Unprecedented Public Corruption
Office of Ulysses T. Ware
123 Linden Blvd.
Suite 9-L
Brooklyn, NY 11226
(718) 844–1260
Utware007@gmail.com
September 6, 2021
State Bar of Georgia
Office of the General Counsel
104 Marietta St
Atlanta, GA 30303
C/O Paula Fredrick, Esq., General Counsel
RE: In re Ulysses T. Ware, State Disciplinary Board №5422;
Supreme Court Docket No. S08B0492.
The State Bar of Georgia’s forgery, fraudulent and falsified alleged “January 15, 2007, at 10:42AM” personal service of Ulysses T. Ware at the Bureau of Prisons MDC Brooklyn, NY federal prison by the Kings County Sheriff’s Dept., a forgery and a factual impossibility, Exhibit #1, cf., Exhibit #2, United States Court of Appeals for the Second Circuit opinion in United States v. Ware, 07–5222cr, 07–5670cr (XAP) (2009): on “January 15, 2007, at approximately 10:42AM” Mr. Ware was not in the custody of the Bureau of Prisons at 80 29th St, Brooklyn, NY. Eyewitnesses place Mr. Ware at 500 Pearl St., Manhattan, NY inside the U.S. States federal courthouse before District Judge William H. Pauley, III selecting the jury for his “first trial.”
Ms. Fredrick:
September 6, 2021, Declaration of Ulysses T. Ware
I Ulysses T. Ware under oath, subject to the penalty of perjury, having personal knowledge of the facts, pursuant to 28 USC 1746, hereby this 6th day of September 2021, in Brooklyn, NY set my hand and seal and have made this Declaration of fact, and state the following facts, to wit:
I.
A. The factual record.
This written inquiry is in regard to the fabricated, forged, and falsified official documents submitted by the State Bar to the Supreme Court of Georgia, (the “Supreme Court”), concerning the null and void ab initio and moot purported Ware disbarment proceedings referenced above.
First, I will draw your attention to a certified copy obtained from the Supreme Court of Exhibit 1, the alleged sworn personal service record of the State Bar used to initiate the Ware disbarment proceedings, 5422. A forgery, fabricated, and falsified by the State Bar as a fraud and a willful, bad faith, knowing, and deliberate overt act in the conspiracy to obstruct justice and steal the personal property of Ulysses T. Ware, his license to practice law in the State of Georgia.
Fact 1
According to Exhibit 1, which was filed into the 5422 official record on January 24, 2008, by State Bar employee Jonathan Hewitt and special master William A. Myers, Esq., both officers of the court, the State Bar claimed, falsely and fraudulently, that Mr. Ware was personally served by the Kings County Sheriff’s Department as required by Bar Rule 4–203.1(b)(3)(i) on “January 15, 2007, at approximately 10:42AM” at “80 29th Street, Brooklyn, NY” at the Bureau of Prisons MDC federal prison. Which is a factual impossibility. A fraud on the Supreme Court of Georgia, a fraud on Mr. Ware, and an overt act in furtherance of the conspiracy to obstruct justice by the State Bar, former District Judge William H. Pauley, III (deceased), former AUSA Alexander H. Southwell, former United States Attorney (SDNY) Michael J. Garcia, Paula Fredrick, William P. Smith, III, Jonathan Hewitt, William NeSmith, Jenny Mittlemen, William A. Myers, and others both known and unknown, jointly, (the “Unindicted Co-conspirators”).
Fact 2
Exhibit 2 is an excerpt of the August 18, 2009, opinion entered by the United States Court of Appeals for the Second Circuit in United States v. Ware, 07–5222cr, 07–5670-cr (XAP) (2009).
The opening sentence in Exhibit 2 stated as follows:
Fact 3
At 10:42AM on January 15, 2007, when the State Bar alleged, fraudulently and falsely, that Mr. Ware was then in the custody of the BOP at 80 29th St., Brooklyn, NY, in fact Mr. Ware was then not in the custody of the BOP, had never been convicted of any crime, however, Mr. Ware was then at 10:42AM not in Brooklyn, NY but at 500 Pearl St., Manhattan, NY at the United States District Courthouse before District Judge William H. Pauley, III conducting voir dire in the “first trial” along with AUSAs Alexander H. Southwell and Steven D. Feldman. Three eyewitnesses to the whereabouts of Mr. Ware on “January 15, 2007, at approximately 10:42AM.” The State Bar lied, committed perjury, committed a fraud on the Supreme Court, the public, and Mr. Ware by fabricating, falsifying, and fraudulently manufacturing Exhibit 1 and submitting the same to judicial authorities. Each participant who has aided or abetted, obstructed, covered up, conceal, suppressed, or frustrated in any way exposure of the conspiracy, the fraud, the forgery, or falsification of Exhibit 1, or member of the conspiracy, has criminal and personal civil monetary liability to Ulysses T. Ware in the sum certain amount of $2.225 billion dollars, jointly and severally.
