IRNewswires@gmail.com
August 24, 2019
New York, NY
BY: Alan Reitman, JD, Ph. D., Esq., and Harold Morey (Executive Editor)
Legal Investigative Reporters
See our Tweeter feed at: @John7Smith1
Part 9
THE
U.S. PROBATION DEPARTMENT (SDNY) PREPARED TWO FABRICATED, FRAUDULENT,
AND COMPLETELY FRIVOLOUS AND MALICIOUS PRESENTENCE INVESTIGATION REPORTS
(PSIs) IN THE WARE CASE: U.S. v. Ware, 04cr1224 and 05cr1115 (SDNY). PREPARED BY OFFICERS OF THE COURT EMPLOYEES COLLEEN TYLER AND THOMAS J. McCARTHY OF THE U.S. PROBATION OFFICE (SDNY).
I.
 |
| Judge Sand's Rule 41(a)(2) final judgment | | |
|
Recently we
received, anonymously, copies of what purports to be judicial documents
prepared by employees of the U.S. Probation Office (SDNY) in Manhattan, NY
regarding the Ware cases, i.e., U.S. v. Ware, case nos. 04cr1224 and
05cr1115 (SDNY). First, the purported PSI prepared by USPO employee Thomas J.
McCarthy for the 04cr1224 case is in our opinion perhaps the most fabricated
and fraudulent court (judicial) document ever prepared in the history of the
United States. Mr. McCarthy ostensibly acting under the direction of former
District Judge Robert W. Sweet (deceased) in 2009 -- long after District Judge
Leonard B. Sand (deceased) had on December 20, 2007, Doc. #90, dismissed
the 02cv2219 (SDNY) proceedings with prejudice (the statute of
limitation had run on all claims on 12/20/2007) -- while lacking all authority
and jurisdiction deliberately, intentionally, and in bad faith prepared,
signed, and submitted to the court the PSI in 04cr1224 in 2008.
It is not debatable. In 2009, after the 02cv2219
lawsuit was voluntarily, ex parte, without notice to Mr. Ware, GPMT, or
the Landers, dismissed by District Judge Leonard B. Sand, pursuant to Rule
41(a)(2), on 12/20/2007 (Doc. #90), all proceedings (i.e., the 04cr1224 case)
that depended in whole or in part on the 02cv2219 proceedings, orders, or
judgments themselves became moot according to the binding authority and
precedent of the Court of Appeals for the Second Circuit in its A.B. Dick
Co. v. Marr, 197 F.2d 498, 501-02 (2nd Cir. 1952)( voluntary dismissal of a
lawsuit by the plaintiff annulled, voided, and vitiated "all prior orders,
judgments, and proceedings ... as if the lawsuit had never been filed ...
rendered the proceedings moot ... and terminated the courts' jurisdiction over
the [moot] proceedings ....") (paraphrased).
It is a fundamental axiom of federal civil law, that
is binding on the USPO's employees (McCarthy and Tyler) that the Article III
United States federal courst and its employees do not have lawful and extant
jurisdiction over moot proceedings, or annulled orders and judgments according
to the decision in A.B. Dick, supra. Thus, Judge Sweet, AUSAs Nicholas
S. Goldin, Maria E. Douvas, and U.S. Attorney Michael J. Garcia and Preet
Bharara; and Mr. McCarthy and Ms. Tyler "acted in the clear absence of all
jurisdiction" and indisputably are personally civilly monetarily liable to
Mr. Ware for the sum certain amount of $500 million dollars (jointly and
severally), under the Federal Tort Claim Act and federal civil rights laws
according to the legal standard of the Supreme Court's decision in Stump v.
Sparkman. This fact is not open to rational non-frivolous debate by the
USPO and its employees.
Judge Sweet in January 2009 while conspiring, colluding, and
racketeering to obstruct justice with the USAO and the USPO (note Judge Sand
dismissed 02cv2219 on 12/20/2007 with prejudice) arranged deliberately
and intentionally the extra judicial proceedings to sentence Atlanta, GA lawyer
Mr. Ulysses T. Ware, Esq. Judge Sweet, AUSAs Nicholas S. Goldin, Maria E.
