, 2021
Mr. Damian Williams

Office of the United States Attorney
For the Southern District of New York
1 St. Andrews Plaza
New York, NY 10007
RE: Application for show cause order for civil incarceration.

RE: United States v. Ware, 04cr1224 (SDNY), Dkt. 32, August 10, 2007, Brady court Order (Sweet,
J.) and United States v. Ware, 05cr1115 (SDNY), May 19, 2007, Dkt. 17, Tr. 5-9, Brady court order,
(Pauley, J.), jointly, (the “Brady Court Orders”).
Mr. Williams:
Mr. Ware writes to you in your official, personal, and individual capacities as an officer of
the court, as the announced United States Attorney for the Southern District of New York, (the
“USAO”); and in that capacity having the legal and constitutional duty and obligations imposed
by the above Brady Court Orders, Local Rules District Court (SDNY) 1.5(b)(5), and DOJ Rules of
Professional Conduct.
Mr. Williams, perhaps you have been deliberately misled or misinformed regarding your
absolute legal duties as a federal prosecutor with respect to the above Brady Court Orders; or on
the other hand, perhaps you are fully aware of your duty but have decided to take your chances
with the SDNY federal courts’ impotence and collusion with your office in risibly attempting to
cover up and conceal the indisputable facts regarding the extortion and money laundering
Page 1 of 9
Wednesday, October 13, 2021
51-J-12 Re: Show cause order application for civil incarceration of Damian Williams, et al.
committed by the international money laundering Hobbs Act criminal enterprise Alpha Capital,
AG (Anstalt), LH Financial Services, and Ari Rabinowitz.1
Nevertheless, currently, you have legal jeopardy in your personal capacity regarding civil
and criminal contempt, willful resistance, and disobedience, of the Brady Court Orders; which as
a federal prosecutor put you in a very dubious and perilous position. Either you can come into
full compliance with the Brady Orders, or you can, and you will be held in civil contempt of the
Brady Orders and incarcerated until you come into full compliance with the law. Mr. Williams, I
am sure you are aware that binding circuit precedent compels and obligates the District Court to
incarcerate you until you have fully complied with the Brady Court Orders and disclosed to Mr.
Ware “all” Brady exculpatory and impeachment evidence.
Therefore, please be advised that on October 18, 2021, Mr. Ware will move the District
Court for an emergency show cause order to incarcerate2 Damian Williams, Audrey Strauss, John
M. McEnany, Melissa Childs, et al., unless the USAO files into the District Court by 12:00 noon,
on October 15, 2021, time of the essence, an affidavit or declaration of fact signed by Damian
Williams, Audrey Strauss, John M. McEnany, Melissa Childs, and Edgardo Ramos3 that states the
1
See SEC v. Honig, 18cv08175 (SDNY) (Ramos, J.). The SEC’s complaint details the money laundering and
Hobbs Act extortion committed by Alpha Capital, AG (Anstalt), LH Financial Services, Ari Rabinowitz, and
others in the SDNY. Cf., Alpha Capital, AG, et al. v. IVG Corp., a/k/a GPMT, et al., 02cv2219 (SDNY) (Sand,
J.); see also United States v. Ware, 04cr1224 (SDNY) (RWS), indictment, paragraphs 1-10, and SEC Release
33-7190 n. 17 (1995) (Section 2(a)(11) statutory underwriters [Alpha Capital, AG (Anstalt) and the “Civil
Plaintiffs” named in paragraph 8 of the 04cr1224 indictment, cf., para. 10.1(iv) of GX-5, Gov’t 04cr1224
trial exhibit] required to register [with the SEC pursuant to Section 5] all distribution of securities).
2
"Once civil contempt is established, district courts have 'broad discretion to fashion an appropriate
coercive remedy . . . based on the nature of the harm and the probable effect of alternative sanctions.'" In
fashioning an appropriate sanction, a court must consider: "(1) the character and magnitude of the harm
threatened by the continued contumacy; (2) the probable effectiveness of any suggested sanction in
bringing about compliance; and (3) the contemnor's financial resources and the consequent seriousness
of the burden of the sanction upon [her]." A court must use the least amount of coercive force necessary
to ensure compliance. However, "[i]t is a widely-held and long standing principle that detention as a
means of coercing compliance with the court's order [is] an option well within the district court's
inherent authority." Close-Up Int’l v. Berov, 474 Fed. App’x 790, 795 (2d Cir. 2012). (emphasis added).
3
The District Court currently lacks all Article III and 18 USC 3231 subject matter jurisdiction over the
04cr1224 and 05cr1115 (SDNY) proceedings. Accordingly, Edgardo Ramos has acted and functioned in his
personal and individual capacities as a covert agent for the USAO. Edgardo Ramos has personal and
individual civil and criminal liability. See December 20, 2007, Dkt. 90, Fed. R. Civ. P. Rule 41(a)(2)
superseding final judgment (Sand, J.), 02cv2219 (SDNY): voluntary dismissed with prejudice the 02cv2219
(SDNY) lawsuit, after the statute of limitation had run on all claims, i.e., a final judgment on the merits for
GPMT, Ulysses T. Ware, and Elorian and Becky Landers, (the “Prevailing Parties”), for the purpose of civil
Page 2 of 9
USAO has fully complied with the Brady Court Orders and disclosed to Ulysses T. Ware “all” Brady
exculpatory and impeachment evidence, all Giglio evidence, and all Rule 16 evidence in the actual
and/or constructive possession of the USAO.
Mr. Williams this is a profoundly serious matter that places you in personal legal jeopardy.
Presently District Judge Edgardo Ramos has foolishly decided to collude and conspire with the
USAO and has entered into a conspiracy with your office to obstruct justice, as the illegal scheme
and plan to conceal and suppress material evidence regarding the continuing criminal enterprise
Alpha Capital, AG (Anstalt). However, please be advised that Judge Ramos will likely be indicted
and prosecuted for his crimes committed given he also has several undisclosed and covert
conflicts of interest recently exposed by the Wall Street Journal. Judge Ramos has little to no
integrity or credibility, notwithstanding, and even less judicial competence.
Mr. Williams if you or the USAO have any good-faith objections to Mr. Ware’s assertions
that the USAO is currently in willful civil and criminal contempt of Exhibits 1 and 2, the Brady
Court Orders, and Exhibit 3, the 02cv2219 (SDNY) voluntary December 20, 2007, Dkt. 90, Rule
41(a)(2) superseding final judgment, please advise Mr. Ware in writing not later than October
15, 2021, at 12:00 noon, time of the essence.
Else Mr. Ware will assume and Damian Williams and the USAO will be deemed to agree
and stipulate as fact the USAO did not and has not disclosed “all” Brady exculpatory and
impeachment evidence required by the Brady Court Orders; and further the USAO stipulates as
fact the USAO and Damian Williams will not oppose the entry of an Order of civil incarceration
of Damian Williams, Audrey Strauss, John M. McEnany, Melissa Childs, and Edgardo Ramos until
such time as the USAO fully complies with the Brady Court Orders.
Sincerely,
/s/ Ulysses T. Ware