Fact 4
Exhibit 3 is page 2 of the appeal brief of the United States filed in 07–5222cr, 07–5670cr (XAP)(2d Cir.) which also states that Mr. “Ware’s first trial began on January 15, 2007.” (emphasis added). Exhibit 3 confirmed that on November 7, 2008, the Attorney General of the United States refused to provide the USAO (SDNY) with the permission required by 18 USC 3742(b) to file an appeal brief on behalf of the United States in its 07–5670cr (XAP) cross-appeal, Gov.-I: ergo, ipso facto a final judgment on the merits, the law of the case, res judicata, and triggered the Double Jeopardy Clause’s protection in favor of Ulysses T. Ware, (the “Prevailing Party”); and bound, absolutely, the District Court (NDGA) (Evans, J.), the District Clerk (James N. Hatten), State Bar, the Supreme Court of Georgia, and their agents, employees, and all those in active concert therewith concerning all issues, facts, and claims actually or necessarily resolved by the August 18, 2009, Exhibit 9, superseding final judgment .
Fact 5
There is absolutely no credible evidence in the official record of the State Bar’s fraudulent 5422 proceedings that proves that Mr. Ware was personally served by the Kings County Sheriff’s Department on “January 15, 2007, at approximately 10:42AM” at 80 29th St., Brooklyn, NY, at the BOP’s MDC federal prison. A factual impossibility, see Exhibits 2, 3, and 4.
Fact 6
The official record in 5422 (State Bar) and S08B0492 (Supreme Court) lacking any tangible, admissible, credible evidence of actual personal service of Ulysses T. Ware on January 15, 2007, or anytime as required by Bar Rule 4–203.1(b)(3)(i), accordingly, as a matter of law all proceedings in 5422 and S08B0492 are null and void ab initio, conducted in the willful and deliberate violation of due process of law, and willfully, deliberately, knowingly, and in bad faith conducted as an overt criminal act (mail and wire fraud, aiding and abetting, conspiracy, 18 USC 241, 242) in furtherance of the racially-motivated retaliatory hate crime criminal conspiracy to obstruct justice orchestrated and coordinated by the Unindicted Co-conspirators, and, moreover, conducted as a fraud on the Supreme Court of Georgia, Ulysses T. Ware, and the public. This fraud on the court and conspiracy to obstruct justice cannot and will not go unpunished.
Fact 7
Exhibit 1 was knowingly, deliberately, intentionally, in bad faith, and willfully forged and fabricated by the State Bar and its employees and agents as a fraud on the Supreme Court of Georgia, Mr. Ware, and the public as an overt act in the conspiracy coordinated by former District Judge William H. Pauley, III, Jonathan Hewitt, William A. Myers, William P. Smith, III, Paula Fredrick, William NeSmith, Jenny Mittlemen, Carmen Rojas-Rafter, and others to steal Mr. Ware’s personal property, his license to practice law in the State of Georgia.
Fact 8
The Bureau of Prisons has confirmed that on January 15, 2007, Ulysses T. Ware was not in the custody of any Bureau of Prisons facility in the United States.
Fact 9
The Office of the United States Attorney (SDNY) has confirmed that Ulysses T. Ware was not in the custody of the Bureau of Prisons on January 15, 2007. See Exhibit 4.
Fact 10
The Office of the General Counsel of the State Bar, Paula Fredrick, Esq., et al., officers of the court, lacking any credible evidence in the record of 5422 and S08B0491 is required to immediately notify the Supreme Court of Georgia, not later than 12:00 noon, on September 9, 2021, time of the essence, and move the Court to sua sponte vacate and set aside its 2008 judgment of disbarment of Ulysses T. Ware, Exhibit 5; and reinstate, nunc pro tunc, 2008, Ulysses T. Ware to the rolls of the State Bar of Georgia, in good standing.
Fact 11
On Oct. 6, 2008, see Exhibit 5 , the alleged conviction in 05cr1115 (SDNY) (Pauley, J.) was under direct appeal, 07–5222cr, (Ware-I) and the government filed a cross-appeal, 07–5670cr (XAP), Gov.-I . On November 7, 2008, the United States Attorney General, (the “USAG”), notified the Court of Appeals for the Second Circuit that the Government had decided to abort, abandon, and dismiss with prejudice its Gov.-I, 07–5670 (XAP) cross-appeal pursuant to 18 USC 3724(b), Rule 42(b), and Article II of the Constitution, see Exhibit 3. A binding Article II appellate political decision, res judicata , collateral estoppel, and triggered the Double Jeopardy Clause’s protections for Ulysses T. Ware regarding 5422 and S08B0492, that is absolutely binding on the State Bar of Georgia, the Supreme Court of Georgia, and all state and federal agencies regarding the United States v. Ware, 05cr1115 (SDNY) proceedings.
