RACIALLY-MOTIVATED HATE CRIMES COMMITTED AGAINST ATLANTA, GA LAWYER ULYSSES T. WARE, ESQ., BY NEW YORK FEDERAL JUDGES AND PROSECUTORS TO COVER UP THE HOBBS ACT MONEY LAUNDERING EXTORTION CONSPIRACY RUN BY GOVERNMENT WITNESS ARI RABINOWITZ, ALPHA CAPITAL, AG, KENNETH A. ZITTER, ESQ., CONVICTED FELON EDWARD M. GRUSHKO, AND OTHERS.

December 28, 2019
New York, NY
IRNewswires
Peter Bonn, JD, PhD, Esq., summa sum laude

1.      Image No. 1 is the sworn testimony of government witness Ari Rabinowitz under brutal and devastating cross examination by Mr. Ware at trial in November 2007 in 04cr1224 (SDNY). Rabinowitz confessed to money laundering and extortion in regard to the publicly-traded company, Cybernaut.  It is a fact that Cybernaut's stock price decreased from about $9.00 to less than $.40 once LH Financial and Rabinowitz became involved with the company. Thus, the obvious question how was it possible for Rabinowitz, LH, and Alpha, et al, to have made a profit when the stock decreased in price? That is possible only if Rabinowitz had a short position in Cybernaut's stock. Which raises the obvious question: Why would a rational bona fide investor invest millions in a company and then immediately short the same company's stock? No rational bona fide investor would invest in a company and then immediately short the same company's stock. Ergo, LH, Rabinowitz, and Alpha, et al., were not bona fide investors; rather they were unregistered broker-dealers intending to conduct unregistered public offering of Cybernaut's restricted shares by circumvention of Section 5 registration requirements. A criminal violation of Section 5(a), 77x, and 78ff.

2.     Image No. 2 is the October 4, 2004 concealed and suppressed official government email between DOJ lawyer, and now an alleged Gibson, Dunn partner Alexander H. Southwell and disgraced former SEC lawyer Jeffrey B. Norris, Esq. (fired by the SEC in 2009 for professional misconduct in regard to Norris's misuse of his government email account). Southwell confessed and admitted in the concealed and suppressed Brady email that Mr. Ware's illegal kidnapping by the U.S. Marshals on September 1, 2004 in Atlanta, GA was in fact "improper." Moreover, Southwell informed Norris not to worry for the USAO was in fact planning to illegal indict Mr. Ware for 18 USC 401(3), criminal contempt, charges for Mr. Ware's refusal to join the Hobbs Act extortion and money laundering conspiracy by issuing bogus and fraudulent Rule 144(k) legal opinions and more than 15 million shares of GPMT's stock to Alpha, et al., admitted 15 USC 77b(a)(11) statutory underwriters; ipso facto ineligible for any exemption from Section 5(a) strict liability registration requirements. See SEC Release 33-7190; Kern, 425 F.3d at 152-54; Berckeley, 455 F.3d at 220.


3.       Image no. 3 is the November 2007 iconic statement of former AUSA Nicholas S. Goldin, Esq., now currently alleged to be a  partner at the New York law firm of Simpson, Thatcher, & Barlett, LLP. In the presence of the 04cr1224 (SDNY) trial jury Goldin made perhaps the most incompetent statement ever made by a federal prosecutors in the federal courts. AUSAs Goldin and Douvas, the government's trial lawyers in 04cr1224 against Mr. Ware was was forced into pro se counsel by his retained Atlanta, GA lawyers Edward T.M. Garland, Esq., Manny Arora, Esq., and David Levitt, Esq., admit they are ignorant of their own trial exhibits in particular paragraph 10.1(iv) of GX-5. Which admission was fatal to the Government's bogus 04cr1224 indictment.  Apparently AUSAs Goldin and Douvas had little to no experience and expertise in advanced securities law, and how the Government's case depended on Goldin and Douvas proving beyond a reasonable doubt that Alpha, et al., were not Section 2(a)(11) statutory underwriters. A legal impossibility given their own binding judicial admissions pleaded at paragraphs 12 and 13 of the 02cv2219 (SDNY) complaint filed by the Government's trial witness Kenneth A. Zitter, Esq. on or about March 20, 2002.

