The Office of Ulysses T.

Ware
123 Linden Blvd.
Ste 9-L
Brooklyn, NY 11226
(718) 844-1260
utware007@gmail.com

URGENT
TIME OF THE ESSENCE
April 28, 2022

Damian Williams
Office of the United States Attorney (SDNY)
1 St. Andrews Plaza
New York, NY 10007

RE: Ware v. United States, et al., 22cv03409 (SDNY) (PAE)(OTW)

28 USC 2241(a) actual innocent habeas corpus petition

Last and final demand before judicial intervention is sought for the Government to
immediately produce all Brady actual innocent exculpatory and impeachment materials.

PLEASE BE ADVISED AND TAKE NOTICE:

I.

The Petitioner hereby gives notice this 28th day of April 2022 and has served on the United

States by and through Damian Williams, the United States Attorney (SDNY) notice of:

1. the docketing of the 28 USC 2241(a) actual innocent habeas corpus petition in 22cv03409

(SDNY) (PAE)(OTW).

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Re: Ware’s USAO demand for immediate production of all Brady exculpatory and
impeachment material and Notice of the Court Orders’ contempt enforcement proceedings.
 2. The Brady Court Orders entered in United States v. Ware, 04cr1224 (SDNY)1 and United

States v. Ware, 05cr1115 (SDNY).2

3. Mr. Ware, the Petitioner herein, hereby this 28th day of April 2022 demands that the

United States and its privies disclose “all” actual innocent Brady exculpatory and

impeachment evidence in the possession of the Securities and Exchange Commission,3

(the “SEC”) and FINRA, that pertain to the:

(i) affiliate,4

(ii) 15 USC 78p(b) statutory insider, and

1
See Exhibit 1 attached hereto.

2
See Exhibit 2 attached hereto.

3
See newly discovered previously deliberately and intentionally suppressed and concealed by the
Government Brady actual innocent exculpatory and impeachment evidence, the affidavit of Lawrence B.
Mandala, Esq. of Baker & McKenzie, LLP dated April 15, 2002, Dkt. 9 filed in 02cv2219 (SDNY), e.g., ¶¶ 20-
27 (quoting Lawrence B. Mandala, Esq., ¶21, “[SEC] Comment number 2 noted that [GPMT] was
registering for resale 39 million shares owned by parties [i.e., the 02cv2219 “Civil Plaintiffs”] that may be
deemed affiliates [who are legally ineligible for Rule 144(k)] of [GPMT] ….”) (emphasis added, internal
quotation omitted, and brackets added). See attachment for Baker & McKenzie’s and Lawrence B.
Mandala, Esq.’s affidavit.
4
Disclosure shall include “all” communications the SEC sent to and received from Baker & McKenzie, LLP
and Lawrence B. Mandala, Esq. in regard to Group Management Corp.’s 2001 Form SB-2 registration
statement that addressed the SEC’s comments—that is, the SEC considered the “Civil Plaintiff” to be
affiliates of GPMT and Section 16(b) statutory insider of GPMT -- to said SB-2 registration statement in
regard to GPMT’s attempted registration of 200% of its securities as potential criminal usury interest
pursuant to N.Y. Penal Law §190.40, the criminal usury law, with respect to the February 2001 18 USC
1961(A) illegal debt, i.e., the subject matter of the 02cv2219 (SDNY) civil lawsuit and the United States v.
Ware, 04cr1224 (SDNY) indictment’s charges, Counts I, II, and III. See 22cv03409 (SDNY) Dkt. 12-1 and 12-
2 (GPMT’s Form SB-2 registration statement).

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Re: Ware’s USAO demand for immediate production of all Brady exculpatory and
impeachment material and Notice of the Court Orders’ contempt enforcement proceedings.
 (iii) 15 USC 78o(a)(1) unregistered broker-dealer status of the 02cv2219 (SDNY)

“Civil Plaintiffs” not later than 12:00 noon on April 29, 2022.

4. Petitioner will move forthwith in the District Court to enforce (i) the Brady Court Orders,5

Exhibits 1 and 2, attached hereto; (ii) the December 20, 2007, Rule 41(a)(2) dismissal with

prejudice of the proceedings in 02cv2219 (SDNY), Id. Exhibit 5; and (iii) enforcement of

the August 18, 2009, superseding final judgment entered against the United States in

United States v. Ware, 07-5670cr (XAP)(2d Cir.), Gov.-I, Id. at Exhibit 4, jointly, (the “Court

Orders”).

Govern yourself accordingly.

Sincerely,

/s/ Ulysses T. Ware

Service: Counsel for the government was served via email to: damian.williams@usdoj.gov.

Additional service via email was made to the parties listed below:

cc: Thomas A. Leghorn for Baker & McKenzie, LLP

The Garland Law Firm (Atlanta, GA)
Kilpatrick, Townsend, & Stockton, LLP (Atlanta, GA)
The State Bar of Georgia, Office of the General Counsel (Atlanta, GA)
The U.S. Bankruptcy Court (NDGA)
Marlon G. Kirton, Esq.
Breon Peace (EDNY)
Merrick B. Garland
Edgardo Ramos and Laura Taylor-Swain

5
Petitioner will seek a compensatory money judgment for the civil contempt against the government and
all those that aided and abetted the government to resist and disobey the Court Orders; and also seek a
Fed. R. Crim. P. 42 show cause order for the willful criminal contempt, 18 USC 401(3), of the Court Orders
against all that resisted, disobeyed, and aided and abetted the resistance and disobedience of the Court
Orders.

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Thursday, April 28, 2022
Re: Ware’s USAO demand for immediate production of all Brady exculpatory and
impeachment material and Notice of the Court Orders’ contempt enforcement proceedings.
 Exhibit #1-1

Page 4 of 7
Thursday, April 28, 2022
Re: Ware’s USAO demand for immediate production of all Brady exculpatory and
impeachment material and Notice of the Court Orders’ contempt enforcement proceedings.
 Exhibit #1-2

Page 5 of 7
Thursday, April 28, 2022
Re: Ware’s USAO demand for immediate production of all Brady exculpatory and
impeachment material and Notice of the Court Orders’ contempt enforcement proceedings.
 Exhibit 2-1

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Thursday, April 28, 2022
Re: Ware’s USAO demand for immediate production of all Brady exculpatory and
impeachment material and Notice of the Court Orders’ contempt enforcement proceedings.
 Exhibit 2-2

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Thursday, April 28, 2022
Re: Ware’s USAO demand for immediate production of all Brady exculpatory and
impeachment material and Notice of the Court Orders’ contempt enforcement proceedings.