Fact 12
On May 17, 2021, Exhibit 6, FINRA, certified the “Civil Plaintiffs” named in para. 8 of the indictment in United States v. Ware, 04cr1224 (SDNY) (RWS), Exhibit 7, had never lawfully registered as required by federal law, 15 USC 78o(a)(1), and were thus, unregistered broker-dealers, and as a matter of law lacked Article III constitutional and 28 USC 1332(a) diversity standing to have filed the 02cv2219 (SDNY) lawsuit . Accordingly, the indictment in 04cr1224 was and is null and void ab initio and as a matter of law, Ulysses T. Ware was and is actually and factually innocent of all charges in United States v. Ware, 04cr1224.
Fact 13
As a matter of law, the State Bar, its agents, employees, and all in active concert therewith have since on or around December 20, 2007, knowingly, deliberately, in bad faith, and willfully resisted, avoided, hindered, frustrated, aided, abetted, disobeyed, acted in concert, and determined to undermine, and effectively invalidated lawful court orders and final judgments, Exhibit 6 and 7, (the “Court Orders”), entered in favor of Ulysses T. Ware, (the “Prevailing Party”), in willful violation of 18 USC 401(3), criminal contempt and civil contempt.
Fact 14
Due to the willful, bad faith, knowing, and deliberate civil and criminal contempt of the Court Orders and judgments by the State Bar and the Supreme Court of GA, their agents, employees, and all those in active concert therewith, Ulysses T. Ware has suffered damages, injuries, and monetary harm to his personal and business interest in the sum certain actual amount of $2.225 billion dollars, jointly and severally.
I Ulysses this 6th day of September 2021, in Brooklyn, NY, have set my hand and seal and pursuant to the penalty of perjury, and 28 USC 1746 have signed this Declaration.
/s/ Ulysses T. Ware
____________________________________________
Ulysses T. Ware
September 6, 2021
Brooklyn, NY
Ms. Fredricks, a copy of this September 6, 2021, Declaration will be filed in 05cr1115 and 04cr1224 as the sworn factual basis to seek civil and criminal contempt enforcement proceedings against you and the State Bar and its agents, employees, and all in active concert therewith regarding the willful and bad faith contempt of the Court Orders. Furthermore, a copy also will be filed in the Supreme Court of Georgia with a request to set the matter down for an evidentiary hearing in regard to the allegations of fraud on the court and conspiracy to obstruct justice by the State Bar, its employees, agents, and all those in active concert therewith.
Sincerely,
/s/ Ulysses T. Ware
[1] See Federated Dept. Stores, Inc. v. Moites, 452 U.S. 394, 398–401 (1981) (“There is little to be added to the doctrine of res judicata as developed in the case law of this Court. A final judgment [Exhibit 9, 07–5670cr (XAP), Gov.-I] on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action. Commissioner v. Sunnen, 333 U. S. 591, 333 U. S. 597 (1948); Cromwell v. County of Sac, 94 U. S. 351, 94 U. S. 352–353 (1877). Nor are the res judicata consequences of a final, unappealed judgment on the merits altered by the fact that the judgment may have been wrong or rested on a legal principle subsequently overruled in another case” … “This Court’s rigorous application of res judicata in Reed, to the point of leaving one party in possession and the other party entitled to the rents, makes clear that this Court recognizes no general equitable doctrine, such as that suggested by the Court of Appeals, which countenances an exception to the finality of a party’s failure to appeal [cf., the United States failure to appeal in Gov.-I, 07–5670cr (XAP), Exhibit 3] merely because his rights are “closely interwoven” with those of another party.” Id. at 399–401; “There is simply ‘no principle of law or equity which sanctions the rejection by a federal court of the salutary principle of res judicata.’ Heiser v. Woodruf, 327 U. S. 726, 327 U. S. 733 (1946). The Court of Appeals’ reliance on []public policy[] is similarly misplaced. This Court has long recognized that [][p]ublic policy dictates that there be an end of litigation; that those who have contested an issue shall be bound by the result of the contest, and that matters once tried shall be considered forever settled as between the parties.” Id.). (emphasis added).