Douvas, U.S. Attorney Michael J. Garcia, and Thomas J. McCarthy all
jointly and severally, "in the clear absence of all jurisdiction"
manufactured and fabricated the sentencing proceedings, and fabricated the
bogus null and void ab initio purported judgment of conviction and sentence to
have Mr. Ware falsely imprisoned as a retaliatory racially-motivated hate crime
under an illegal and extra-judicial consecutive sentence in violation of the Double
Jeopardy Clause and res judicata.
We hired lawyers expert in federal sentencing proceedings to review the
05cr1115 and 04cr1224 alleged sentencing proceedings and the PSIs prepared by
Ms. Tyler and Mr. McCarthy, respectively, to make a determination as to
the legality of the PSIs and the sentencing proceedings in 04cr1224 and
05cr1115. In both cases the experts all agree that the PSIs
were invalid, fabricated, and null and void ab initio; and could not have been
used as a sentencing aid when in fact the purported sentencing courts both
lacked all jurisdiction over the subject matter of the underlying proceedings
as required by federal law, 18 USC 3231, and Article III of the Constitution.
That is not in rational debate according to the prevailing legal standards as
announced by the Supreme Court of the United States.
The experts informed us that on 12/20/2007 (see Doc. #90 in 02cv2219 SDNY) as
soon as Judge Sand entered his superseding final judgment and granted the
plaintiffs' ex parte, unnoticed request to abandon and dismiss the proceedings
with prejudice, this binding and final decision had devastating and dire
consequences on Judge Sand, the plaintiffs, David N. Kelley, Michael J. Garcia,
Preet Bharara, Judge Sweet, the USAO, the USPO, and the United States and its
privies. All are personally civilly monetarily liable to Mr. Ware for hundreds
of millions of dollars in compensatory and punitive damages.
The experts tell us that Judges Sand and Sweet, the USPO, the USAO, and the United
States' fates were jointly and collectively sealed by the Supreme Court's
binding precedent, Federated Dept. Stores v. Moite, 452 U.S. 394,
398-401 (1981)(final judgment absolutely binding on "all courts, the
parties, and their privies in all subsequent proceedings ... and issues, facts,
and claims resolved by final judgment forever settled between the
parties.") (emphasis added) governed the 02cv2219 and ipso facto is
controlling in 04cr1224 (SDNY) proceedings. We were also by the informed by the
experts that once Judge Sand on 12/20/2007 pursuant to Fed. R.
Civ. P. Rule 41(a)(2), ex parte (on the plaintiff's application after the
statute of limitation had run on all claims; note the 02cv2219 complaint was
never refiled) dismissed the lawsuit, res judicata and collateral estoppel
attached against the plaintiffs; and as a matter of law conferred prevailing
party status on Mr. Ware, GPMT and the Landers for the purpose of civil and
Fed. R. Crim. P. Rule 42(a)(1) criminal contempt to enforce the Rule 41(a)(2)
superseding final judgment (Doc. #90)). Which currently places Mr. McCarthy,
Ms. Tyler, the USPO, the United States, and the USAO in perilous and draconian
legal jeopardy for 18 USC 401(3) criminal contempt charges; and, moreover,
civil contempt compensatory damages award for Mr. Ware, GPMT, and the Landers.
II.
According
to the prevailing binding current legal standards and precedents of the Court
of Appeals for the Second Circuit and the Supreme Court of the United States,
Mr. Ware, (Doc. #90) superseding final judgments, and the legal status of
04cr1224 and 05cr1115 are not in debate. Both cases are moot having been dismissed
with prejudice on 12/20/2007 and MT, and the Landers' legal rights to
enforce Judge Sand's 12/20/2007 Rule 41(a)(2) (Do07/14/2003, respectively,
and:
(1) as a matter of
law 04cr1224 was dismissed with prejudice and went moot on 12/20/2007
(lacking a plaintiff in 02cv2219 and the annulment of vitiation of all orders,
judgments, and proceedings therein via Rule 41(a)(2), cf., A.B. Dick Co. v.
