<93. David Bomart does not exist and is not an attorney licensed to practice law in New York. There also is no law firm named “Bomart, Cone & Rolland,” Bomart’s purported law firm. Moskowitz knew that David Bomart did not author the nine “Bomart” attorney opinion letters he sent to Olde Monmouth.

94. After counsel for Olde Monmouth expressed concerns about the authenticity of the “Bomart letters” to Moskowitz, including that the Bomart correspondence letterhead bore Moskowitz’s fax number, Moskowitz assured Olde Monmouth's lawyer that Bomart existed and that he worked out of Moskowitz's office on occasion. Moskowitz then offered to set up a conference call between counsel for Olde Monmouth and “Bomart.” On the day of the scheduled teleconference call, Moskowitz abruptly fired Olde Monmouth.

No further “Bomart” opinion letters were issued.

"nothing damning."

Moskowitz PLEADED GUILTY to these facts as Counts One and Two of the indictment. He also is fully liable for the SEC civil judgement and civil forfeiture on these facts.

He has never denied them in any court filing. Not even once. He did plead guilty to them in court.

He is going to prison for them - with Count Two being based on the Bomart (Moskowitz) fake letters - which he pleaded guilty to.

Not once the wire transfers clear to an offshore bank that is not subject to US jurisdiction. Then it is typically wired through several more layers of ex-US banks, which are also not subject to US jurisdiction (or subpoena), and the money is gone to Israel, Panama, Cook Islands, Nauru, or any of 20+ jurisdictions at which point traceability is lost because those countries do not require their banks to respond to requests from the US government. Panama is not hopeless, but the Cook Islands, Nauru and many others are - once the money passes there it is lost for tracing.

The SPNG shareholders' money is LONG G-O-N-E. And it ain't coming back.

Unless one sends a nice card to Moskowitz's nominees in Israel who hold the accounts where the money sits now. But one must ask them very nicely to return money, or they will likely ignore the card.

Moskowitz pleaded guilty to the Bomart letters in Count 2.

15 U.S. Code § 78j - Manipulative and deceptive devices

(b) To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, or any securities-based swap agreement [1] any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.

The emails and faxed Bomart letters are the "deceptive device or contrivance" referenced in Count 2, which Moskowitz pleaded guilty to, in addition to Count One.

Moskowitz’s “David Bomart” Opinion Letters

91. In May 2009, Olde Monmouth’s attorney received an email purportedly from Spongetech’s new lawyer, “David Bomart,” copied to Moskowitz and another Spongetech employee. In this email, “Bomart” wrote: “Let me introduce myself [sic] I’ll be handling the legal opinion for Spongetech Delivery System and R M Enterprises. I’ll be working with the Spongetech staffing the next few days to replace all of Mr. Pensley's opinion’s [sic] which after review the company didn’t forge but [sic] seems to be a monetary dispute which will be resolved in the months to come. I have know [sic] Mr. Moskowitz and the company a long time [sic] this [sic] not something they would do. So we will be replacing all of Mr. Pensley’s opinion’s [sic] who has reneged on his deal with the company. How should we proceed [sic] by fedex these opinion’s or e-mail them to you or both for your files. Thank you in advance for your cooperation in this matter, [sic] Also Mr. Moskowitz says your Transfer agent is one of the best he has worked with [sic] can I get cost information to switch some of my public companies to you. I look forward to working with you and your staff in days to come.” (Note Moskowitz's characteristic grammar and spelling errors!)

92. On the same day Olde Monmouth’s attorney received the “Bomart” email, Moskowitz forwarded to Olde Monmouth the first of nine “Bomart” attorney opinion letters. These nine “Bomart” opinion letters, which were based on Staff Legal Bulletin No. 4, led to the removal of restrictive legends from more than 100 million shares of Spongetech stock held by RM Enterprises which were later sold into the public market.

93. David Bomart does not exist and is not an attorney licensed to practice law in New York. There also is no law firm named “Bomart, Cone & Rolland,” Bomart’s purported law firm. Moskowitz knew that David Bomart did not author the nine “Bomart” attorney opinion letters he sent to Olde Monmouth.

