UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

__________________________________________
United States of America, :
Respondent-Plaintiff, :
:
:
:
: Case No. 07-5222cr
v. :
:
:
Ulysses T. Ware, :
Appellant-Defendant. :
__________________________________________:

Filing Memorandum
Appellant-Defendant Ulysses T. Ware’s Supplemental Memorandum of
Law #4.0 in Support of the Requested Reliefs Regarding the May 12,
2024, Rule 27-1 Motion to Recall the August 18, 2009, 07-5222cr
mandate, and (2) The immediate access to all judicial court records used
in or a part of U.S. v. Ware, 05cr1115 (SDNY) and used in or by this Court
to reach its decision in its August 18, 2009, 07-5222cr mandate, reported
at U.S. v. Ware, 577 F.3d 442 (2d Cir. 2009) (Kearse, J.) not later than
Friday, May 31, 2024, time of the essence.

Respectfully Submitted by:

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

/s/ Ulysses T. Ware

Monday, June 3, 2024

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 Filing Memorandum

Appellant-Defendant Ulysses T. Ware’s Filing Memorandum in Support of the Requested

Reliefs Regarding the May 12, 2024, Rule 27-1 Motion to Recall the August 18, 2009, 07-5222cr
Mandate

To:
Hon. Chief Circuit Judge Debra Ann Livingston, Circuit Judge Amalya L. Kearse, Circuit Judge
Robert D. Sack, and the Second Circuit’s Judicial Council
United States Court of Appeals for the Second Circuit
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007

I. Introduction

This memorandum presents a critical analysis of the Court's August 18, 2009, mandate in

Case No. 07-5222cr, highlighting significant judicial legal and factual errors and missteps. The

government’s theory of "artificial inflation" of stock prices and volumes, presented without the

necessary expert testimony, is fundamentally flawed and contradicted by credible suppressed,

and concealed law enforcement evidence. The Court’s unexplained steadfast reliance on

speculative and fabricated evidence and perjured testimony has resulted in a profound

miscarriage of justice against Ulysses T. Ware. This Court must correct this error by recalling its

mandate and granting the requested reliefs.

II. Detailed Analysis of Contradictions

A. Contradictions in Font’s Testimony (Ex. 3H2)

1. Absence of Causal Evidence:

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 o FBI analyst Maria A. Font admitted under cross-examination that there was no

evidence linking the press releases from INZS and SVSY to changes in stock prices

or trading volumes. This directly contradicts the government’s assertion of

causation and undermines the entire basis of the prosecution’s case.

2. Emotional State and Credibility:

o Font’s emotional and distressed state during her testimony likely influenced the

jury's perception of her reliability, further diminishing the credibility of her

statements.

3. Contradiction to Government’s Claims:

o Font’s admission that there was no evidence of impact from the press releases

dismantles the government’s theory that false press releases led to artificial

inflation. This critical contradiction should have led the court to doubt the

validity of the government’s case.

B. SEC-DOJ Judicial Admissions (Ex. 3I, Paragraph 33)

1. No Artificial Inflation:

o Paragraph 33 of the SEC-DOJ’s unsigned complaint explicitly states that the press

releases did not increase or artificially inflate stock prices or volumes. This

authoritative statement from SEC law enforcement officials directly refutes the

government’s claims and highlights the speculative nature of their argument.

2. Binding Judicial Admissions:

o These judicial admissions are binding and should have been considered

dispositive actual innocent Brady exculpatory evidence. The SEC-DOJ’s clear

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 statement that the press releases did not affect stock prices directly undermines

the government’s theory of artificial inflation.

III. Impact on the Court’s Decision

The significant contradictions in Font’s testimony and the SEC-DOJ’s judicial admissions

reveal that the government’s claims were speculative and unsupported by concrete evidence. The

court’s reliance on unreliable perjured lay testimony and fabricated circumstantial evidence, GX

92 and GX 93, without the necessary expert testimony, represents a profound judicial error.

These manifest and obvious contradictions should have led the court to doubt the government’s

theory of artificial inflation, highlighting the need for a thorough reassessment of the case.

IV. Conclusion

The Court’s August 18, 2009, mandate in U.S. v. Ware, 07-5222cr, represents a

fundamental miscarriage of justice due to its undue and dubious reliance on unsupported,

perjured, fabricated, and speculative evidence. The significant contradictions in the testimonies

of law enforcement official alleged FBI analyst Maria A. Font and the SEC-DOJ’s judicial

admissions demonstrate the insufficiency of the government’s case. This Court must correct this

error by recalling its mandate and granting the requested reliefs to restore justice and uphold

the integrity of the legal process.

Respectfully Submitted,

The Office of Ulysses T. Ware

123 Linden Blvd., Ste 9-L
Brooklyn, NY 11226
(718) 844-1260
utware007@gmail.com
/s/ Ulysses T. Ware
Monday, June 3, 2024

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