________________________________________
Ulysses T. Ware
contempt, and 18 USC 401(3) criminal contempt judgment, court order, enforcement proceedings
pursuant to Fed. R. Crim. P. Rule 42.
Page 3 of 9
cc: Chief District Judge (SDNY) the Hon. Laura Taylor-Swain
United States Department of Justice, Division on Public Integrity
United States Department of Justice, Office of Professional Responsibility
Attachments: Exhibit A
Page 4 of 9
Exhibit 1
04cr1224 (SDNY) Brady Court Order, August 10,
2007, Dkt. 32
Page 5 of 9
Exhibit 1-1
Page 6 of 9
Exhibit 2
05cr1115 (SDNY) Brady Court Order, May 19, 2006,
Dkt. 17, Tr. 5-9
Page 7 of 9
Exhibit 2-1
Page 8 of 9
Exhibit 3
December 20, 2007, Dkt. 90, Rule 41(a)(2)
superseding final judgment (02cv2219)(SDNY)
Page 9 of 9

51J-12 10.13.21 Damian Williams Re Show Cause Order Civil and Criminal Contempt of Brady Orders

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51J-12 10.13.21 Damian Williams Re Show Cause Order Civil and Criminal Contempt of Brady Orders

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Office of Ulysses T.

October 13, 2021

Mr. Damian Williams

RE: Application for show cause order for civil incarceration.

/s/ Ulysses T. Ware

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