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Pacer update 05 Feb 15 - USA v. Metter et al CRIMINAL DOCKET FOR CASE #: 1:10-cr-00600

https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl

Date Filed # Docket Text

03/09/2015 431 Letter dtd. 3/2/15 from Odis Alexiou and Sylvia Alexiou as to deft. Steven Moskowitz in reference to the 420 Restitution Order dtd. 2/4/2015, "requesting their names be added to the list of victims in this case." Returned to chambers. (Layne, Monique) (Entered: 03/10/2015)

02/26/2015 429 AMENDED JUDGMENT for Correction of Sentence for Clerical Mistake. Count(s) 1, Count(s) 3, Count(s) 5, Five years PROBATION-to run concurrently on cts. 1s, 2s, and 5s-with Special Conditions of Probation; $300 Total Special Assessment. Restitution in the amount of $ 12,716,668.00. Ordered by Judge Dora Lizette Irizarry on 2/23/2015. (Layne, Monique) (Entered: 02/26/2015)

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

https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl


U.S. District Court
Eastern District of New York (Brooklyn)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-00600-DLI All Defendants
Case title: USA v. Metter et al
Magistrate judge case number: 1:10-mj-00507-RER

Date Filed: 08/06/2010
Date Terminated: 02/05/2015
Assigned to: Judge Dora Lizette Irizarry

Defendant (1)
Michael Metter
TERMINATED: 04/26/2013
represented by Maranda E. Fritz
Thompson Hine LLP
335 Madison Avenue, 12th Floor
New York, NY 10017
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jeffrey B. Sklaroff
Greenberg, Traurig, LLP
Met Life Building
200 Park Avenue
New York, NY 10166
212-801-9200
Fax: [phone]
Email: [e-mail]
TERMINATED: 10/27/2010
ATTORNEY TO BE NOTICED
Designation: Retained

Khardeen I. Shillingford
Hinshaw & Culbertson LLP
780 Third Avenue
4th Floor
New York, NY 10017
212-471-6200
Fax: [phone]
Email: [e-mail]

Pending Counts
Disposition
REGISTRATION OF NATIONAL SECURITIES EXCHANGE
(1ss) 5 YEARS PROBATION WITH SPECIAL CONDITIONS. NO FINE. NO RESTITUTION. $100 SPECIAL ASSESSMENT.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1) DISMISSED
CONSPIRACY TO COMMIT SECURITIES FRAUD
(1s) DISMISSED
MANIPULATIVE AND DECEPTIVE DEVICES
(2) DISMISSED
CONSPIRACY TO COMMIT OBSTRUCTION OF JUSTICE
(2s) DISMISSED
OBSTRUCTION OF PROCEEDING BEFORE DEPARTMENTS/AGENCIES
(3) DISMISSED
SECURITIES FRAUD
(3s) DISMISSED
MONEY LAUNDERING - FRAUD, OTHER
(4) DISMISSED
OBSTRUCTION OF JUSTICE
(4s) DISMISSED
CONSPIRACY TO COMMIT MONEY LAUNDERING
(5s) DISMISSED
PERJURY GENERALLY
(6) DISMISSED
PERJURY - METTER SEC TESTIMONY
(9s) DISMISSED

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
18 USC 371 - conspiracy to defraud.
Assigned to: Judge Dora Lizette Irizarry

Defendant (2)
Steven Moskowitz
TERMINATED: 12/05/2014
represented by Benjamin Brafman
Brafman & Ross, P.C.
767 Third Avenue
26th Floor
New York, NY 10017
[phone]
Fax: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1) 3 years of probation. Restitution: (joint and several with codefendants Tepfer and Eisenberg) $12,650,138 to be paid at rate of 10% gross income per month. $100 special assessment per count (total $200). No fine due to priority of restition. Special conditions of supervision: 1. Comply with forfeiture order; 2. Comply with restitution order; 3. Full financial disclosure; 4. May not possess firearm, ammunition, destructive device; 5. Maintain FT, lawful, and verifiable employment; 6. Employment prohibition on sales/transactions with securities.
MANIPULATIVE AND DECEPTIVE DEVICES
(2) 3 years of probation (see count 1 for details).