Marr, 197 F.2d 498, 501-02 (2d Cir. 1952) (voluntary dismissal by plaintiff
annuls and vitiates all prior orders, judgments, and proceedings ... and leaves
the case as if it had never been files ... and moots the proceedings")
(paraphrased)) once the orders, judgments, and proceedings in 02cv2219 became
annulled and moot;
(2) as a matter of
law and fact 05cr1115 went moot on 07/14/2003 once the SEC
submitted for filing to District Clerk (D. NV) Lance C. Wilson the unsigned
03-0831 (D. NV) frivolous, bad faith, and filed for an improper purpose in
violation of Fed. R. Civ. P. Rule 11(b)(1-4) complaint. The SEC was apparently
colluding and conspiring with the USAO (SDNY) to frame Mr. Ware for securities
fraud regarding immaterial, and therefore non-actionable press releases
(cf., paragraph #33 in the unsigned 03-0831 (D. NV) moot complaint).
(3) The United
States SEC (acting on behalf of the United States and its privies) sealed the
SEC, USAO, USPO, Ms. Tyler, Judge Pauley, Michael J. Garcia, Alexander H.
Southwell, Steven D. Feldman, Nicholas S. Goldin, Maria E. Douvas, Andrew L.
Fish; and circuit judges Amalya L. Kearse (the author of the frivolous, bogus,
and moot 08/18/2009 opinion in U.S. v. Ware, 07-5222 (2d Cir.)), Robert
D. Sack, and Peter W. Hall collective fates on 07/14/2003 by the binding
judicial admissions pleaded at paragraph 33 of the 03-0831 (D. NV) pathetic
complaint. In other words the SEC while conspiring and colluding with the
USAO (SDNY) lawyers and officials pleaded itself and the United States and
its privies out of the federal courts, triggered judicial and equitable
estoppel, and annulled the Article III required "live case or
controversy" (a lawful dispute) in regard to INZS and SVSY's press
releases. cf., Lujan, 504 U.S. at 561-62 (Ginsberg, J.)
Therefore, ipso facto, lacking the required Article III "live case or
controversy" (a cognizable dispute between the parties, cf. Lujan,
504 U.S. at 561-62 (Ginsberg, J.): Mr. Ware and the defendants do not dispute
the SEC's judicial admission that INZS and SVSY's press releases were
immaterial; thus, the experts tell us that the United States (and its privies)
absolutely lacked:
(A) all probable
cause to arrest, indict, or prosecute Mr. Ware and Jeremy Jones in 05cr1115;
(B) all 28 USC
547(2) standing to seek arrest warrants, indictments, or prosecute Mr. Ware and
Jeremy Jones in 05cr1115;
(C) all lawful
authority to appear in the 05cr1115 (SDNY) proceedings and make any argument,
claims, or assertions that INZS and SVSY's press releases were material once
judicial and equitable estoppel attached; and
(D) jurisdiction,
authority, and standing after the United States Attorney General (USAG) on 11/07/2008
indisputably and irrevocably dismissed with prejudice, abandoned, and
terminated the United States and its privies frivolous cross-appeal filed
in U.S. v. Ware, 07-5670cr (XAP) (2d Cir.), Gov.-I.
Constitutional law scholars tell us the USAG's 11/07/2008
Article II, section 3 executive branch decision to dismiss the 07-5670
cross-appeal was "an appellate political decision" act' and thus, was
(a) unreviewable and (b) nonjusticiable by the Article III
federal courts. see U.S. v. Nixon, 418 U.S. 683, 693 (1974) (Article III
federal courts lack jurisdiction over the subject matter to conduct Article III
judicial review of executive branch [appellate political decisions to dismiss
an appeal by the United States] according to the separation of powers concept).
What
does all this mean for Judge Pauley, the USPO, the USAO, and the United States
and its privies? We asked an expert and conducted our own internal research to
reach the correct conclusion.
It is the consensus opinion of the experts and IRNewwires that District Judge
William H. Pauley, III was bribed, paid off, and accepted an illegal gratuity
to rig and fix the 05cr1115 proceedings. The bribe payment was paid by
disgraced former SEC lawyer Spencer C. Barasch (a Duke graduate), using Judge
Pauley's, Judge Peck's, Judge Orinda D. Evans', and Circuit Judge Gerald B.
