IRNewswires Special Reports:

Criminal Prosecutorial Corruption

U.S. Attorney (SDNY) Damian Williams asleep.

U.S. Attorney (SDNY) Damian Williams and U.S. Attorney General Merrick
Garland are facing an existential crisis: the deliberate and intentional
suppression and concealment of Brady and Giglio USSG 5k and Rule 11 perjury
contracts.

IRNewswires Public Corruption Investigations

January 6, 2021
London, UK
Meredith Kammler, Esq., LLB, LLM, Ph.D., Int’l Investigative Reporter
Alan Reitman, Esq., JD, Ph.D., summa cum laude, Managing Investigative Reporter

The Plan that lacked all planning.

IRN’s lawyers and investigators have obtained a copy of Ulysses T. Ware’s
January 5, 2022, letter addressed to NYC lawyer Marlon G. Kirton, Esq. Kirton was
assigned pursuant to the Criminal Justice Act to represent Jeremy Jones in United States

Page 1 of 14
January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
v. Ware and Jones, 05cr1115 (SDNY) (Pauley, J.) in 2005. Court records obtained by IRN
confirmed that Kirton was paid by the CJA for his purported representation of Jones.
Moreover, court records suggested and individuals within the Office of the
District Clerk (SDNY) confirmed and spoke to IRN under the conditions of
confidentiality, and stated,

“ … Kirton has to be the most incompetent lawyer practicing in the Courts …

it was clear that Jones was not guilty of any crime, but Kirton arranged for Jones
to plead guilty in my opinion for a pay-off by the Government. Else why would
any competent lawyer allow their client to plead guilty to a crime they didn’t commit?
Go figure.” (emphasis in original).

More puzzling still is the perplexing conundrum that none of the required official
judicial court records pertaining to Jones’ alleged Rule 11 plea proceedings have been
docketed in the records of the Court. Missing and unaccounted for are Jones’ alleged
Rule 11 plea (perjury) contract, a copy of Jones’ September 15, 2006, USSG 5k perjury

Page 2 of 14
January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
contract, and a copy of the Government’s 2008 USSG 5k letter submitted to the District
Judge Williams H. Pauley, III (deceased) requesting a downward departure of Jones’
sentence in 2008 -- for knowingly and deliberately committing perjury suborned by the
Government’s lawyers, federal prosecutors Alexander H. Southwell, Steven D.
Feldman, Michael J. Garcia, and others --conveniently after Mr. Ware had been
falsely incarcerated on November 27, 2007.

However, the most troubling aspect of the entire conspiracy to obstruct justice
is the indisputable fact that former District Judge Pauley and the Government’s lawyers
arranged, designed, orchestrated, and executed an illegal proceeding conducted in
violation of the First Amendment right of access, Fed. R. Crim. P. Rule 55 record-
keeping requirements, Mr. Ware’s right to due process of law as a party to the
proceedings, and an egregious and willful violation of the Court’s Brady Court Order.

District Judge Pauley, Magistrate Judge Michael H. Dolinger, Government

prosecutors Alexander H. Southwell, Michael J. Garcia and Jones’ lawyer Marlon G.
Kirton, Esq., all officers of the court subject to the District Court’s Codes of
Professional Conduct, Local Rule (USDC-SDNY) Rule 1.5(b)(5), all agreed, acted in
concert and conspired to obstruct justice, perpetrate a fraud on the court, the public
and Mr. Ware by deliberately, intentionally, and in bad faith suppressing and concealing
from the trial jury during Mr. Ware’s trial, that Jones had been paid off and bribed by
the Government to knowingly and willfully lie and commit perjury on the witness stand
suborned by the Government’s lawyers and District Judge Pauley. That assertion has
never been denied or opposed by the Government’s lawyers in any proceeding.

IRN’s lawyers have researched the applicable disciplinary rules of the District
Court and the Court of Appeals. The rules require that the Chief District Judge
(SDNY) Laura Taylor-Swain and Chief Circuit Judge (2d Cir.) Debra A.
Livingston both launch investigations into Jones’ Rule 11 proceedings, the record
keeping process and procedures utilized by the District Clerk as required by Rule 55,
and the First Amendment. According to sources within the Circuit Clerk’s Office there
has been no investigation or inquiry regarding the egregious violations by Judge Pauley,
the Government’s lawyers and Kirton’s perfidy and conspiracy to suppress and cover-
up the fact that Jeremy Jones cooperated with the Government and was paid-off in
excess of $700k in debt forgiveness, clearly a factor that contaminated and biased Mr.
Ware’s right to due process of law.

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January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
 IRN will report on any actions taken by the Court in regard to exposing the
crimes committed by those involved in the conspiracy to obstruct justice.

IRNewswires copyright © 2022. All rights reserved

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January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
 Office of Ulysses T. Ware
123 Linden Blvd.
Suite 9-L
Brooklyn, NY 11226
(718) 844-1260
Utware007@gmail.com

January 5, 2022

Personal and confidential

Law office of Marlon G. Kirton, Esq.