4.     Image no. 4 is the organizational structure of the illegal association in fact, the criminal enterprise run by Southwell and others to rig and fix cases in the New York federal courts in regard to Alpha, et al. interests. Southwell as a federal prosecutor was positioned to take any action necessary to protect the illegal profits, proceeds, property, and participants in the Hobbs Act extortion conspiracy. And Southwell used that position was a federal prosecutor to initiate bogus and fraudulent civil and criminal actions against Mr. Ware to secure the profits and participants of the crimi6.nal enterprise. And Southwell and Gibson, Dunn have both financially benefited from Southwell's frauds and crimes committed while employed by the United States Department of Justice (DOJ).


5.      Image no. 5 is the alleged quote of government 04cr1224 trial witness Kenneth A. Zitter, Esq. made to Mr. Ware in 2003 because Mr. Ware refused to criminally violate the federal securities laws and issue to Zitter bogus and fraudulent Rule 144(k) to enable an illegal unregistered public offering of GPMT's restricted stock, GX 1-4.  Atlanta, GA court records and Doc. #88 (2219) (Sand, J.) Order confirmed that Mr. Ware appeared before Atlanta, GA federal Judge Thomas W. Thrash, Jr twince in regard to 2219. First on September 1, 2004 (bail in the amount of $250,000 was illegally imposed on Mr. Ware by Thrash); and again on September 9, 2004 (where Zitter appeared before the court via conference without first being admitted to the Court according to District Clerk James N. Hatten).
       Judge Sand ruled on his September 28, 2004 order, Doc. 88, that Thrash and the Marshals both  had lacked jurisdiction and authority to have entered Mr. Ware's law office in Atlanta, GA with guns drawn threatening to kill Mr. Ware unless Mr. Ware issued the bogus and fraudulent Rule 144(k) legal opinions; and Thrash lacked authority and jurisdiction to have imposed any bail or detained Mr. Ware on September 1, 2004.


6.     On or about November 17, 2004 the USAO (David N. Kelley, et al.), cf., Southwell's email to Norris, Image no. 2, infra, conspired with Zitter, Sand, Thrash, the U.S. Marshals, and Alpha, et al., and fraudulently appeared before a federal grand jury while lacking all statutory standing, 28 USC 547(2), in regard to probable cause to alleged that Mr. Ware had committed a criminal contempt offense, 18 USC 401(3), in regard to not issuing bogus and fraudulent Rule 144(k) legal opinions to the 2219 plaintiffs, Alpha, et al., judicially admitted (see paragraphs 12 and 13 of the 2219 complaint; and also see paragraph 10.1(iv) of GX-5); and ruled (cf., Sand's comedic November 25, 2002 Memorandum and Opinion, Doc. #50 (2219)).  It is indisputable that Kelley, et al., deliberately and intentionally materially misled, lied, committed perjury, and fraud before a federal grand jury to have the grand jury return null and void ab initio 04cr1224 indictment alleging three counts of 18 USC 401(3) criminal contempt against Mr. Ware. When Circuit precedent, Kern, Id., ,and the applicable federal laws, SEC Release 33-7190, Rule 144(a), (k), Section 5(a), Section 4(1), and Section 16(b) all prohibited the issuance of Rule 144(k) legal opinions to Section 2(a)(11) statutory underwriters. Cf., also SEC v. Cavanagh, 155 F.3d 129 (1998) (same).

Conclusion:

The records in the federal courts which had previously been concealed and suppressed have now been revealed thanks to unknown persons working within the prosecutor's office and the Clerks' offices who supplied IRNewswires with complete copies of the the Government's trial exhibits and all transcripts of the 02cv2219, 04cr1224, and 05cr1115 (SDNY) proceedings.  The criminals have mounted a concerted effort with news media, alleged independent New York print publications, and with New York law firms, SEC and DOJ former and current officials to cover up the crimes committed in the Ware Cases; and to protect the participants who committed the crimes. However, we have received more than $500,000 in funds to continue to investigate and report on this and several other judicial and prosecutorial frauds committed by New York federal judges and prosecutors.

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Criminal Corruption and Money Laundering in the New York Federal Courts and Prosecutor's Office.