Tjoflat's alma mater (Duke School of Law as a conspirator conduit to launder
the bribe payment) for the rendering of judicial decisions in the 05cr1115
SDNY and related proceedings:
(i) see
Pauley's frivolous and bogus May 19, 2006, Doc. 17 and January 7, 2007, Doc. 35
orders entered to deliberately, intentionally, and illegally violate Mr. Ware's
Fifth and Sixth Amendment constitutional rights to a fair trial by an impartial
and unbiased judicial officer;
(ii) see Peck's
2006 bogus and fraudulent arrest warrants (based on the known and suborned
perjured affidavit concocted by FBI special agent David Makol, Alexander H.
Southwell, Nicholas S. Goldin, Michael J. Garcia, and others while knowingly
lacking all probable cause regarding INZS and SVSY's immaterial press releases
as judicially pleaded and admitted by the SEC in its frivolous, bad faith, and
filed for an improper purpose unsigned 03-0831 (D. NV) complaint's
paragraph 33; see Judge Evans' bogus 2008 order and fraudulent attempt to
purportedly disbar Mr. Ware from practicing law in the District Court
(NDGA);
(iii) and see
Circuit Judge Tjoflat, Marcus, and Wilson's schizophrenic attempts (Mr. Ware's
All Writs Act petitions filed in the Court of Appeals for the Eleventh Circuit,
In re Ware) to cover up for bankruptcy judge Margaret H. Murphy, Joyce
Bihary, and C. Ray Mullins regarding the 2003 In re Group Management Corp.,
case no. 03-93031-mhm (BC NDGA) Chapter 11 conspiracy to commit bankruptcy
fraud committed by Atlanta, GA law firm Kilpatrick, Townsend, and Stockton, LLP
partners Dennis S. Meir (a "classmate of mine at Harvard Law School"
testimony of government witness (02cv2219 plaintiffs' attorney) Kenneth A. Zitter,
Esq. at trial in 04cr1224) and John W. Mills, III.
1.
According to the experts it also means that the USPO and its employee currently
lacks all authority and jurisdiction to oversee any purported "supervised
release" for Mr. Ware that is related to the annulled and void ab
initio proceedings in 04cr1224 and 05cr1115.
2.
It also means that the USPO and its employees are in deliberate and intentional
current civil and criminal (18 USC 401(2), and 401(3)) contempt of the USAG's 11/07/2008
Article II appellate political decision to abandon, terminate, and dismiss with
prejudice the 07-5670, Gov.-I Government cross-appeal; and in contempt of Judge
Sand's 12/20/2007 Rule 41(a)(2) superseding final judgment in favor of Mr.
Ware, GPMT, and the Landers, the legal prevailing parties.
3. It means
that the SEC's 07/14/2003 judicial admissions pleaded at paragraph 33 of
the United States and its privies 03-0831 (D. NV) unsigned complaint
that INZS and SVSY's press release were immaterial and "had no effect
on the stocks price" (quoting paragraph 33) (emphasis added), ipso
facto rendered Judge Pauley, the USAO, the USPO, and the SEC guilty of fraud,
conspiracy to obstruct justice, money laundering, mail and wire frauds,
extortion, bribery, perjury, racketeering to obstruct justice, and Hobbs Act
extortion committed by Alpha Capital, AG, LH Financial, Ari Rabinowitz, Kenneth
A. Zitter, Thomas W. Thrash, Jr., Leonard B. Sand, Orinda D. Evans, Andrew J.
Peck, Linda T. Walker, James N. Hatten, M. Regina Thomas, Pat Sinback, the U.S.
Marshals, the Geo Group, Inc. and others who directly or indirectly
participated in the criminal enterprise to have Mr. Ware falsely convicted and
incarcerated for his lawful refusal to sign and issue bogus and fraudulent Rule
144(k) legal opinions to the 02cv2219 (SDNY) plaintiffs and criminally enable
an unregistered public offering of GPMT's unregistered convertible notes
(government trial exhibits GX 1-4 in 04cr1224): the 02cv2219 have been found to
be judicial and judicially admitted 15 USC 77b(a)(11) statutory underwriters
strictly ineligible for any exemption from Section 5 of the 1933 Securities
Act's strict-liability registration requirement. See SEC Release 33-7190
and Berckeley, 455 F. 3d at 220 (Section 2(a)(11) statutory
underwriter required to register all distribution [public offerings] of
securities).
