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I had until Thurs, Jan 24th, to file an appeal on the denial of my FOIA. However, the online appeal form was unavailable until after the close of business on Fri, Jan 25th.
On Monday, Jan 28th, the partial government shutdown had concluded, and the online appeal form was once again available. I will have to submit an entirely new FOIA, if I choose to go that route again. I am likely to do that.
When will JAY PATRICK BOOTH bring the donuts?
MINDY MOSKOWITZ is holding an open-pergola party and we need those donuts.
Looks like it has seen better daze. That is a candidate for the dumpster. Didn't age well for only 10 years old. Looks like the polymer it's made of has oxidized badly. Prolly is brittle too now.
Only SPNGQ defrauded shareholder-victims getting any munny ain't never happening. The restitution list is closed. All shareholders who recovered any munny were on that list. The rest gett bupkis.
BTW, the pergola that STEVEN MOSKOWITZ had built for Mindy is looking fine. This Spring he's having a facade done on the front of their home in Flushing new Kew Gardens so it will look like a really bad imitation of the Alamo.
Mindy is also getting a PET scan ... for their dawg, Moses Mookie. They are putting him through a JFK airport scanner. He swallowed STEVEN's dradle.
STEVEN thanks the SPNGQ victims for the munny that is making this possible for him.
From June until October, I was repeatedly trying to get the SEC to answer questions in regards to disgorgement. This included the submission of a FOIA request in July which read, in parts, as follows: "Under certain circumstances, I believe that transferring disgorged money to the federal government, instead of returning that money to the investors from whom it was stolen, is nothing less than a conversion of shareholder funds. The circumvention of other investor rights may also rise from this practice...It is my objective to trace these transferred funds through disbursement by the federal government, and to inform the public of my findings."
(Re: Freedom of Information Act (FOIA), 5 U.S.C. § 552
Request No. 18-02641-FOIA)
I ultimately received an adverse determination from the SEC, and I have a right to appeal that decision by January 24, 2019. I have not decided whether to file an appeal, or to simply file a new FOIA, or to take some other course of action.
A bit of the back and forth discussion I had with the SEC is discussed by the SEC's research specialist in her determination letter. "By email dated September 28, 2018, I (the SEC research specialist) memorialized a
telephone conversation that we had on that same day, where you
were advised that your response failed to clarify the records or
information that you are seeking relating to “disgorgement” for
“2008 till present.” You responded by email on October 9, 2018,
asking multiple additional questions, but still not clarifying
what records you wanted. Your email also stated that “I want to
know all details regarding the SEC's recovery of funds stolen from me, and what the SEC has chosen to do with the funds they
have recovered, which should have been returned to me.”
Anyway, that process took up the last half of the year, for the most part. And it will take all the time going forward that it needs to take.
This Thanksgiving, MINDY MOSKOWITZ gives thanks for the pergola that hubby STEVEN YEHUDA MOSKOWITZ paid for with the funds he swindled from JAY PATRICK BOOTH and other SPNGQ shareholder-victims.
Mosky's next trick will be putting a facade on his Flushing hovel so that it looks like a double-wide trailer with an Alamo fronting.
So many sheckels and so little time to spend it all.
When will JAY PATRICK BOOTH bring the pork chops to the SPNG shareholder-victims?
All hat, no cattle.
Jay Booth will save all SPNGQ investors and get them full refunds plus interest. In fact, he will gett a judgement for all of their expected profits as well. The SEC will pay for all the losses and lost profits claims.
Jay's latest sternly worded letter is almost ready to send. All that is needed is for shareholder-victims to set up a GoFundMe to pay for an envelope and a stamp.