230 Park Ave.
Ste 1000
New York, NY 10169

RE: Demand to immediately disclose all Brady, Giglio, Rule 11 plea agreements, USSG 5K
documents, and all communications between the USAO (SDNY) in United States v. Ware and
Jones, 05cr1115 (SDNY).

Mr. Kirton:

Please be advised that private investigators employed by Ulysses T. Ware have recently
uncovered deliberately and intentionally suppressed and concealed Brady and Giglio
impeachment evidence that was required to have been disclosed according to the Court’s
(Pauley, J.) May 19, 2006, Dkt. 17, Tr. 5-6, written Brady disclosure order, (the “Brady Court
Order”) entered in United States v. Ware and Jones, 05cr1115 (SDNY).

The newly discovered Brady and Giglio evidence were deliberately and intentionally
concealed and suppressed in willful resistance to the Brady Court Order, criminal contempt of a

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January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
court order, 18 USC 401(3), by Marlon. G. Kirton, AUSAs Alexander H. Southwell, Steven D.
Feldman, Andrew L. Fish, Maria E. Douvas, their supervisors, Michael J. Garcia, Preet Bharara,
Judge Michael Dolinger, Jeffrey Berman, Joon Kim, Damian Williams, Audrey Strauss, Melissa
Childs, John M. McEnany, Merrick Garland, Lisa Monaco, Vanita Gupta, Jeffrey R. Ragsdale,
District Judges Williams H. Pauley, III (deceased), Edgardo Ramos, and others.

Mr. Kirton, court records confirmed that you represented the co-defendant, Jeremy
Jones, in 05cr1115, pursuant to your appointment as Sixth Amendment counsel under the
Criminal Justice Act; and accordingly, you appeared before the District Court (SDNY), and
therefore are within the scope of Local Rule 1.5(b)(5) regarding your professional conduct as
attorney of records for your client the Government’s “principal witness,”1 Jeremy Jones.

Moreover, newly discovered court records show conclusively, your letter dated April 30,
20082, that Jones fully cooperated with the Government as a trial witness, and was awarded a
USSG 5K letter3 in support of a downward departure regarding his sentence for that illegal
cooperation, i.e., an agreement to knowingly commit perjury, lie, and fabricate trial testimony in

1
Jeremy Jones was designated by Circuit Judge Kearse in the Court’s August 19, 2009, opinion
reported at United States v. Ware, 577 F.3d 440, 445-46 (2d Cir. 2009): “Ware's first trial began
on January 15, 2007. The government's principal witness was Jones, who described his
participation in Ware's securities fraud scheme and authenticated numerous exhibits for
admission into evidence. (See, e.g., Transcript of First Trial at 198-202, 214-15.)” (emphasis
added).

2 See Exhibit 1, infra.

3Indisputable Giglio impeachment evidence required to have been disclosed by the Government
pre-trial pursuant to the Brady Court Order, Dkt. 17, Tr. 5-6 (Pauley, J.), 05cr1115 (SDNY). Cf.,
Jones, Rule 11 allocution transcript, Brady exculpatory evidence, which has never been disclosed
by the Government; see also Jones’ USSG 5k letter that has never been disclosed by the
Government’s lawyers in criminal contempt of the Brady Court Order.

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January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
05cr1115. Of which you, Marlon G. Kirton, Esq., an officer of the court, aided, abetted, arranged,
orchestrated, and facilitated the illegal, null and void ab initio, unenforceable Rule 11 plea
(perjury) contract and 5k letter from the Government in willful violation of Local Rule (USDC
SDNY) 1.5(b)(5), and a complete ineffective assistance of counsel in violation of the Sixth
Amendment.
Moreover, court records also conclusively show, your letter dated December 20, 2005,4
that you contacted former SEC lawyer Jeffrey B. Norris regarding Jones alleged involvement in
the alleged conspiracy charged in the 05cr1115 indictment; and according to your letter, Jones
was not added as a defendant in the SEC’s Las Vegas litigation, 03-0831 (D. NV). Furthermore,
the newly discovered SEC Brady emails that were deliberately, willfully, and in bad faith
suppressed and concealed by the USAO, confirmed Jones was not added to the SEC’s Law Vegas
litigation because according to former SEC lawyer Jeffrey B. Norris,

“ … the Commission believed your deposition testimony that you [Jones] was not involved
in any conspiracy with Mr. Ware and would not have been involved had you [Jones and
Mr. Ware’s employees] known of the [alleged] conspiracy ….” (emphasis added).

Mr. Kirton, the evidence shows conclusively that you, the SEC, and the Government, all
were aware that Jones was not involved in any conspiracy because there was no conspiracy; yet
you and the Government’s lawyers, and District Judge Pauley agreed, acted in concert, knowingly
and willfully arranged, orchestrated, and facilitated Jones’ Rule 11 unethical and completely
illegal plea contract to knowingly commit perjury and plead guilty to a conspiracy to “artificially
inflate”5 the securities of INZS and SVSY that you knew Jones was not involved or participated in.