4.
It means the USAO's purported "chiefs" [Berman, Khuzami] that are
unlawfully holding on to bail money posted until Mr. Ware self-surrendered
on November 27, 2007 are in deliberate and intentional civil and criminal
contempt (18 USC 401(2) and 401(3)) of the USAG's 11/07/2008 Article II
appellate political decision to dismiss Gov.-I (07-5670) with prejudice; and in
civil and criminal contempt of the Second Circuit's 08/18/2009 entry of
superseding final judgment which indisputably dismissed Gov.-I,
07-5670, with prejudice; which triggered the protections of the Double Jeopardy
Clause for Mr. Ware; triggered res judicata, and collateral estoppel in favor
of Mr. Ware; and conferred prevailing party status on Mr. Ware for the purpose
of civil and 18 USC 401(2), and 401(3) criminal contempt charges against Robert
Khuzami, Geoffrey S. Berman, William H. Pauley, III, Amalya L. Kearse, Robert
D. Sack, Peter W. Hall and others who have assisted and aided the
contempt of the lawful and extant Federal Court orders and judgments.
see Federated, 452 U.S. at 398-402; Nixon, 418 U.S. at 693.
Judge Pauley, the USPO's employees, the USAO and its employees have no place to
run, and no place to hide and must be, sua sponte, brought up judicial and
prosecutorial misconduct charges by the chief Circuit Judge Robert A. Katzmann
for his crimes and judicial misconduct frauds committed in the 05cr1115
proceedings; and by the DOJ's Office of Professional Responsibility. And sua
sponte investigated by a special grand jury convened by the DOJ's criminal
division and Division of Public Corruption for their past and ongoing crimes
committed in the Ware cases.
III.
It is the conclusion and opinion of IRNewswires and the legal experts and
investigators we retained to review Freedom of Information (FOIA) and hidden
and concealed official court records that a serious, deliberate, and
intentional racially-motivated criminal hate crime was committed against
Atlanta, GA lawyer Mr. Ulysses T. Ware, Esq. by the persons and entities named
in this article.
It is also our opinion the hate crimes were a deliberately and
intentionally and organized criminal conspiracy orchestrated by the DOJ's
United States Attorneys Office for the Southern District of New York (USAO) and
federal judges Pauley, Sand, Sweet, and others; in illegal retaliation against
Mr. Ware for his lawful 2003 refusals to criminally circumvent the 1933
Securities Act's (15 USC 77e(a) and e(c)) Section 5 strict-liability
registration requirements for Section 2(a)(11) statutory underwriters, i.e.,
the plaintiffs named in the civil lawsuit Alpha Capital, AG, et al. v. IVG,
Inc, a/k/a Group Management Corp. (GPMT), et al., case no. 02cv2219 (LBS)
(SDNY). Cf. paragraphs 12 and 13 of the plaintiffs' own 02cv2219 complaint's
binding judicial admissions drafted by government witness in 04cr1224 Kenneth
A. Zitter, Esq; also compare Judge Sand's own unappealed by the plaintiffs 11/25/2002
judicial ruling in 02cv2219 ruling the plaintiffs were in fact Section 2(a)(11)
statutory underwriters of GPMT's 02/02/2001 restricted convertible notes
(government trial exhibits GX 1-4, issued pursuant to paragraph 10.1(iv) of
GX-5, the so-called "subscription agreement" in actuality a null and
void ab initio illegal underwriting agreement).
Judge Pauley, the USPO's employees, the USAO and its employees have no place to
run, and no place to hide and must be, sua sponte, brought up for judicial and
prosecutorial misconduct charges by the chief Circuit Judge Robert A. Katzmann
for their crimes and judicial misconduct frauds committed in the 05cr1115
proceedings; and criminally charged and indicted by the DOJ's Office of
Professional Responsibility. And sua sponte investigated and indicted by a
special grand jury convened by the DOJ's Criminal Division and Division of
Public Corruption for their past and ongoing crimes committed in the Ware
cases.