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
CONSPIRACY TO COMMIT SECURITIES FRAUD
(1s) Dismissed.
CONSPIRACY TO COMMIT OBSTRUCTION OF JUSTICE
(2s) Dismissed.
OBSTRUCTION OF PROCEEDING BEFORE DEPARTMENTS/AGENCIES
(3) Dismissed.
SECURITIES FRAUD
(3s) Dismissed.
MONEY LAUNDERING - FRAUD, OTHER
(4) Dismissed.
OBSTRUCTION OF JUSTICE
(4s) Dismissed.
PERJURY GENERALLY
(5) Dismissed.
CONSPIRACY TO COMMIT MONEY LAUNDERING
(5s) Dismissed.
PERJURY - MOSKOWITZ SEC TESTIMONY
(8s) Dismissed.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
18 USC 371 - conspiracy to defraud.
Assigned to: Judge Dora Lizette Irizarry

Defendant (3)
Andrew Tepfer
TERMINATED: 02/05/2015
also known as
Avi
TERMINATED: 02/05/2015
represented by Martin G. Goldberg
Martin G. Goldberg
672 Dogwood Avenue #183
Franklin Square, NY 11010
516-292-0380
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Avraham C. Moskowitz
Moskowitz & Book, LLP
345 Seventh Avenue
21st Floor
New York, NY 10001
212-221-7999
Fax: [phone]
Email: [e-mail]
TERMINATED: 03/07/2014
ATTORNEY TO BE NOTICED
Designation: Retained

Michael Todd Parker
Moskowitz & Book LLP
345 Seventh Avenue, 21st Floor
New York, NY 10001
212-221-7999
Fax: [phone]
Email: [e-mail]
TERMINATED: 03/07/2014
ATTORNEY TO BE NOTICED

Pending Counts
Disposition
CONSPIRACY TO COMMIT SECURITIES FRAUD
(1) Probation: Five years-to run concurrently on cts. 1s, 2s, and 5s-with Special Conditions of Probation. $100 Special Assessment per count-Total $300. No fine due to priority of restitution. Restitution in the amount of $12,716,668.00. AMENDED JGT: Five years-to run concurrently on cts. 1s, 2s, and 5s-with Special Conditions of Probation. (all terms and conditions remain the same as in the original judgment of 2/5/15).
SECURITIES FRAUD
(3) Probation: Five years-to run concurrently on cts. 1s, 2s, and 5s-with Special Conditions of Probation. $100 Special Assessment per count-Total $300. No fine due to priority of restitution. Restitution in the amount of $12,716,668.00. AMENDED JGT: Five years-to run concurrently on cts. 1s, 2s, and 5s-with Special Conditions of Probation, (all terms and conditions remain the same as in the original judgment of 2/5/15).
CONSPIRACY TO COMMIT MONEY LAUNDERING
(5) Probation: Five years-to run concurrently on cts. 1s, 2s, and 5s-with Special Conditions of Probation. $100 Special Assessment per count-Total $300. No fine due to priority of restitution. Restitution in the amount of $ 12,716,668.00. AMENDED JGT: Five years-to run concurrently on cts. 1s, 2s, and 5s-with Special Conditions of Probation, (all terms and conditions remain the same as in the original judgment of 2/5/15).

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Dora Lizette Irizarry

Defendant (4)
Seymour Eisenberg
TERMINATED: 04/11/2014
also known as
Jimmy
TERMINATED: 04/11/2014
represented by John C. Meringolo
Meringolo and Associates, P.C.
375 Greenwich Street
7th Floor
New York, NY 10013
212-941-2077
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Lawrence K. Feitell
225 Broadway
Suite 2020
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
TERMINATED: 11/23/2010
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
CONSPIRACY TO COMMIT SECURITIES FRAUD
(1) 5 years of probation (concurrent on each count). Special conditions of probation: 1. Comply with restitution order; 2. Comply with forfeiture order; 3. Full financial disclosure; 4. Maintain lawful and verifiable employment; 5. May not possess firearm, ammunition, destructive device; 6. Mental health treatment including gambling counseling. $100 special assessment per count (total $300). Restitution (joint and several with codefendants Moskowitz and Tepfer): $3,082,056 to be paid at rate of 10% of gross monthly income. No fine due to priority of restitution.
SECURITIES FRAUD
(3) 5 years of probation (concurrent on each count). Special conditions of probation: 1. Comply with restitution order; 2. Comply with forfeiture order; 3. Full financial disclosure; 4. Maintain lawful and verifiable employment; 5. May not possess firearm, ammunition, destructive device; 6. Mental health treatment including gambling counseling. $100 special assessment per count (total $300). Restitution (joint and several with codefendants Moskowitz and Tepfer): $3,082,056 to be paid at rate of 10% of gross monthly income. No fine due to priority of restitution.
CONSPIRACY TO COMMIT MONEY LAUNDERING
(5) 5 years of probation (concurrent on each count). Special conditions of probation: 1. Comply with restitution order; 2. Comply with forfeiture order; 3. Full financial disclosure; 4. Maintain lawful and verifiable employment; 5. May not possess firearm, ammunition, destructive device; 6. Mental health treatment including gambling counseling. $100 special assessment per count (total $300). Restitution (joint and several with codefendants Moskowitz and Tepfer): $3,082,056 to be paid at rate of 10% of gross monthly income. No fine due to priority of restitution.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Dora Lizette Irizarry