4See Exhibit 2, infra: Kirton’s letter addressed to District Judge William H. Pauley, III (deceased)
and copied to AUSA Alexander H. Southwell (SDNY).

5See para. 33 in the SEC’s 03-0831 (D. NV) litigation’s complaint, which was unsigned by an
admitted SEC lawyer in the District Court (D. NV) complaint when submitted for filing on July 14,

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January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
 An indisputable fraud on the court and conspiracy to obstruct justice.
Mr. Kirton, given as a matter of law and fact, ipso facto, predicated on paragraph 33 in
the United States 03-0831 (D. NV) July 14, 2003, unsigned complaint, filed in violation of Fed. R.
Civ. P 11(a), a binding judicial admission and confession, judicial and equitable estoppel on the
United States and its privies in 05cr1115 and 04cr1224 (SDNY), pursuant to your ethical and
fiduciary duties to your client Jeremy Jones and the Court, you are required to immediately notify
Mr. Jones and the District Court (SDNY) that the illegal, unethical, and unenforceable 2006 Rule
11 plea agreement is null and void ab initio, all proceedings in 05cr1115 (SDNY) are null and void
ab initio and moot, Mr. Jones as a matter of law is actually and factually innocent of all charges
in 05cr1115, the 05cr1115 indictment is required to be dismissed with prejudice, all charges
dropped and Mr. Jones is to be refunded all fines and assessments.
Mr. Kirton, that is your ethical and fiduciary duty under the Rules of the State Bar of New
York, the District Court (SDNY), and the ABA Rules of Professional Conduct.
Mr. Kirton, given that you have a fiduciary duty to your client and an ethical duty of complete
candor to the Court, as an officer of the court, to immediately, not later than 12:00 noon on
January 12, 2022, to come forth and present the newly discovered Brady and Giglio exculpatory
evidence that exonerates your client Jeremy Jones of all charges in 05cr1115 (SDNY); move to
vacate and set aside Jones’ guilty verdict, sentence, fines, and assessment, and have his record

2003. On or before July 14, 2003, the unsigned complaint’s submission date to the District Court
in violation of Fed. R. Civ. P. 11(a), the United States, the real party in interest in both 03-0831 (D.
NV) and 05cr1115 (SDNY), via the SEC, its legal counsel, publicly judicially admitted and confessed
that “the alleged press releases [the same subject matter in 03-0831 and 05cr1115] issued by
INZS and SVSY did not increase the stocks’ prices.” (paraphrased) (emphasis added). A binding
judicial admission and confession by the United States and its privies, the real party in interest,
judicial and equitable estoppel in 05cr1115 (SDNY) and 04cr1224 (SDNY), that ipso facto, as a
matter of law and fact annulled and abrogated all probable cause to arrest or indict Mr. Ware
or Jones, your client, in 05cr1115. Accordingly, as a matter of law the District Court (Pauley, J.)
and the Magistrate Court (Dolinger, J.) both lacked 18 USC 3231 and Article III subject matter
jurisdiction to have conducted any lawful judicial proceedings and accepted Jones null and void
ab initio bogus and fraudulent Rule 11 plea (perjury) contract. Both Mr. Ware and Jeremy Jones
as a matter of law are actually and factually innocent of all charges in 05cr1115 (SDNY).

Page 8 of 14
January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
expunged of all arrests and charges, unless Mr. Ware is served with a copy of your motion to
vacate and set aside Jones’ bogus, null and void ab initio Rule 11 illegal plea contract, conviction,
and sentence, then Mr. Ware will file all necessary pleadings with the State Bar of New York
disciplinary authorities, the District Court’s Committee on Professional Conduct, the Court of
Appeals Committee on Professional Conduct, and the Supreme Court of the United States
Committee on Professional Conduct to have you stripped, suspended, and ultimately disbarred
from the practice of law for your knowing and intentional fraudulent, illegal, criminal, and
unethical professional misconduct in the proceedings in United States v. Ware and Jeremy Jones,
05cr1115 (SDNY).
Govern yourself accordingly.

Sincerely,
/s/ Ulysses T. Ware
January 5, 2022
Cc: Law Office of Marlon G. Kirton, Esq.
175 Fulton Ave.
#209
Hampstead, NY 11550

Via email to:

The Hon. Laura Taylor-Swain
Chief District Court Judge (SDNY)
U.S. Courthouse
500 Pearl St.
New York, NY 10007

Via U.S. Mail:

The Hon. Debra A. Livingston
Chief Circuit Judge
U.S. Court of Appeals for the Second Circuit
40 Foley Sq.
Thurgood Marshall Courthouse
New York, NY 10007

Page 9 of 14
January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
 Via email to:
U.S. Department of Justice
Mr. Damian Williams
Mr. Merrick Garland via Jeffrey R. Ragsdale

Page 10 of 14
January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
 Exhibits

Page 11 of 14
January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
 Exhibit 1

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RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
 Exhibit 2

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RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.
Page 14 of 14
January 6, 2022
RE: Ulysses T. Ware’s 2022 Innocence and Exoneration Project.