This case demands that immediate justice be served on the USPO, its employees,
the USAO and its employees, and the federal judges, and others who
participated, directly or indirectly, in any capacity, however small, in what
from a thorough review of the records indisputably proves was a racially-motivated
hate crime to protect the hundred of millions dollars in criminally
generated and the laundering of the ill-gotten profits, revenue, and proceeds
generated by the 18 USC 1951 Hobbs Act extortion conspiracy run by unregistered
broker-dealers Alpha Capital, AG, LH Financial, convicted felon Edward
Grushko, Esq., Barbara R. Mittman, Esq., Ari Rabinowitz, Leonard B. Sand,
Robert W. Sweet; Atlanta, GA court employees and federal judges Thomas W.
Thrash, Jr., Orinda D. Evans, Gerald B. Tjoflat, Stanley Marcus, Charles R.
Wilson, Adelburto Jordan, Edward Carnes, Julie Carnes, Margaret H. Murphy,
Joyce Bihary, Coleman Ray Mullins, M. Regina Thomas, Pat Sinback and others.
III.
It is the conclusion and opinion of IRNewswires and the legal experts and
investigators we retained to review Freedom of Information (FOIA) and hidden
and concealed official court records that a serious, deliberate, and
intentional racially-motivated criminal hate crime was committed against
Atlanta, GA lawyer Mr. Ulysses T. Ware, Esq. by the persons and entities named
in this article.
It is also our opinion the hate crimes were a deliberately and
intentionally and organized criminal conspiracy orchestrated by the DOJ's
United States Attorneys Office for the Southern District of New York (USAO) and
federal judges Pauley, Sand, Sweet, and others; in illegal retaliation against
Mr. Ware for his lawful 2003 refusals to criminally circumvent the 1933
Securities Act's (15 USC 77e(a) and e(c)) Section 5 strict-liability
registration requirements for Section 2(a)(11) statutory underwriters, i.e.,
the plaintiffs named in the civil lawsuit Alpha Capital, AG, et al. v. IVG,
Inc, a/k/a Group Management Corp. (GPMT), et al., case no. 02cv2219 (LBS)
(SDNY). Cf. paragraphs 12 and 13 of the plaintiffs' own 02cv2219 complaint's
binding judicial admissions drafted by government witness in 04cr1224 Kenneth
A. Zitter, Esq; also compare Judge Sand's own unappealed by the plaintiffs 11/25/2002
judicial ruling in 02cv2219 ruling the plaintiffs were in fact Section 2(a)(11)
statutory underwriters of GPMT's 02/02/2001 restricted convertible notes
(government trial exhibits GX 1-4, issued pursuant to paragraph 10.1(iv) of
GX-5, the so-called "subscription agreement" in actuality a null and
void ab initio illegal underwriting agreement).
Judge Pauley, the USPO's employees, the USAO and its employees have no place to
run, and no place to hide and must be, sua sponte, brought up for judicial and
prosecutorial misconduct charges by the chief Circuit Judge Robert A. Katzmann
for their crimes and judicial misconduct frauds committed in the 05cr1115
proceedings; and criminally charged and indicted by the DOJ's Office of
Professional Responsibility. And sua sponte investigated and indicted by a
special grand jury convened by the DOJ's Criminal Division and Division of
Public Corruption for their past and ongoing crimes committed in the Ware
cases.
This case demands that immediate justice be served on the USPO, its employees,
the USAO and its employees, and the federal judges, and others who
participated, directly or indirectly, in any capacity, however small, in what
from a thorough review of the records indisputably proves was a racially-motivated
hate crime to protect the hundred of millions dollars in criminally
generated and the laundering of the ill-gotten profits, revenue, and proceeds
generated by the 18 USC 1951 Hobbs Act extortion conspiracy run by unregistered
broker-dealers Alpha Capital, AG, LH Financial, convicted felon Edward
Grushko, Esq., Barbara R. Mittman, Esq., Ari Rabinowitz, Leonard B. Sand,
Robert W. Sweet; Atlanta, GA court employees and federal judges Thomas W.
Thrash, Jr., Orinda D. Evans, Gerald B. Tjoflat, Stanley Marcus, Charles R.
Wilson, Adelburto Jordan, Edward Carnes, Julie Carnes, Margaret H. Murphy,
Joyce Bihary, Coleman Ray Mullins, M. Regina Thomas, Pat Sinback and others.
