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Non-Tech : Spongetech -- Ignore unavailable to you. Want to Upgrade?

To: scion who wrote (52)	10/21/2011 3:31:23 PM
From: scion	Respond to of 259

10/21/2011 170 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Change of Plea Hearing as to Seymour Eisenberg held on 10/21/2011. AUSA Roger Burlingam; IRS Special Agent John Carrano; defense attorney John Meringolo (retained) with associate Clara Kalhous for defendant (pres./on bond). Guilty pleas entered by Seymour Eisenberg (4) to Count 1, 3, and 5 of superseding indictment. Pleas accepted. See document for full details. (Court Reporter Charisse Kitt.) (Carosella, Christy) (Entered: 10/21/2011) Doc 170 Pdf file viewer.zoho.com

To: scion who wrote (52)	10/21/2011 3:31:51 PM
From: scion	Respond to of 259

10/21/2011 171 Minute Entry for proceedings held before Judge Dora Lizette Irizarry:Change of Plea Hearing as to Thomas Cavanagh held on 10/21/2011. AUSA Roger Burlingame; IRS Special Agent John Carrano; defense attorney James Sherwood for defendant (pres/in custody). Defendant enters guilty plea to Count 6 of superseding indictment. Plea accepted. Defendant's request for expedited PSR and sentencing is granted. Probation shall disclose the PSR by December 2, 2011. Sentencing set for December 16, 2011 at 10:00 AM in Courtroom 4 A South before Judge Dora Lizette Irizarry. Parties directed to Judge Irizarry's criminal requirements. Defendant continued on bond. (Court Reporter Charisse Kitt.) (Carosella, Christy) (Entered: 10/21/2011) Doc 171 PDF file viewer.zoho.com

To: scion who wrote (52)	11/3/2011 10:20:12 AM
From: scion	Read Replies (2) \| Respond to of 259

Pacer update 02 Nov 11 - SEC v Spongetech CIVIL DOCKET FOR CASE #: 1:10-cv-02031-DLI -JMA ecf.nyed.uscourts.gov Date Filed # Docket Text 11/02/2011 ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 140 Motion for Default Judgment; adopting Report and Recommendations as to 178 Report and Recommendations - No objections were filed to the Report and Recommendation ("R & R") issued on September 22, 2011 by the Hon. Joan M. Azrack, U.S.M.J., and, upon due consideration, the R & R is hereby ADOPTED in its entirety. Accordingly, plaintiff's motion for default judgment against RM Enterprises and George Speranza is hereby GRANTED. It is further hereby ORDERED that: (1) default judgments as to liability against defendants RM Enterprises and Speranza shall be entered by the Clerk of the Court; (2) defendant Speranza is barred from engaging in any transactions or advertisements concerning penny stocks; (3) permanent injunction against both defendants shall be issued in a form to be proposed by the SEC; (4) plaintiff is awarded damages totaling $135,883.40 against Speranza; and (5) the calculation of damages against RM Enterprises is deferred until the claims against the remaining non-defaulting defendants have been resolved. NO LATER THAN NOVEMBER 16, 2011, THE SEC SHALL PROVIDE THE COURT WITH PROPOSED PERMANENT INJUNCTIONS AGAINST DEFENDANTS SPERANZA AND RM ENTERPRISES AS WELL AS ANY PROPOSED ORDER PROHIBITING SPERANZA FROM ENGAGING IN ANY ACTIVITIES CONCERNING PENNY STOCKS. The SEC is further directed to serve a copy of this Electronic Order on RM Enterprises and Speranza within five (5) days of the issuance of this Order and immediately thereafter electronically file proof of such service with the court. SO ORDERED by Judge Dora Lizette Irizarry on 11/2/2011. (Irizarry, Dora) (Entered: 11/02/2011) 11/02/2011 ORDER re DEFENDANT MOSKOWITZ' LIVING EXPENSES 185 Letter filed by Steven Moskowitz, 184 Letter filed by U.S. Securities & Exchange Commission -- The monthly allowance/budget for defendant Moskowitz' living expenses proposed by the SEC and consented to by defendant is hereby APPROVED. Accordingly, defendant's total monthly allowance will be $5,072, which consists of $2272 mortgage and real estate taxes and $2800 for household, utilities and living expenses. SO ORDERED by Judge Dora Lizette Irizarry on 11/2/2011. (Irizarry, Dora) (Entered: 11/02/2011) 11/02/2011 189 ORDER GRANTING REQUEST FOR EXTENSION OF ORDER GRANTING PARTIAL LIFT OF ASSET FREEZE AS TO DEFENDANT METTER ONLY re 188 Letter filed by Michael Metter, 186 Affidavit, filed by Michael Metter - The request for an extension of the order partially lifting the asset freeze as to Defendant Metter ONLY is granted as per the ATTACHED WRITTEN ORDER. Any extension of this Order must be requested by SEPARATE MOTION on or before December 2, 2011. Moreover, defense counsel is directed to use the language of the Attached Written Order as a template for any proposed order so that the modifications made by the court are included. The court notes that the SEC had no objection to the request. This Order is effective nunc pro tunc to October 14, 2011. SO ORDERED by Judge Dora Lizette Irizarry on 11/2/2011. (Irizarry, Dora) (Entered: 11/02/2011) Defendant Spongetech Delivery Systems, Inc. Defendant RM Enterprises International, Inc. Defendant Steven Moskowitz Defendant George Sperenza Defendant Joel Pensley Defendant Jack Halperin Defendant Michael Metter ecf.nyed.uscourts.gov