94. After counsel for Olde Monmouth expressed concerns about the authenticity of the “Bomart letters” to Moskowitz, including that the Bomart correspondence letterhead bore Moskowitz’s fax number, Moskowitz assured Olde Monmouth's lawyer that Bomart existed and that he worked out of Moskowitz's office on occasion. Moskowitz then offered to set up a conference call between counsel for Olde Monmouth and “Bomart.” On the day of the scheduled teleconference call, Moskowitz abruptly fired Olde Monmouth.

No further “Bomart” opinion letters were issued.

The ghost ship with the missing NP-1s was last reported south of Sumatra. It might have been the rusty tub with the bootlegged MOJOs in it or it might have been a false shipping soon report. If the position reported was correct, it would have been 7-10 business days out of the unnamed Chinese port it left in December.

Or maybe the ship never existed in the first place.

Don't worry, the NP-1 will be available in the marketplace for this Christmas season and Ultraflix will debut on Superbowl Sunday.

In just 7-10 more business days expect to get another email saying in another 7-10 business days you can expect shipping of another email in another 7-10 business days.

Or just go to Fry's and pick it up in the Madcatz MOJO enclosure and do the free online firmware upgrade to KitKat 4.4 and 4K.

July blends into November blends into Christmas, then January, then Superbowl Sunday, then the Ides of March, then Easter, then Memorial day - and voila - we're back to July again!

Chart looks GREAT!!

Oh wait ...

nevermind.

3D TV is going to be HUUUGE!!!

Oh wait ...

Perhaps David Foley can fill us in on the missing proxy statements with some Real Smoke and Mirrors.

Where are the proxy statements for those who cannot attend?

Lemme guess - it's too expensive for the company to send out proxies, but the costs to send out the miniscule dividend were OK.

LOL!

Oh what a scam!!!!!

What exactly is the SPNGholders strategy for getting "the money"?

Look at all the penny scams that were as big or bigger than SPNG. CMKX was probably the biggest pennystock scam around. Shareholders made the same grand conspiracy claims than the SPNGholders are proffering now. Including the old "the government is in on the grand conspiracy" story.

Nothing ever gets the stuckholders' money back from these scams.

Might there be other miscreants besides those who have been convicted? Sure, there might be. Penny stock scams are packed with toxic financiers and money launderers.

Just like the cops cannot catch all speeders, most of the crooks get away with it. They know how to hide. They use multiple tiers of offshore trusts, corps, and even their own banks sometimes.

Unless they screw up badly and they leave a smoking gun with their name and address carved into the pistol grip, they are ghosts.

This is the reality of life and the penny stock market. 99.8 percent of penny stocks are scams and rig jobs and unless you are a very, very lucky short-term trader, "investors" are gonna lose their money and never get it back.

Hay, if stuckvestors wanna beat their heads against a wall - fine - I'll watch. I'm just observing that the only thing they wind up with are sore, bleeding heads when they finally realize the futility of it. Some NEVER realize this - which is why I mention all the other examples of similar pennystocks where some people are still banging their heads, a decade later, thinking there is a huge conspiracy and they will eventually find their money.

I would also make this observation: if one believes the government is "in on it", why would anyone then expect that using the government (courts, IRS, SEC, DOJ) would be a route to uncover the conspiracy? Isn't the government smart enough to cover up its own involvement in such a grand conspiracy and would it not be catastrophic for the government to admit that it is running penny stock scams? So if one believes the government is a co-conspirator, one should not expect the courts, agencies, or the DOJ to be a route to get anywhere.

SPNG will not be any different than all the other penny stock scams. It's over and the shouting has died down and will continue to do so over time, until this board has only a few posts a year.

Ten years (or maybe more, depending on Steven's sentence), Metter and Moskowitz will be walking the streets and SPNG stuckholders' money will still be G-O-N-E.

The SPNG scam was set up and run by Metter and Moskowitz and their vehicles like RME and A&N Consulting. Did they have others who participated in the fraud? Yep. Will all the others caught and punished? Nope.

Was justice served? No. But it never is because there is no such thing as justice - only just us to protect ourselves from being taken in by scams like SPNG in the first place.

Caveat emptor.