December 28, 2019

New York, NY

Peter Bonn, JD, PhD, Esq., summa cum laude,  Assoc. Managing Editor 

Alan Reitman, JD, PhD, Esq., Legal Investigative Reporter 

John Smith, Public Corruption Investigator 

Harold Morey, Executive Editor 

THE FRAMING OF ATLANTA LAWYER ULYSSES T. WARE, ESQ. BY NEW YORK FEDERAL JUDGES AND PROSECUTORS AS A RACIALLY-MOTIVATED HATE CRIME.

RE: Part I of Special Investigation Report of New York former federal prosecutors and judges revealed an ongoing pattern of racketeering criminal activity since 2002 continuing to the present committed by Alexander H Southwell, Nicholas S. Goldin, Maria E. Douvas, Sarah E. Paul, Steven D. Feldman, Steven R. Peiken, Katherine Polk Failla, David N. Kelley, Michael J. Garcia, Preet Bharara, Andrew F. Fish, FBI special agent David Makol,FBI analyst Maria Font, and others.

1.   Our lawyers have cleared the release of  Part I of our Special Investigation Report of alleged judicial and prosecutorial corruption and collusion ongoing in the New York federal courts and prosecutors' offices. What we found is truly shocking and untenable. Our investigation centered on Alpha Capital AG, Alexander  H Southwell, David N Kelley, Michael J Garcia, and Preet Bharara, and their  nefarious and tangled incestuous relationship with the federal courts and prosecutors in New York. 

2.   We found that the New York USAO and federal judges knowingly and intentionally fabricated, falsified, and manufactured material information and presented the same to federal grand juries and trial juries to have Atlanta, GA securities lawyer Ulysses T Ware, Esq., fraudulently indicted, arrested, prosecuted, convicted, and falsely imprisoned for 11.5 years simply because Mr. Ware refused to join the Alpha Capital AG criminal extortion and money laundering conspiracy and issue bogus and fraudulent Rule 144(k) legal opinions to Kenneth A. Zitter's clients, Section 2(a)(11) statutory underwriters ineligible for Rule 144(k). That is the reason the Report found was why Mr. Ware was framed by caucasian federal judges and prosecutors in New York,  and elsewhere in what we believe,  and what the evidence  suggests was a racially-motivated hate crime persecution.

3. Our investigation found that Alpha Capital AG, the plaintiffs in 02cv2219 SDNY, LH Financial, Ari Rabinowitz, Kenneth A. Zitter, Esq., convicted felon Edward Grushko, Esq., and others have never registered with FINRA and the SEC as lawful broker-dealers; and thus since at least 2002 have criminally violated the federal securities laws by not being registered. A very simple fact to verify. Thus, how is it that the FBI, SEC, and New York federal prosecutors cannot verify the status of Alpha, et al., and prosecute the criminal violation of the law? We sought to find out what is really going on in the New York judicial system. What we found is a cesspool of corruption, bribery, perjury, kidnapping, obstruction of justice, kickbacks, gifts, favors, political appointments, money laundering, bank frauds, grand jury fraud conspiracy, bankruptcy frauds, and racketeering to obstruct justice regarding Alpha Capital's ill-gotten profits and proceeds extorted according to government witness Ari Rabinowitz "a good few hundred" small publicly traded companies. That is what we found.

4.   The Report found numerous instances of blatant  and unbelievable prosecutor and judicial incompetent. For example AUSAs Goldin and Douvas who handled the 04cr1224 SDNY trial for the Government in our opinion are perhaps the most incompetent federal prosecutors of all time. Goldin and Douvas according to the evidence knew nothing at all about advanced federal securities laws; and amazingly knew nothing regarding their own trial exhibits, in particular paragraph 10.1(iv) of GX-5 which doomed and sealed the Government's fate at the grand jury and 04cr1224 trial.

5.  Equally incompetent is the 05cr1115 trial team of AUSAs Southwell and Feldman, joined by the judicial incompetence of District Judge William H. Pauley, III,  and Circuit Judges Amalya L. Kearse, Robert D. Sack, and Peter W. Hall. Judicial and prosecutorial incompetence on an unprecedented level was on full public display at trial and appeal in the 05cr1115 SDNY case. The Government's case was hopelessly doomed from the start given the SEC's July 14, 2003 binding judicial admissions pleaded at paragraph 33 of the comedic DOJ-SEC 03-0831 D. NV unsigned complaint.