Defendant (5)
George Speranza
TERMINATED: 10/19/2011
represented by Richard H. Rosenberg
Richard H. Rosenberg
217 Broadway
Suite 707
New York, NY 10007
212-586-3838
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
PERJURY - SPERANZA SEC TESTIMONY
(10) FIVE YEARS OF PROBATION with special conditions: 1. May not possess firearm, ammunition, destructive device; 2. employment prohibition re sale, promotion, marketing of stocks; 3. maintain lawful verifiable employment; 4. pay income tax arrears; 5. may not open new lines of credit without approval of Probation Dept.; 6. Full financial disclosure; 7. First 6 months of probation under home confinement with elec. monitoring; cost paid by deft. to extent able. $100 special assessment. No fine due to inability to pay.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
CONSPIRACY TO COMMIT OBSTRUCTION OF JUSTICE
(2) Dismissed upon government's motion.
OBSTRUCTION OF JUSTICE
(4) Dismissed upon government's motion.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None
Assigned to: Judge Dora Lizette Irizarry

Defendant (6)
Thomas Cavanagh
TERMINATED: 12/22/2011
represented by Bennette Deacy Kramer
Schlam Stone & Dolan, LLP
26 Broadway, 19th Floor
New York, NY 10004
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

James C. Sherwood
Schlam, Stone & Dolan
26 Broadway
New York, NY 10004
212-344-5400
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Niall Diarmuid O'Murchadha
Schlam Stone & Dolan LLP
26 Broadway
19 Floor
New York, NY 10004
212-344-5400
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Paul A. Batista
Paul Batista, PC
26 Broadway
New York, NY 10004
212-980-0070
Fax: [phone]
Email: [e-mail]
TERMINATED: 12/22/2010
ATTORNEY TO BE NOTICED
Designation: Retained

Richard Henry Dolan
Schlam Stone & Dolan
26 Broadway
New York, NY 10004
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Pending Counts
Disposition
STRUCTURING
(6) 24 months IMPRISONMENT; 3 years SUPERVISED RELEASE. SPECIAL CONDITIONS OF SUPERVISION: firearm prohibition. $100 SPECIAL ASSESSMENT. RECOMMENDATION TO BOP: Designation to facility capable of accommodating deft's medical needs. No fine. RESTITUTION: N/A.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
CONTEMPT OF COURT
(7) Dismissed upon government's motion.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None
Assigned to: Judge Dora Lizette Irizarry

Defendant (7)
Frank Nicolois
TERMINATED: 06/07/2012
represented by Paul A. Batista
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

John Michael Burke
John Burke
26 Court Street
Suite 2805
Brooklyn, NY 11242
718-875-3707
Fax: [phone]
Email: [e-mail]
TERMINATED: 11/23/2010
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
STRUCTURING
(6) 16 months Imprisonment; 3 years Supervised Release w/Special Conditions: 1. Firearm prohibition; 2. No contact with co-deft Cavanagh; 3. Maintain F/T verifiable employment; 4. and make full financial disclosure. $100 Special Assessment. No fine.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
CONTEMPT OF COURT
(7) Dismissed.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

Interested Party
Patrick Sullivan
represented by Gary S. Graifman
Kantrowitz Goldhamer & Graifman
Suite 200
747 Chestnut Ridge Road
Spring Valley, NY 10977
845-356-2570
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
USA
represented by Ilene Weininger Jaroslaw
United States Attorneys Office
Criminal Division
271 Cadman Plaza East
Brooklyn, NY 11201-1820
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Patrick Sean Sinclair
United States Attorneys Office
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201-1820
718-254-6402
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Roger Anson Burlingame
Kobre & Kim, LLP
60 Gresham Street
London Ev2v 7bb
London, UK 00000
UNITED KIN
212-488-1200
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Brian D. Morris
United States Attorneys Office
271 Cadman Plaza East
7th Floor
Brooklyn, NY 11201
718-254-6512
Fax: [phone]
Email: [e-mail]

Jeffrey A. Goldberg
United States Attorneys Office
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201-1820
[phone]
Fax: [phone]
Email: [e-mail]
TERMINATED: 05/11/2012
ATTORNEY TO BE NOTICED

Nathan Daniel Reilly
United States Attorneys Office
Eastern District of NY
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6196
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

William E. Schaeffer
United States Attorneys Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6059
Fax: [phone]
TERMINATED: 07/26/2011
ATTORNEY TO BE NOTICED

https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl