The Downfall of AUSA Alexander H. Southwell: An enigma, a conundrum, a fool. A cautionary tale of hubris, avarice, and perfidy.
“And Brutus and Cassius were honorable men.”
IRNewswires Public Corruption Investigations Group
Meredith Kammler, LLB, LLM, Ph.D., Int’l Investigative Reporter
November 17, 2021
London, UK
The Autopsy of a DOJ Perjury Conspiracy.
IRN’s lawyers and investigators have uncovered the U.S . Dept. of Justice’s “principal witness” Jeremy Jones, secret, suppressed, and concealed purported Rule 11 plea transcript dated October 17, 2006, Dkt 24. Jones’ alleged Rule 11 plea purportedly was entered in secret on September 22, 2006, before Magistrate Judge Michael H. Dolinger in the U.S. District Court (SDNY), U.S. Attorney (SDNY) Michael J. Garcia Garcia (approved the illegal and fraudulent Rule 11 plea and USSG 5k cooperation agreement’s terms and benefits), AUSA Alexander H. Southwell (the ringleader of the conspiracy), and Jones’ lawyer Martin G. Kirton, Esq., (a government agent and a facilitator).
According to the transcript, Dkt 23, the trial judge William H. Pauley covertly arranged the secret Rule 11 plea proceeding, III (deceased).[1] The U.S. DOJ had previously testified to under oath before the U.S. SEC that he was “unaware [palpably if Jones and Mr. Ware’s employees were unaware of any conspiracy they as a matter of law and fact could not be guilty of knowingly entering and participating in an unknown conspiracy] of any conspiracy … and had he been aware he would not have taken part in the alleged conspiracy ….” with financial benefits and a promise that Jones would not be prosecuted and serve any prison time if Jones lied, committed perjury, and provided known to be false and misleading testimony as a government witness during the trial of Mr. Ware.
Notably, the SEC’s lawyers that participated in the SEC’s Las Vegas civil litigation, SEC v. Small Cap Research Group, Inc., case no. 03–0831 (D. NV) (Dawson, J.), actually believed Jones’ sworn deposition testimony that “ … he and Mr. Ware’s employees were unaware of any conspiracy, and would not have gotten involved had they been aware ….” (paraphrased) (emphasis added). Clearly, Jones’ SEC deposition testimony contradicted Jones’ allocution in the Rule 11 plea that he was knowingly involved in a conspiracy to “inflate stock prices.” However, Jones did not name the person or persons that he participated in the alleged conspiracy to “artificially inflate” stock “prices.” Why didn’t Jones name Mr. Ware if he was actually and knowingly involved in a conspiracy with Mr. Ware?
According to persons familiar with Jones’ bogus Rule 11 proceedings who spoke to IRN’s lawyers under a strict confidentiality agreement, IRN was informed that AUSA Southwell and District Judge Pauley arranged for the SEC and District Judge Kent J. Dawson (D. NV) to enter a default in the SEC’s Las Vegas litigation as the illegal means to pressure Mr. Ware to also enter a plea of guilty to the fabricated charges in the 05cr1115 indictment. IRN’s lawyers were also informed that Mr. Ware’s retained lawyers Edward T.M. Garland, Manny Arora, David Levitt, Donald F. Samuel, and Michael F. Bachner, also colluded and conspired with AUSAs Southwell and Nicholas S. Goldin and pressured Mr. Ware to plead guilty on the bogus and fabricated charges in 04cr1224 (SDNY) and 05cr1115 (SDNY).
AUSA Southwell arranged, facilitated, and conspired with Marlon G. Kirton, Esq. to have Jeremy Jones knowingly lie, commit perjury, and give known false and misleading testimony at the Rule 11 allocution and at trial.
What is most troubling and cannot be rationally explained regarding Jones’ alleged Rule 11 guilty plea is that everything that Jones allocuted to was contradicted and impeached, Brady exculpatory and Giglio impeachment evidence, by the SEC’s lawyers (Norris, Hannan, Webster, Martin, and Korotash) involved in the Las Vegas litigation. IRN’s investigators have learned that Mr. Ware intended to subpoena and compel the SEC’s lawyers involved in the Las Vegas litigation and the trial judge Kent J. Dawson as Sixth Amendment witnesses to give Brady exculpatory evidence but was prohibited by District Judge Pauley’s January 5, 2007, order, Dkt. 35, “ … from calling any SEC employee as a Brady exculpatory and Giglio impeachment witness to give testimony that impeached and contradicted Southwell’s bought perjury and misleading testimony orchestrated and paid for by secret “nonprosecution and cooperation agreements” provided to Mr. Ware’s employees. (paraphrased). (emphasis added).
As an example the SEC lawyers involved in the Las Vegas litigation all agreed that (i) Jones and Mr. Ware’s employees were not involved in any conspiracy and did not add Jones or Mr. Ware’s employees to the Las Vegas complaint; and (ii) they also pleaded and stated in their 03–0831 complaint at paragraph 33 “ … the press releases [of INZS and SVSY at issue in the civil and the 05cr1115 criminal proceedings] did not have the intended effect of increasing the stock’s price.” Indisputable Brady exculpatory and Giglio impeachment evidence that Mr. Ware had a Sixth Amendment constitutional rights to present to the jury.