6.     In a startling example of government buffoonery and incompetence the United States lawyers pleaded themselves out of the federal courts on July 14, 2003 in regard to the press releases of INZS and SVSY. Apparently unknowingly the Government conceded at paragraph 33 the press releases were in fact  inactionable immaterial statements rather than material facts. Which was fatal to the frivolous Las Vegas and New York 05cr1115 SDNY cases. The 05cr1115 arrest warrants and indictment were dead on arrival. Only the combined efforts of extreme judicial and prosecutorial corruption and misconduct permitted the cases to go forward with devastating consequences for Mr. Ware.

7.   Perhaps the epitome of judicial and prosecutorial incompetence are the proceedings surrounding the Government's forfeited cross-appeal in U.S. v. Ware, 07-5670 (XAP) (2d Cir.), Gov.-I. The evidence showed that on November 7, 2008 the United States Attorney General declined to give permission pursuant to 18 USC 3742(b) for the New York USAO lawyers, AUSAs Feldman, Fish, and Garcia, to file a Government appeal brief in 07-5670.  Which was fatal to the 05cr1115 SDNY case. It was prosecutorial check mate. The USAG rightly terminated the bogus and fraudulent 05cr1115 proceedings by exercising his exclusive Article II appellate political decision making authority. The 05cr1115 proceedings died a horrible death on November 7, 2008 by ipso facto affirming Judge Pauley's Jabberwocky October 2007 post trial Rule 29 acquittal verdicts, S. Tr. 31, 35-36, and 73-76 entered in favor of Mr. Ware. 

8.        It appears from the evidence that in October 2007 Mr. Ware's brilliant legal arguments and strategies so confused Judge Pauley and AUSA Steven D. Feldman in the post trial Rule 29 proceedings they in fact contradicted themselves; and in effect legally acquitted Mr. Ware in the courtroom on October 12, 2007 by Mr. Ware's  genius in persuading Judge Pauley to schedule a Fatico evidentiary hearing on elements of the Government's TRIAL proof after the trial jury had been dismissed on April 30, 2007. See Doc. 99, S. Tr. 31 L 18-25; S. Tr. 35-36 for Mr. Ware's genius and strategic brilliance as a pro se lawyer. 

9.    The brilliance and genius of Mr. Ware's strategy lies in the fact that only the TRIAL JURY is authorized by the Due Process Clause to convict Mr. Ware beyond a reasonable doubt on a Government trial element of proof. In this case the Government was required to prove the materiality of INZS and SVSY's press releases to the TRIAL JURY beyond a reasonable doubt before Judge Pauley discharged the trial jury on April 30, 2007.  Judge Pauley on October 12, 2007 ruled in Mr. Ware's favor the Government did not carry its burden of proof before the trial jury and oxymoronicly scheduled the October  26, 2007 Fatico evidentiary hearing.  See, Doc. 99 (1115) S. Tr. 31 L 18-25, S. Tr. 35-36,  and S. Tr. 73-76 for Judge Pauley's rulings in favor of Mr. Ware, blowing up the Government's case. Once Judge Pauley discharged the trial jury on April 30, 2007, the Government was doomed, the case was over.

10.    The trial record showed that on October 12, 2007,  S. Tr. 31 L 18-25, Judge Pauley agreed in whole with Mr. Ware's brilliant arguments and rejected the foolish arguments of AUSA Steven D. Feldman and scheduled the Fatico evidentiary hearing for October 26, 2007; and ruled in favor of Mr. Ware the  Government's trial proof was insufficient "on among other things, the efficiency of the market [for INZS and SVSY's securities]."  Which acquitted Mr. Ware, ipso facto,   by necessary implication, on the Government's  trial element (materiality) of proof. However, referring back to paragraph 33 in the July 14, 2003 unsigned United States 03-0831 D. NV complaint, the Government in 05cr1115 SDNY were judicially bound by the judicial admissions pleaded on its behalf. The July 14, 2003 pleading's paragraph 33 check mated the United States and Judge Pauley in 05cr1115 SDNY.

This is a partial summary of the Report approved by our lawyers for release. The level of judicial and 

prosecutorial incompetence is astonishing.