Spongetech Delivery Systems, Inc. (fka SPNGQ)

[scion]

WHEREAS, on or about August 16, 2011, the defendant, STEVEN MOSKOWITZ, entered a plea of guilty to Counts One and Two of the above-captioned indictment charging violations of 18 U.S.C. § 371 and 15 U.S.C. § 78j(b), respectively; and

WHEREAS, the defendant has consented to the entry and forfeiture of the following: (a) a forfeiture money judgment in the amount of three hundred fifty thousand dollars and no cents ($350,000) (the "Forfeiture Money Judgment"), and (b) any and all right, title and interest in all shares and classes of stock of Spongetech Delivery Systems, Inc., held by the defendant or held in trust for the benefit of the defendant or any of the defendant's family members, including but not limited to those shares and classes of stock held by the Moskowitz Family Trust (collectively, the "Forfeited Stock"), pursuant to 18 U.S.C. § 981(a)(l)(C), 28 U.S.C. § 2461(c) and 21 U.S.C. § 853(p), as property constituting or derived from proceeds obtained directly or indirectly as a result of his violation of 18 U.S.C. § 371 and 15 U.S.C. § 78j(b), and/or as substitute assets.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED, on consent, by and between the United States and the defendant as follows:

1. The defendant consents to the forfeiture to the United States of all right, title, and interest in the Forfeited Stock and consents to the entry of the Forfeiture Money Judgment, pursuant to 18 U.S.C. § 981(a)(l)(C), 28 U.S.C. § 2461(c) and 21 U.S.C. § 853(p).

2. The defendant shall pay fifty thousand dollars and no cents ($50,000.00) towards the Forfeiture Money Judgment on or before the date of the defendant's guilty plea (the "Initial Due Date"). The balance of the Forfeiture Money Judgment shall be paid by the defendant no later than the date of the defendant's sentencing (the "Final Due Date"). Payment of the Forfeiture Money Judgment shall be made by certified or bank check, payable to the "U.S. Department of Treasury." The defendant shall cause said check to be sent by overnight mail, to Assistant United States Attorney Brian D. Morris, 271 Cadman Plaza East, Brooklyn, NY 11201, with the criminal docket number noted on the face of the check. In the event that the initial $50,000 payment is not paid in full on or before the Initial Due Date, interest shall accrue on any unpaid portion as of the Initial Due Date. Further, if the defendant fails to pay any portion of the Forfeiture Money Judgment on or before the Final Due Date, the defendant consents to the forfeiture of any other property of the defendant up to the amount of the Forfeiture Money Judgment, pursuant to 21 U.S.C. § 853(p), the Federal Debt Colleetion Procedures Act, or any other applicable law.


OCR extract -
Doc 364-1 PDF file
http://www.scribd.com/doc/217659954/USA-v-Metter-Et-Al-Doc-364-1-Filed-10-Apr-14