Jay Booth is still working on it.
shajandr Tuesday, 06/06/17 03:17:07 AM
Re: cowtown jay post# 346346
Post # of 346530
Bummer for you, dude. No munny ever comin' from SPNG fraud to you. SPNG died in 2010 - 8 years ago.
https://www.washingtonpost.com/politics/courts_law/supreme-court-rules-to-limit-sec-power-to-recover-profit-from-fraud/2017/06/05/13fc02b8-4a02-11e7-a186-60c031eab644_story.html
The Supreme Court on Monday unanimously limited the federal government’s power to recover the profits made from illegal behavior.
Justice Sonia Sotomayor wrote that the Securities and Exchange Commission must abide by a five-year statute of limitations in seeking “disgorgement” from those whose fraudulent actions resulted in illegal profits.
It is a favorite tool of the federal government; in recent years, the SEC took in nearly $3 billion in disgorgements, more than double what it received in penalties, according to court filings.
The question for the Supreme Court was whether disgorgements were a form of a penalty, which is subject to the statute of limitations, or a remedy for unjust enrichment that simply restores the offender to the situation he would have been in if he had not acted illegally, as the government claimed.
It appeared not to be a close call to the justices.
“SEC disgorgement bears all the hallmarks of a penalty: It is imposed as a consequence of violating a public law and it is intended to deter, not to compensate,” wrote Sotomayor, who noted that the money received often goes to the government rather than victims of the fraud. “The 5-year statute of limitations therefore applies when the SEC seeks disgorgement.”
It was one of the first cases heard by new Justice Neil M. Gorsuch after he was sworn in in April, and he joined his new colleagues in overturning a decision from his old court, the U.S. Court of Appeals for the 10th Circuit in Denver.
The case was brought by Charles R. Kokesh, a Santa Fe, N.M., businessman who was convicted of misappropriating money from four investment companies he controlled from 1995 through 2009 and using the proceeds for a lavish lifestyle.
A judge in 2015 ordered him to pay a $2.4 million civil penalty. But because the SEC has interpreted disgorgement to have no time restraint, the judge said Kokesh must also pay $35 million, the calculated amount of illegal profits dating back to the initiation of his illegal behavior.
With a five-year limit, Kokesh’s disgorgement would be reduced to about $5 million.
Dixie L. Johnson, a securities enforcement lawyer in Washington, said the ruling “shatters” the SEC’s view of disgorgement.
“Those who previously paid disgorgement purportedly for ill-gotten gains more than five years after the relevant violation will be reviewing their situations against this case to determine whether the disgorgement award should have been allowed,” she said in a statement.
My efforts do, indeed, continue. My current effort has been underway since July 5th.
Yes, indeed. Jay Booth will obtain huge financial rewards for all the poor SPNGholders.
Bwahahahahaha!!!
Mosky and the Mutt will turn it all around eventually. Patience grasshopper.
ATTENTION ALL SPONGERS!!!!!!
Your munny remains G-O-N-E. It will remain GONE forever.
Nott comin' back.
Won't even send a postcard.
Nuffin 4U.
ATTENTION ALL SPONGERS!!!!!!
Your munny is G-O-N-E.
Nott comin' back.
Won't even send a postcard.
Funny to see that board still active.
Fallen to this scam years ago
ATTENTION ALL SPONGERS!!!!!!
Your munny is G-O-N-E.
Nott comin' back.
Won't even send a postcard.
Absolutely totally a different thing.
Especially in size. In this one $100K in to it the guy was busted and done.
And believe it or not doesn't seem anyone was arguing against the SEC that others were trying to destroy their great company, etc., etc, - and siply too the advice and the scam failed.
Sorry, that case is nott related in any way to SPNG.
A Final Judgment in this related case was entered today. A penalty equal to the amount of disgorgement, plus interest, was imposed.
What will become of the money recovered? The SEC "...reserved issues relating to monetary relief for subsequent determination."
https://www.sec.gov/litigation/litreleases/2018/lr24167.htm
The SpongeTech story hasn't even begun to be told.
cowtown jay, the Spongetech story has been complete for a long time now.
Good luck.
