10.30.21 Exhibit 52B-5 Re Statements of Former CJ Loretta Preska (SDNY) Regarding Cooperation Agreements

Docket NO: 04cr1224 and 05cr1115 (SDNY) (52B-5)
Submitted by:
/s/ Ulysses T. Ware
_____________________________
Ulysses T. Ware, (the “Prevailing Party”), Petitioner
123 Linden Blvd.
Suite 9-L
Brooklyn, NY 11226
(718) 844-1260
Utware007@gmail.com
Submitted on October 30, 2021
In the United States District Court

For the Southern District of New York
____________________________
Exhibit 52B-5 to October 25, 2021, 52B-1, Emergency Motion for Leave to Compel
the United States to file all USSG 5K documents, filings, pleadings, memorandums,
Brady, Giglio, Rule 16 materials, Rule 11 plea agreements, and cooperation
agreements related to United States v. Ulysses Ware, 05cr1115 (SDNY) and
04cr1224 (SDNY) regarding Government “principal witness” Jeremy Jones, or any
other person, pursuant to the US Attorney’s Manual Sections 9-24.400 to 410, and
the First Amendment right of access to judicial public records.
_________________________
DOJ’s Damian Williams, Merrick Garland, Marlon G. Kirton, Esq., Edgardo Ramos,
Laura Taylor-Swain, William H. Pauley, III and others Conspiracy to Suborn
Perjury, Obstruct Justice, and Commit a fraud on the U.S. Court of Appeals for the
Second Circuit in U.S. v. Ware, 07-5222cr, and the Supreme Court of the United
States in case no. 10-6449, Ware v. United States.
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Exhibit 52B-5 re Statements of former Chief District Judge (SDNY) Loretta Preska concerning
the District Court (SDNY)’s policy regarding public access to plea and cooperation agreements.
Certificate of Service
I Ulysses T. Ware have this 30th day of October 2021, served the United States
DOJ’s lawyer, Damian Williams (SDNY), with a copy of this pleading via email to
Damian.Williams@usdoj.gov, Jeffrey R. Ragsdale at Jeffrey.Ragsdale@usdoj.gov,
Chief District Court Judge Laura Taylor-Swain,
SwainNYSDCorresp@nysd.uscourts.gov, Edward T.M. Garland at etg@gsllaw.com,
Manny Arora at manny@arora-law.com, The State Bar of Georgia at Office of the
General Counsel, Bill NeSmith at billn@gabar.org, and Marlon G. Kirton, Esq. at
kirtonlawfirm@gmail.com.
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A
Ongoing conspiracy by the DOJ’s Damian Williams, Merrick Garland, Marlon G.
Kirton, Esq., Edgardo Ramos, Laura Taylor-Swain, and others to conceal the
exculpatory and impeachment evidence regarding “principal witness” Jeremy
Jones’ known perjury and fabricated testimony in U.S. v. Ware, 05cr1115 (SDNY).
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A-1
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B
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Exhibit B-1
Para. 8 of the null and void ab initio United States
v. Ware, 04cr1224 (SDNY) indictment.
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Exhibit B-2
Willfully and bad faith DOJ suppressed and concealed dispositive Brady exculpatory exoneration
evidence: the “Civil Plaintiffs” named in para. 8, see Exhibit B-1, supra, were unregistered broker-
dealers legally ineligible for Rule 144; and therefore, as a matter of law lacked Article III and 28
USC 1332 standing to file the 02cv2219 (SDNY) complaint. Ergo, ipso facto, all government trial
exhibits, judgment, GX-7, and orders, GX-11, and GX-24, entered in 02cv2219 (SDNY) are null and
void ab initio, and moot. The Government as a matter of law lacked all probable cause to have
sought the Jim Crow racially-motivated hate crime bogus and fraudulent moot 04cr1224
indictment.
CHECKMATE!
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C
Marlon G. Kirton, Esq., the DOJ, AUSA Alexander H. Southwell, et al., District
Judge William H. Pauley, III, and the District Court (SDNY), Ulysses T. Ware’s
retained lawyers, Edward T.M. Garland, Manny Arora, and Michael F. Bachner,
and CJA lawyer Gary G. Becker’s conspiracy to obstruct justice and knowingly
commit perjury. Mr. Ware’s retained lawyers all refused to file any discovery