To: scion who wrote (52)	11/5/2011 1:13:27 PM
From: scion	Read Replies (1) \| Respond to of 259

Pacer update 02 Nov 11 CRIMINAL DOCKET FOR CASE #: 1:10-cr-00600-ARR USA v. Metter et al All Defendants ecf.nyed.uscourts.gov Date Filed # Docket Text 11/02/2011 ORDER granting 173 Motion for Early Termination of Probation/Supervised Release as to Frank Nicolois (7) --- Counsel is admonished to use the proper ECF event when making applications to the Court. The correct event in this instance is "Motion to Modify Conditions of Release." Failure to use the appropriate event has statistical ramifications and the Court may not consider applications that are improperly filed in the future. Nevertheless, defendant's request to modify conditions of release is granted; defendant is permitted to travel between Nov. 4-6, 2011, as stated in counsel's letter. Defendant must provide his full travel itinerary to Pretrial Services in advance. So Ordered by Judge Dora Lizette Irizarry on 11/2/2011. (Carosella, Christy) (Entered: 11/02/2011) 1:10-cr-00600-DLI USA v. Metter et al 1:10-cr-00600-DLI-1 Michael Metter 1:10-cr-00600-DLI-2 Steven Moskowitz 1:10-cr-00600-DLI-3 Andrew Tepfer 1:10-cr-00600-DLI-4 Seymour Eisenberg 1:10-cr-00600-DLI-5 George Speranza 1:10-cr-00600-DLI-6 Thomas Cavanagh 1:10-cr-00600-DLI-7 Frank Nicolois Defendant (1) Michael Metter represented by Jeffrey B. Sklaroff Greenberg, Traurig, LLP Met Life Building 200 Park Avenue New York, NY 10166 212-801-9200 Fax: 212-801-6400 Email: sklaroffj@gtlaw.com ATTORNEY TO BE NOTICED Designation: Retained Pending Counts Disposition CONSPIRACY TO DEFRAUD THE UNITED STATES (1) CONSPIRACY TO COMMIT SECURITIES FRAUD (1s) MANIPULATIVE AND DECEPTIVE DEVICES (2) CONSPIRACY TO COMMIT OBSTRUCTION OF JUSTICE (2s) OBSTRUCTION OF PROCEEDING BEFORE DEPARTMENTS/AGENCIES (3) SECURITIES FRAUD (3s) MONEY LAUNDERING - FRAUD, OTHER (4) OBSTRUCTION OF JUSTICE (4s) CONSPIRACY TO COMMIT MONEY LAUNDERING (5s) PERJURY GENERALLY (6) PERJURY - METTER SEC TESTIMONY (9s) Highest Offense Level (Opening) Felony Complaints 18 USC 371 - conspiracy to defraud. Assigned to: Judge Dora Lizette Irizarry Defendant (2) Steven Moskowitz represented by Benjamin Brafman Brafman & Ross, P.C. 767 Third Avenue 26th Floor New York, NY 10017 (212) 750-7800 Fax: (212) 750-3906 Email: bbrafman@braflaw.com ATTORNEY TO BE NOTICED Designation: Retained Mark M. Baker Brafman & Associates, P.C. 767 Third Avenue 26th Floor New York, NY 10017 212/750/7800 Fax: 212/750/3906 Email: mbaker@braflaw.com ATTORNEY TO BE NOTICED Designation: Retained Pending Counts Disposition CONSPIRACY TO DEFRAUD THE UNITED STATES (1) CONSPIRACY TO COMMIT SECURITIES FRAUD (1s) MANIPULATIVE AND DECEPTIVE DEVICES (2) CONSPIRACY TO COMMIT OBSTRUCTION OF JUSTICE (2s) OBSTRUCTION OF PROCEEDING