I'm anxiously awaiting tomorrow's release of the DOJ IG Report. Of particular interest to me will be any details regarding Loretta Lynch and lack of enforcement, issues relevant not only to the Clinton case, but to SpongeTech's case, as well.
Totally agree! 10/10. Anybuddy who could nott see the obvious scam that SPNG was - after all the REDD FLAGGS and obviously nonsensical sales figures for some gottdammpt SPONGES frankly should stick to bank saving accounts and a piggy bank.
Nobuddy with a lick of common sense could possibly have bleeved SPNG was legitimate. So the peeps in the stock were simply playing the gambler's game of flipping known crap to sumbuddy else at a higher price - the hot potato game a/k/a the musical chairs game. And then the SEC and DOJ showed up one fine morning and suspended the turdstock and arrested the CEO and CFO ... and the flippers playing the 'greater fool' game lost it all. As they should have.
STEVEN YEHUDA MOSKOWITZ and MICHAEL METTER hauled enuff jack from this rig job/scam that they're both set for life. Mosky stashed his cash in Switzerland and Israel in names of family members and friends. Metter likely stashed some of his haul in Switzerland too. Good for them - they took it from the greedy pennyflippers for the most part, and from people who can't manage munny and would have just lost it in some other pennyscam or investment swindle anyway.
STEVEN YEHUDA MOSKOWITZ recently used some of the haul he made from the greedy flippers to pay for the building of a pergola for his wife in their backyard in Flushing. He knows how to take care of his fambly and nott squander his munny foolishly chasing pennyscams and playing musical chairs flipper games.
Munny always seeks stronger and wiser hands - natural selection. Those who gott scalped by SPNG gott culled from the herd of investors, as it should be - and is.
Thank you Mosky and Mike. I will be forever grateful for the new SUV I bought through your brilliant tactics. Hope you stashed away enough for years to come. You deserve it for pulling it off and walking away. Pure genius.
STEVEN YEHUDA MOSKOWITZ is enjoying his Memorial Day Weekend sitting with his wife in the new pergola that SPNG shareholder-victims paid for with their LOST MUNNY.
Meanwhile, the contractors should finish a new front porch with a gabled roof on the MOSKOWITZ's Flushing hacienda.
Ahhhhh ... life is good for STEVEN YEHUDA MOSKOWITZ and MINDY. That swindled SPNG munny makes their lives so much easier and more interesting.
I can't believe this board is still around. I remember buying a car with the money I made off this scam.
ATTENTION ALL SPONGERS!!!!!!
Your munny is G-O-N-E.
Nott comin' back.
Won't even send a postcard.
METTER and MOSKOWITZ are enjoying spending the tens of million$ of Dollars they swindled from the conned SPNG shareholder-victims.
Uncle Norman still has a garage full of the soap-infused sponges he bought from the handful of test stores that Walgreens stocked with them. Uncle Norman has a 900 year supply of pre-soaped sponges.
MOSKOWITZ is using some of his booty to have a pergola built in the backyard of his Flushing home for his wife.
SPNG shareholder-victims should write directly to STEVEN and MIKE to ask for their munny back. That's the only chance left.
Butt at leased STEVEN YEHUDA MOSKOWITZ hadd enuff munny from the SPNG scam to gett a potentially life-saving medical procedure: bariatric surgery.
Seems nott to have worked on Chris Christie though. Butt worked for STEVEN YEHUDA MOSKOWITZ (a/k/a DAVID BOMART). He used SPNG munny to save his life.
Oops.. that as I have one too and appreciate so many don't understand sarcasim especially...I confess that I didn't.
Of course, in here on this few have shown any humor....and in fact the course you were on - many had gone down extensively in the past in all seriousness!
I'm hoping that you realized that my post was made in jest.
You responded to my post so I'm a bit confused.
GLTY
what is so funny is that the guy that is the big "complainer" for years now, was pumping the SPNG stock during 2009-10 with all the fraudulent information provided by SPNG
Yes a form NT was filed. It is a form to be granted 15 days more to file the required 1q-K....which never was and absolutely has NOT been under review by anyone for the last years....IT DOES NOT EXIST.
Oddly, it was after even that tell tale action that most of the P&D occured. With not only the same type but frequently the same people swearing how everyone was out to get this great company that they were to become a Sponge Millionaire on.....
Many of their comments based on releases as you say - but on a "newswire" (PRN and associates) that actually claims to be an advertising source and not providing any official information. And most of the time by nameless postings on Boards like this claiming all types of things. The company was careful to issue only tempered claims about things that were generally hoped for the future But one needs to read more than the headline.
Still it seems so many want to believe everyone else is responsible for them having made a bad investment based on bad information from bad sources. And more wildly claim - everyone that advised them that what was going on or failed to find a way to stop them from doing it was negligent by someone allowing themselves to make a dumb decision and certainly because the recourse and actions weren't enough to satisfy.
in 2009 criminal enterprise SPNG filed an NT 10K stating that they expected revenues for the year to be around $50 million, where in reality revenues were only in the $200,000 range
that 10K was never filed
They also issued pump PR's stating that they were receiving orders in the area of $70 million per quarter
all fraudulent, of course
I think Clinton's and Obama's stooge, aka Loretta Lynch, WAS willfully negligent in this case
Lynch and Comey have already taken the fall for their gross negligence in regards to Spongetech.
Who will be the next to fall? Will it go all the way up to DJT as some suspect?
The rumor I'm hearing is that the SEC is almost finished with their review of the 10-K. 9 years of review is not unusual when billions are at stake.
Staying tuned!!!!!!!!!!!!!!
Actually, I think Clinton's and Obama's stooge, aka Loretta Lynch, WAS willfully negligent in this case. We'll see.
And now the munny is all G-O-N-E, never to return.
I had around 125k shares. Pooooooooof
The problem in the sponge tech case was Loretta Lynch. Complete incompetence and absolutely no oversight.
Berta, thanks for the laugh. To think the SPNG principals were tremendous businessmen selling millions in product vaporized once the curtain was pulled back.
Good luck.
Jay Booth should sue Mosky in Peoples Court. It's the only way for SPNG victims to ever hope to recover even a penny. No other hope remains.
In a search for a contractor to replace my roof I had 5 estimates provided from 5 different companies. STEVEN MOSKOWITZ of Renovex LLC gave me the best price by over a couple thousand dollars. This was too good to pass on, so I hired Renovex to do the job.
Steve immediately demanded 60% of the cost to be paid upfront. I was hesitant so I told him once the material arrives on site I would give him the 60%. He rudely told me "I am not a bank, and I won't lay out that kind of money." We eventually came to an agreement. The following day, 80% of the material arrived and so I paid him in good faith. That was my second mistake. My first mistake was hiring him in the first place. I was initially promised that the entire job would be completed in 3-5 work days. Over the course of 3 weeks I've heard one excuse after the other. It went from bad weather (which never came) to family emergencies, to sick days (6 in a row, with no communication) This company left my roof unprotected which lead to a semi-major leak in multiple areas of my home. I am currently in the process of filing a claim against his insurance, which I'm beginning to think is fraudulent. I have gotten no where. After over three weeks from the start date they were only competent enough to complete 45% of the job. I had finally had enough of the excuses and contacted Steve. I told him I have no other recourse at this point. I need to hire someone else to complete the job. His response was, "Why didn't you tell me that my workers haven't been there in over 5 days? You are just trying to steal my materials and I will see you in court!" As if I'm responsible for managing his labor force. Save yourself the headache, don't use Renovex LLC for ANYTHING! It was a waste of my time and money in the long run. It was the least professional management I've ever dealt with in my entire life. PLEASE DON'T BE TEMPTED BY THE LOW COST, IT IS A FACADE THAT IS WELL WORTH AVOIDING!
Ross G. and 1 other voted for this review
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