The official record in 02cv2219 (SDNY) civil lawsuit is not subject to dispute: District Judge Leonard B. Sand (deceased) on the plaintiffs' lawyer, Kenneth A. Zitter, Esq., ex parte, unnoticed Rule 41(a)(2) application, granted the application, after the statute of limitation had run on all claims, and on 12/20/2007 entered the Rule 41(a)(2) superseding final judgment in favor of the defendants Ulysses T. Ware, GPMT, and the Landers.
The legal prevailing parties authorized by Fed. R. Crim. Proc. 42(a)(1) to seek enforcement of the Rule 41(a)(2) final judgment to the 18 USC 401(3) criminal contempt statute, and Fed. R. Crim. P. Rule 42(a)(1) against the U.S. Probation Office (SDNY) and its employees, the U.S. Attorneys Office (SDNY), and any person or entities aided or abetted the civil and criminal contempt of Judge Sand's final judgment. Cf., Chief District Judge Colleen McMahon's May 2019 ultra vires and fabricated order entered in 02cv2219 (SDNY) "in the clear absence of all jurisdiction" over the proceedings. Entered by Judge McMahon to criminally obstruct, delay, and impede Mr. Ware's, GPMT's, and the Landers' indisputable legal rights under Rule 42(a)(1) to seek criminal and civil contempt sanctions against the Bureau of Prisons, the USPO, the USAO, the Geo Group, Inc., Kristila Brace, George Zoley, Nicholas S. Goldin, Maria E. Douvas, Sarah E. Paul, Michael J. Garcia, Preet Bharara, Katherine Polk-Failla, Joon H. Kim, and the estates of Judges Sand and Sweet for hundreds of millions of dollars.
Judge Sand clearly dismissed the case on December 20, 2007, that is not disputable. I researched Rule 41 and this is correct. The case was dismissed with prejudice on December 20, 2007. The U.S. Attorneys Office has a very real problem. There is question they are liable for this. The Government's lawyers who filed the appeal brief for the Government are in big trouble. The Second Circuit had no choice but to reverse and vacate the conviction and sentence of Mr. Ware. Else they all face indictment and prosecution. That is the law.
ReplyDeleteYou are absolutely correct. The 02cv2219, and ipso facto 04cr1224 SDNY proceedings were both mooted by District Judge Sand on 12/20/2007. That is the law. A.B. Dick Co, v Mart, 197 F.2d 498, 501-02 (2d Cir. 1952).
DeleteWhy has the DOJ not indicted and prosecuted Sarah E. Paul, Maria E. Douvas, Katherine Polk-Failla, and Preet Bharara for conspiracy to obstruct justice for filing a counterfeit government appeal brief?
ReplyDeleteIt appears based on your reporting that the DOJ conspired with the SEC to fabricate two fake indictments against Mr. Ware. I looked at the SEC's 03-0831 D. NV complaint's paragraph #33, and your reporting is correct. The SEC pleaded itself and the DOJ out of the federal courts on July 14, 2003. That is the law. And from my personal research that event abrogated all probable cause to have Mr. Ware arrested or indicted for any securities fraud offenses. It is mindblowing and unbelievable that Judge Pauley allowed himself to become involved in this conspiracy. Ultimately Judge Pauley will be impeached and indicted. Which is exactly what he deserves.
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