Conspiracy to Conceal and Suppress

Brady Exculpatory Evidence

IIR has uncovered official DOJ and SEC emails that were required to have been disclosed by the Gov’t prosecutors “prior to trial” in 05cr1115 (SDNY). Exhibit 2, infra. Lead prosecutor Southwell, aided and abetted by AUSAs Goldin and Feldman, conspired with Mr. Ware’s retained lawyer, Michael F. Bachner, Esq. and appointed “stand-by counsel” Gary G. Becker, Esq., officers of the court, to commit a fraud on the court, suppress and conceal material Brady exculpatory evidence, and knowingly and willfully in bad faith intentionally commit perjury in open court, twice, May 19, 2006, Tr. 5–10, Dkt.17 and January 5, 2007, Dkt. 44 (05cr1115).

Civil and Criminal Contempt

of Brady Disclosure Orders, Exhibits 1–1 and 3–1, by

AUSAs Southwell, Feldman, Goldin, and Douvas, and Judges Pauley and Sweet as a conspiracy to obstruct justice.

Former AUSA Maria E. Douvas is currently employed by RBC

Douvas knowingly and in bad faith willfully submitted a perjury affidavit to the Court of Appeals (2d Cir.) in United States v. Ware, 09–0851cr (2d Cir. 2010) to cover up, conceal, and suppress, her and the other prosecutors’ civil and criminal contempt of the August 10, 2007, Dkt. 32, Brady Order (Sweet, J.) (04cr1224). See Exhibit 3–1 (Brady Order) and 3–2 (Douvas’ Perjured Affidavit).

Perjured declaration of former AUSA Maria E. Douvas

Exhibit 2–1

Former AUSAs NYCfederal prosecutors Alexander H. Southwell, Steven D. Feldman, and Nicholas S. Goldin

(L-R) AUSAs Feldman, Goldin, and Southwell colluded, conspired, suppressed, and concealed material Brady exculpatory evidence required to have been disclosed to Mr. Ware “prior to trial” in criminal and civil contempt of the May 19, 2006, 2006, Brady Order, Exhibit 1–1, 1–2.

Official DOJ email that the Gov’t prosecutors Southwell, Goldin, and Feldman lied, committed suppressed and concealed the emails to cover up the illegal collusion and conspiracy between the USAO and SEC’s 03–0831 (D. NV) lawyers. Southwell on May 16, 2006, and again on January 5, 2007, lied, committed perjury, committed a fraud on the court, and willfully resisted the May 19, 2006, Brady Order, Exhibit 1–1, supra, and claimed his own official DOJ emails “did not exist ….” See Tr. 5–9, Dkt. 17 (05cr1115) and Dkt. 44 (05cr1115). Civil and criminal contempt of a Brady court order.

Exhibit 2–2

Exhibit 2–3

The Gov’t prosecutors and Judge Sweet knowingly suppressed and concealed the material exculpatory evidence that the “Civil Plaintiffs” named in paragraph 8 of the 1224 indictment had never lawfully registered with FINRA as required by federal law, 15 USC 78o(a)(1), a Brady exculpatory jurisdictional issue. The Civil Plaintiffs” not being lawfully registered as broker-dealers the 02cv2219 (SDNY) and 04cr1224 district courts lacked all Article III and statutory subject matter jurisdiction over the proceedings. The charges against Atlanta, GA lawyer Ulysses T. Ware, Esq. in the 04cr1224 indictment were null and void ab initio.

FINRA May 17, 2021, certification of unregistered broker-dealer status for each 02cv2219 (SDNY) “Civil Plaintiff.”

Exhibit 2–4

AUSAs Goldin and Douvas concealed and suppressed the Brady exculpatory evidence their trial witness, Ari Rabinowitz, was an unregistered broker-dealer as he confessed and admitted from the witness stand at trial under cross-examination by Mr. Ware.

Trial testimony of Gov’t witness Ari Rabinowitz.

Exhibit 2–5

Concealed and suppressed Brady exculpatory evidence by Southwell, Goldin, Feldman, Douvas, Kelley, Garcia, and Pauley.

Official SEC email to 05cr1115 co-defendant Jeremy Jones sent from SEC lawyer Jeffrey B. Norris’ SEC email account that confirmed the SEC’s lawyers believed there was no conspiracy between Mr. Ware and the Gov’t witnesses.

Concealed and suppressed official SEC Brady exculpatory email evidence.

Exhibit 3–2.1

AUSA Douvas knew that she, AUSA Goldin, David N. Kelley, Michael J. Garcia, and Judge Robert W. Sweet had intentionally and in bad faith suppressed and concealed Exhibit 2, supra, in civil and criminal contempt of the 1224 Brady Order, Exhibit 3–1. The Government has never filed any response that confirmed its disclosed all Brady, Giglio, and Rule 16 evidence as required by the Brady Orders.

Perjured declaration of former AUSA (SDNY) Maria E. Douvas to commit fraud on the Court of Appeals.

Financial Engineering Investment Banker