[2] Ulysses T. Ware had appealed both 04cr1224 (09–0851cr) (2d Cir.) and 05cr1115 (SDNY) (07–5222cr)(2d Cir.) on October 6, 2008, Exhibit 5, when the Supreme Court of Georgia, prematurely, entered its null and void ab initio judgment of disbarment, in egregious violation of due process of law; and furthermore, Mr. Ware, was adjudicated the prevailing party in 05cr1115 (07–5670 (XAP)) on August 18, 2009, and the prevailing party in 02cv2219 (SDNY) and 04cr1224 (SDNY), Exhibit 8, on December 20, 2007. The State Bar and the Supreme Court lacked any lawful and valid final judgments of conviction to have initiated any disbarment proceedings against Ulysses T. Ware on “January 15, 2007, at approximately 10:42AM.” See Exhibit 1. On January 15, 2007, there were no final judgments of conviction entered in any court against Ulysses T. Ware. Accordingly, the State Bar of GA lacked all subject matter jurisdiction to initiate any disbarment proceedings against Ulysses T. Ware; and conversely, the Supreme Court of GA on Oct. 6, 2008, lacked all subject matter jurisdiction, lacked any final judgments of conviction entered against Ulysses T. Ware and lacked any credible evidence of personal service of Ulysses T. Ware as fraudulently alleged by special master William A. Myers, Esq., Jonathan Hewitt, and other Unindicted Co-conspirators.
[3] Both Mr. Ware and the Government appealed the 10/30/2007, judgment entered in United States v. Ware, 05cr1115 (SDNY) (WHP), see Exhibit 3. Ergo, the 10/30/2007, judgment was not a final judgment having any preclusive effect. The August 18, 2009, superseding final judgment, Exhibit 9, ratified the USAG’s November 7, 2008, Article II appellate political decision to dismiss with prejudice the Government’s 07–5670cr (XAP), Gov.-I cross-appeal, and entered final judgment in Gov.-I and 05cr1115 on behalf of Ulysses T. Ware, (the “Prevailing Party”); and triggered res judicata, collateral estoppel, and the Double Jeopardy Clause’s protections for Ulysses T. Ware in defense of any purported disbarment proceedings by the State Bar of Georgia or the District Court (NDGA) (Evans, J.). See n. 1, supra, analysis of Federated, 452 U.S. at 398–401; also see Fed. R. Crim. P. Rule 42(a) in regarding to Exhibit 9 enforcement of the August 18, 2009, superseding final judgment entered in Gov.-I (07–5670cr (XAP), cf., Exhibit 3 (November 7, 2008, USAG’s dismissal with prejudice of the Government’s United States v. Ware, 07–5670cr (XAP), Gov.-I cross-appeal).
[4] The State Bar and the Supreme Court of Georgia’s agents, employees, and all those in active concert therewith are bound, absolutely, by res judicata of the August 18, 2009, final judgment entered in Gov.-I (07–5670cr) (XAP) (2d Cir.), Exhibit 9, and according absolutely bound by res judicata, and the Double Jeopardy Clause’s absolute finality; and moreover, pursuant to Fed. R. Crim. P. Rule 42(a) the State Bar, its employees, agents, and all in active concert with the State Bar, and the Supreme Court of GA and all those in active concert therewith, are subject to civil and criminal contempt [the willful and continual resistance to lawful court orders and judgments] enforcement proceedings regarding final court orders or final judgments, Exhibit 8 and 9, respectively. See 51H submitted in 05cr1115 and 04cr1224 (SDNY), (Ramos, J.), August 31, 2021.
[5] FINRA’s May 17, 2021, certification of unregistered broker-dealer status of each “Civil Plaintiff”, Exhibit 6, named in para. 8 of the 04cr1224 (SDNY) indictment, Exhibit 7, by operation of law, annulled, vitiated, abrogated, and voided the 04cr1224 indictment, conviction and sentence entered in United States v. Ware, 04cr1224 (SDNY) (RWS).
[6] FINRA’s May 17, 2021, sworn certification of unregistered broker-dealer status for each of the “Civil Plaintiffs” named in par. 8 of the 04cr1224 (SDNY) indictment, Exhibit 7, newly discovered Brady exculpatory evidence, was deliberately, intentionally, in bad faith, knowingly and willfully covered up, suppressed and concealed by the Office of the United States Attorney (SDNY) in civil and criminal contempt (Fed. R. Crim. P. Rule 42(a), the willful resistance to lawful court orders) of the August 10, 2007, Brady order (Sweet, J.), see Exhibit 10, as a fraud on the court and an overt act in the conspiracy to obstruct justice and fraudulently convict Ulysses T. Ware of fabricated and fraudulent charges in United States v. Ware, 04cr1224 (SDNY).