The deliberate and intentional exclusion of obvious Brady exculpatory and Giglio impeachment evidence from the trial by Judge Williams H. Pauley, III (deceased) that was clearly favorable to Mr. Ware, evidence that completely undermined and devastated the DOJ’s trial theory raises very troubling questions regarding District Judge William H. Pauley’s fidelity, integrity, credibility, prejudice, and bias exhibited against Mr. Ware’s legal interests; and furthermore, raises the very serious issue whether or not the U.S. DOJ specifically racially profiled and intentionally targeted Mr. Ware as a racially-motivated hate crime political retaliatory vendetta?
The evidence uncovered by IRN’s lawyers and investigators clearly establishes a nefarious illegal plot and scheme to violate Mr. Ware’s constitutional rights viciously and egregiously to a fair trial, the effective assistance of counsel, an impartial and unbiased judicial officer, and the disclosure of favorable and impeachment evidence. None of those constitutional safeguards were complied with, and all were perfidiously violated by the DOJ’s prosecutors and the federal judges involved in the Law Vegas litigation and involved in the New York 05cr1115 (SDNY) and related appeals.
According to official court documents, Jones was advised to enter into the illegal agreement by his court-appointed Criminal Justice Act (CJA) lawyer Marlon G. Kirton, Esq., an officer of the court, and a direct participant in the conspiracy to obstruct justice, witness tampering, and to commit a fraud on a United States federal court.
Very serious federal offenses that if prosecuted and convicted Kirton, Southwell, Feldman, Fish, Douvas, Goldin, Strauss, McEnany, Childs, Williams, Joon Kim, Preet Bharara, Garcia, Jones, Edward T.M. Garland, Esq., Michael F. Bachner, Esq., Gary G. Becker, Esq., Manny Arora, Esq., Donald F. Samuel, Esq. David Levitt, Esq., employees of the State Bar of Georgia’s Office of the General Counsel,[2] and others could face a sentence of 360 months to a life sentence in federal prison for kidnapping, conspiracy to kidnap, racketeering to kidnap, money laundering, conspiracy to obstruct justice, witness tampering, bribery, perjury, grand jury fraud, bankruptcy fraud[3] conspiracy, and other felony offenses.
IRN has also learned that Jones’ court-appointed lawyer Marlon G. Kirton’s compensation was approved under the CJA by the trial judge William H. Pauley, III, a form of bribery or kickback, a federal criminal offense. Kirton was compensated, bribed, for arranging and encouraging his client Jeremy Jones to join the conspiracy as a co-conspirator and knowingly commit perjury on behalf of the United States government. A very sorry state of affairs in the Manhattan federal courts and prosecutor’s office, then led by Michael J. Garcia, who approved the illegal and unethical contract with Jones and Kirton.
IRN is calling on the U.S. Attorney General Merrick Garland, as is necessary to assure that those responsible for the crimes committed against the American people and the rule of law are held accountable. Mr. Garland has repeatedly stated on the record that the US DOJ “will follow the facts and apply the law.” The facts lead directly to Mr. Garland’s door at DOJ headquarters in Washington, D.C. The only remaining question is whether or not Mr. Garland has the required executive leadership character in his DNA to actually do what he says he will do? That is the question that Merrick Garland will have to answer, or he likely will be held accountable for the crimes committed by the DOJ’s USAO (SDNY) prosecutors and rogue, racist, prejudiced, and incompetent federal judges William H. Pauley, III, Robert W. Sweet, Leonard B. Sand, Peter W. Hall, Robert A. Katzmann, Amalya L. Kearse, Robert D. Sack, Edgardo Ramos, Laura Taylor-Swain, Cathleen McMahon, Michael H. Dolinger, Andrew J. Peck, and others.
[1] According to court records Jones’ September 22, 2006, alleged Rule 11 plea proceedings were not placed on the public docket in compliance with the Federal Rules of Criminal Procedure. For no other evil and unethical reason than to prevent Mr. Ware and the public from attending the bogus and fraudulent proceedings orchestrated by District Judge William H. Pauley, III (deceased), U.S. Attorney (SDNY) Michael J. Garcia. AUSA Alexander H. Southwell, and Jones’ lawyer Marlon G. Kirton, unindicted co-conspirators.
[2] Paula Fredericks, Jenny Mittlemen, William A. Myers, William NeSmith, Jonathan Hewitt, William P. Smith, III, (deceased), Carmen Rojas-Rafter, and others to be identified and included in most likely a civil racketeering lawsuit.
[3] Margaret H. Murphy, Joyce Bihary, C. Ray Mullins, M. Regina Thomas, Patricia Sinback, Wendy L. Hagenau, Dennis S. Meir, John W. Mills, III, J. Henry Walker, IV, Sims Gordan, Jr., and the Atlanta, GA law firm of Kilpatrick, Townsend, & Stockton, LLP, regarding the In re Group Management Corp., 03–93031-mhm (BC NDGA) Chapter 11 proceedings.