BEFORE DEPARTMENTS/AGENCIES (3) SECURITIES FRAUD (3s) MONEY LAUNDERING - FRAUD, OTHER (4) OBSTRUCTION OF JUSTICE (4s) PERJURY GENERALLY (5) CONSPIRACY TO COMMIT MONEY LAUNDERING (5s) PERJURY - MOSKOWITZ SEC TESTIMONY (8s) Highest Offense Level (Opening) Felony Complaints 18 USC 371 - conspiracy to defraud. Assigned to: Judge Dora Lizette Irizarry Defendant (3) Andrew Tepfer also known as Avi represented by Avraham C. Moskowitz Moskowitz Book & Walsh, LLP 345 Seventh Avenue 21st Floor New York, NY 10001 212-221-7999 Fax: 212-398-8835 Email: amoskowitz@mbwllp.com ATTORNEY TO BE NOTICED Designation: Retained Pending Counts Disposition CONSPIRACY TO COMMIT SECURITIES FRAUD (1) SECURITIES FRAUD (3) CONSPIRACY TO COMMIT MONEY LAUNDERING (5) Highest Offense Level (Opening) Felony Assigned to: Judge Dora Lizette Irizarry Defendant (4) Seymour Eisenberg also known as Jimmy represented by Lawrence K. Feitell 225 Broadway Suite 2020 New York, NY 10007 (212) 571-5710 Fax: 212-571-5711 Email: LKFJuris@earthlink.net ATTORNEY TO BE NOTICED Designation: CJA Appointment Pending Counts Disposition CONSPIRACY TO COMMIT SECURITIES FRAUD (1) SECURITIES FRAUD (3) CONSPIRACY TO COMMIT MONEY LAUNDERING (5) Highest Offense Level (Opening) Felony Assigned to: Judge Dora Lizette Irizarry Defendant (5) George Speranza represented by Richard H. Rosenberg Richard H. Rosenberg 217 Broadway Suite 707 New York, NY 10007 212-586-3838 Fax: 212-962-5037 Email: richrosenberg@msn.com ATTORNEY TO BE NOTICED Designation: CJA Appointment Pending Counts Disposition CONSPIRACY TO COMMIT OBSTRUCTION OF JUSTICE (2) OBSTRUCTION OF JUSTICE (4) PERJURY - SPERANZA SEC TESTIMONY (10) Highest Offense Level (Opening) Felony Assigned to: Judge Dora Lizette Irizarry Defendant (6) Thomas Cavanagh Pending Counts Disposition STRUCTURING (6) CONTEMPT OF COURT (7) Highest Offense Level (Opening) Felony Terminated Counts Disposition None Highest Offense Level (Terminated) None Complaints Disposition None Assigned to: Judge Dora Lizette Irizarry Defendant (7) Frank Nicolois represented by John Michael Burke John Burke 26 Court Street Suite 2805 Brooklyn, NY 11242 718-875-3707 Fax: 718-875-0053 Email: b33elmont@aol.com ATTORNEY TO BE NOTICED Designation: CJA Appointment Pending Counts Disposition STRUCTURING (6) CONTEMPT OF COURT (7) Highest Offense Level (Opening) Felony Plaintiff USA represented by Jeffrey A. Goldberg United States Attorneys Office Eastern District of New York 271 Cadman Plaza East Brooklyn, NY 11201-1820 (718) 254-7579 Fax: (718) 254-7499 Email: jeffrey.goldberg@usdoj.gov ATTORNEY TO BE NOTICED William E. Schaeffer United States Attorneys Office 271 Cadman Plaza East Brooklyn, NY 11201 718-254-6059 Fax: 718-254-6076 Email: william.schaeffer@usdoj.gov ATTORNEY TO BE NOTICED ecf.nyed.uscourts.gov