Case No.: 07-5222cr (L) (9.

6)

Filing Memorandum

United States Court of Appeals for the Second Circuit

United States of America, Respondent-Plaintiff
v.
Ulysses T. Ware, Appellant-Defendant

Re: Application of the Double Jeopardy Clause's Absolute Finality to the Nov. 12, 2007,

Swearing of the 04cr1224 (SDNY) and Jan. 16, 2007, 05cr1115 (SDNY) Juries Given the USAO's

Affirmative Defenses and Judicial Admissions Pleaded in the Indictments.

To:
The United States Court of Appeals for the Second Circuit
Hon. Judges: Edgardo Ramos, Amalya L. Kearse, Jose A. Cabranes, and Robert D. Sack; The
Second Circuit’s Judicial Council, and Chairperson District Court (SDNY) Committee on Lawyer
Misconduct; and the Office of the General Counsel, State Bar of Georgia.

From:
The Office of Ulysses T. Ware
123 Linden Blvd., Ste 9-L
Brooklyn, NY 11226
(718) 844-1260
utware007@gmail.com
Date: Filed on Friday, July 5, 2024
/s/ Ulysses T. Ware

Page 1 of 4
Friday, July 5, 2024
(9.6) re Filing Memorandum—Application of the Double Jeopardy’s “constitutional shield” in 04cr1224,
05cr1115, and In re Ware, (2008) State Bar of GA’s fraudulent disbarment proceedings.
Introduction

Appellant-Defendant Ulysses T. Ware submits this memorandum to highlight the critical

legal implications of the Double Jeopardy Clause concerning the 04cr1224 and 05cr1115 (SDNY)

trials. The USAO's affirmative defenses and judicial admissions, as pleaded in the indictments,

necessitate an application of the Double Jeopardy Clause's absolute finality upon the swearing

of the juries.

Background and Allegations

A. Improper Judicial Actions

1. Commencement and Termination of Trials:

o The swearing of the jury in the 04cr1224 trial on November 12, 2007, and in the

05cr1115 trial on January 16, 2007, marked the formal commencement and end

of these trials and the attachment of jeopardy as per Crist v. Bretz, 437 U.S. 28

(1978).

2. Judicial Admissions and Affirmative Defenses:

o The USAO's judicial admissions and affirmative defenses pleaded in the

indictments, including those in paragraphs 9-25 of the 04cr1224 (SDNY)

indictment, negated the criminal liability of the defendant. These admissions

acknowledged that Mr. Ware’s actions did not constitute criminal offenses under

the relevant statutes, thereby nullifying the charges against him.

Page 2 of 4
Friday, July 5, 2024
(9.6) re Filing Memorandum—Application of the Double Jeopardy’s “constitutional shield” in 04cr1224,
05cr1115, and In re Ware, (2008) State Bar of GA’s fraudulent disbarment proceedings.
Legal Analysis

A. Double Jeopardy Clause

The Double Jeopardy Clause of the Fifth Amendment provides robust protection against

multiple or successive prosecutions or punishments for the same offense. This principle was

reaffirmed in Ohio v. Johnson, 467 U.S. 493, 498 (1984), emphasizing the constitutional shield

against subsequent legal actions for the same offense once jeopardy has attached.

B. Judicial Admissions and Indictments

The judicial admissions explicitly recognized that Mr. Ware’s actions did not meet the

statutory criteria for criminal offenses, as detailed in the indictments. The USAO's affirmative

defenses effectively nullified the indictments, rendering the charges moot and terminating the

trials upon the swearing of the juries.

C. Application to Disbarment Proceedings

The fraudulent 2008 disbarment proceedings, see Ex. A, infra, initiated by the Supreme

Court of Georgia, based on the nullified indictments, constitutes an additional punitive action

for the same "offense," violating the protections afforded by the Double Jeopardy Clause. The

attachment of jeopardy during the 04cr1224 and 05cr1115 trials precluded any further

prosecution or punitive action for the same offenses.

Conclusion

The trials of Ulysses T. Ware under indictments 04cr1224 (SDNY) and 05cr1115 (SDNY)

commenced and legally ended with the swearing-in of the juries on November 12, 2007, and

Page 3 of 4
Friday, July 5, 2024
(9.6) re Filing Memorandum—Application of the Double Jeopardy’s “constitutional shield” in 04cr1224,
05cr1115, and In re Ware, (2008) State Bar of GA’s fraudulent disbarment proceedings.
January 16, 2007, respectively. The judicial admissions and affirmative defenses by the USAO

nullified the charges, rendering any subsequent punitive actions, including the disbarment

proceedings, constitutionally barred under the Double Jeopardy Clause.

Respectfully Submitted,

Ulysses T. Ware, Defendant-Appellant

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

Friday, July 5, 2024

Page 4 of 4
Friday, July 5, 2024
(9.6) re Filing Memorandum—Application of the Double Jeopardy’s “constitutional shield” in 04cr1224,
05cr1115, and In re Ware, (2008) State Bar of GA’s fraudulent disbarment proceedings.