motions that would have exposed the Government’s conspiracy to suborn Jeremy
Jones’ known perjured testimony and USSG 5K cooperation agreement. An
execrable violation of Local Rule 1.5(b)(5) District Court (SDNY), Rules of the State
Bar of Georgia, and the New York Bar Assn.
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C-1
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C-2
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D
Cf., Exhibit 1-8, infra.
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E
Quoting former Chief District Judge (SDNY) Loretta Preska:
“It is also the general practice in the Southern District of New York not to docket any plea
agreement, whether a cooperation agreement or otherwise. Most judges do not mark the plea
agreements as exhibits to the plea proceedings.
Generally, the court will review the agreement, allocute the defendant, and then return
it to the United States Attorney’s Office. This return is consistent with Local Rule 39.1,14 which
provides that lawyers retain the originals of any exhibits they proffer. This is a general rule; it
does not just apply to plea situations.
It is also the policy of the United States Attorney’s Office in the Southern District that,
unless sealed, plea agreements, including cooperation agreements, are public. They are not
generally on the docket, but if requested, they will be provided. Eventually, as you can hear,
most of these cooperation agreements are unsealed and the related docket entries made,
indicating when the docket entry was made and when the original event reflected in the docket
entry took place. That way, the public can see what the government is doing.”1 (emphasis
added).
1
See Exhibit 1-2 and 1-3, infra. See Dkt. 112 in United States v. Jeremy Jones, 05cr1115 (SDNY)
(“4/20/2009 112 SEALED DOCUMENT placed in vault. (jri) (Entered: 04/20/2009).”).
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Exhibit 1
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Exhibit 1-1
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Exhibit 1-2
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Exhibit 1-3
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Exhibit 1-4
Docket 112 excerpt from U.S. v,. Jeremy Jones,
05cr1115 (SDNY).
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Exhibit 1-5
DOJ’s illegal strategy and methods to circumvent
the Federal Rules of Criminal Proc. Rule 55 and the
First Amendment rights of the public and the
defendants.
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Exhibit 1-6
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Exhibit 1-7
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Exhibit 1-8
Government “principal witness” Jeremy Jones testified pursuant to a fraudulent
and null and void contract, the concealed and suppressed cooperation agreement,
see Ex. D, supra: a conspiracy to commit perjury, obstruct justice, and commit a
fraud on the court by offering known fabricated and false testimony suborned by
AUSAs Alexander H. Southwell, Steven D. Feldman, Nicholas S. Goldin, Michael J.
Garcia, and Marlon G. Kirton, the SEC, the FBI, and District Judge William H.
Pauley, III (deceased).
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10.30.21 Exhibit 52B-5 Re Statements of Former CJ Loretta Preska (SDNY) Regarding Cooperation Agreements

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10.30.21 Exhibit 52B-5 Re Statements of Former CJ Loretta Preska (SDNY) Regarding Cooperation Agreements

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Docket NO: 04cr1224 and 05cr1115 (SDNY) (52B-5)

In the United States District Court

Damian.Williams@usdoj.gov, Jeffrey R. Ragsdale at Jeffrey.Ragsdale@usdoj.gov,

Chief District Court Judge Laura Taylor-Swain,

SwainNYSDCorresp@nysd.uscourts.gov, Edward T.M. Garland at etg@gsllaw.com,

Manny Arora at manny@arora-law.com, The State Bar of Georgia at Office of the

General Counsel, Bill NeSmith at billn@gabar.org, and Marlon G. Kirton, Esq. at

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