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

To: scion who wrote (150)	4/22/2013 10:38:33 AM
From: scion	Read Replies (1) \| Respond to of 259

04/19/2013 301 STATUS REPORT by Pretrial Services as to Michael Metter in anticipation of sentencing. (Carosella, Christy) (Entered: 04/19/2013) Doc 301 PDF file scribd.com

To: scion who wrote (150)	4/22/2013 10:38:59 AM
From: scion	Respond to of 259

04/19/2013 302 Letter regarding sentencing as to Michael Metter (Sinclair, Patrick) (Entered: 04/19/2013) Doc 302 PDF file scribd.com Extract- Dear Judge Irizarry: The government writes in advance of sentencing in this matter, currently scheduled for April 25, 2013 at 10:00 a.m. As the Court is aware, the parties have entered into a plea agreement pursuant to Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure, which the Court accepted on March 19, 2013. The government relies on the reasoning set forth in its January 8, 2013 to justify the agreed upon sentence of “a term of probation not to exceed five years.” The government objects to the defendant’s request for a term of probation of only two years and requests a five year term of probation to reflect the seriousness of the crime and also to permit the Court to monitor the defendant’s financial status and compliance with the Court’s orders. As set forth in the government’s January 8, 2013 letter, the guidelines sentence for the defendant’s crimes is between 33 and 41 months. Nevertheless, due to a variety of factors, the government entered into the plea agreement pursuant to Rule 11(c)(1)(C). A longer term of probation will have the necessary deterrent effect on this defendant and promote his future respect for the law. Moreover, the five year term will also permit this Court to monitor compliance with its orders. On December 14, 2012, this Court ordered that “the Defendant shall pay disgorgement of ill-gotten gains, prejudgment interest thereon, and civil penalties” in connection with the related enforcement action pending against the defendant, Securities and Exchange Commission v. Spongetech Delivery Systems, Inc., et al., 10 CV 2031 (DLI) Docket entry 255, ¶ XIII.1 The government requests the Court to make full financial disclosure a component of the defendant’s probation for five years to ensure that the defendant remains complaint with the financial obligations to be imposed by the Court. Respectfully submitted, LORETTA E. LYNCH United States Attorney By: /s/ Patrick Sean Sinclair Assistant U.S. Attorney (718) 254-6402 cc: Maranda Fritz, Esq. (via e-mail) Clerk of the Court (DLI) (via ECF)

To: scion who wrote (150)	4/26/2013 1:49:49 PM
From: scion	Read Replies (3) \| Respond to of 259

Pacer update 26 Apr 13 - USA v. Metter et al CRIMINAL DOCKET FOR CASE #: 1:10-cr-00600 ecf.nyed.uscourts.gov Date Filed # Docket Text 04/26/2013 304 JUDGMENT as to Michael Metter. So Ordered by Judge Dora Lizette Irizarry on 4/25/2013. (Carosella, Christy) (Entered: 04/26/2013) 04/25/2013 Minute Entry for proceedings held before Judge Dora Lizette Irizarry: Sentencing held on 4/25/2013 for Michael Metter (1). Appearances: AUSA Patrick Sinclair; Sr. UPSO Patricia Sullivan; Retained defense attorney Maranda Fritz for defendant (present/bond). Defendant sentenced on Count 1ss of Superseding Information to 5 YEARS PROBATION WITH SPECIAL CONDITIONS (see judgment). NO FINE. NO RESTITUTION. $100 SPECIAL ASSESSMENT. All open counts and underlying indictments dismissed. Appeal waived. Bail exonerated. Defendant permitted to travel within tristate area (NY, NJ, CT) and Massachusetts; must advise probation in advance of travel. Transfer of supervision to District of CT approved; this court will maintain jurisdiction. (Court Reporter Marsha Diamond.) (Carosella, Christy) (Entered: 04/25/2013) 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 ecf.nyed.uscourts.gov