One of the main things coming out of NTEK has been real smoke and mirrors.

To dispel the fog.

Davey doesn't post so much anymore as DavidRFoley99 since, oh, about early April. It seems he has found other avenues to pump NTEK with real smoke and mirrors since then.

There is no jury. There is no case open. The assets were sold in a bidding process. The high bidder won. No fraud is involved.

There is no jury, no judge, no case.

The purchasing parties of the Spongetech trademarks and unsold sponges were not involved in any fraud.

"It would then be possible to have those sale of the assets reversed and returned to the company."

That is totally ridiculous. Look up "bona fide purchaser for value" - the asset sales are NOT reversible.

"Even when a party fraudulently conveys property to a BFP (for example, by selling to the BFP property that has already been conveyed to someone else), that BFP will, depending on the laws of the relevant jurisdiction, take good (valid) title to the property despite the competing claims of the other party.

This applies both to the physical property and the intellectual property (trademarks, licenses, etc.) sold by the bankruptcy trustee. Those sales are FINAL and irreversible, as the buyer was told they were asset disposable from a Chapter 7 bankruptcy liquidation and paid money - they are a BFP and are protected as the new owner, even if there was fraud from the seller.

It is not even remotely plausible.

Investors' money is G-O-N-E and it's not coming back - not even going to send a postcard. Spongetech is no more. No officers, no directors.

So here's the deal. If you BUY a copyrighted videotape or DVD, you can sell it.

If you make a personal copy from a broadcast signal or a duplicate archive of a copyrighted videotape or DVD, that copy CANNOT be sold. It is only for personal use only. You cannot GIVE it to somebody either.

But if you have bought the original copyrighted DVD, you can loan it, sell it, rent it, or give it away - but when you sell or give it, you must destroy any archive copy you have made of it. And when you loan or rent it, you must ensure that the archive copy cannot be played at the same time.

Sammy's tapes, whether taped from the broadcast or an original copyright of say Star Wars, cannot be used to stream anything to anyone unless the copyright holder grants a license for streaming. And they only do that for MONEY (upfront fee and/or royalty payments).

Simple really.

That can't be!!! Bwahahahaha!

halbaag wrote:

WRONG!!!! Simple box dimensions are enough to see this is a false statement.

Madcatz Mojo dimensions (http://www.littlegreenrobot.co.uk/phones/madcatz-m-o-j-o-review/):

130mm(w) x 114mm(l) x 50mm(h)

Nuvola NP-1 dimensions (https://www.nuvola4k.com/):

90mm (w) x 100mm (l) x30mm (h)

It looks like the enclosures are built to handle two different circuit boards. In order to fit the Madcatz Mojo circuit board inside of the NP-1, the NP-1 box enclosure width would have to be increased by at least 40 mm. That is a 55% increase!! (Eh, nope. That was WRONG.)

The length of the NP-1 enclosure would have to be increased by 14 mm. This is a 14% increase. The height is a non-issue. The Madcatz slope is implemented for aesthetic purposes. (Where'd that idea get pulled out of?) All of this being said, there is only one possible conclusion. It is impossible for the Madcatz Mojo original circuit board to be inside of the Nuvola NP-1. A design based on the Mojo? Possible. The exact circuit board? No.


So, see, he says it is impossible that the NP-1 is the MOJO motherboard put in a new enclosure. It simply can't fit! LOL!!!!!

So, no way can it be the same serial number either.

I'm sure there is an explanation for this. Just like for how buying Sammy's personal collection of VHS videotapes - like his personal copy of Star Wars - can be (1) streamed by Ultraflix to others without licensing from the owner of Star Wars rights, and (2) be converted into stunning 4K from a VHS tape.

Well, unless the point of getting the Sammy VHS tape collection was just to PR the nonsense and sell some more FoleyFamilyShares(TM) into the market to foolish penny stock buyers who believe the crapola that NTEK puts out ("Your order has been processed. You can expect shipment in 7-10 days." and "Thousands" have already been shipped to pre-orders.)

Otherwise, well, to paraphrase the excerpt above, the facts just don't fit.

"If they MOJO and NP-1 are one and the same how can a claim be made the NP-1 is missing some certifications, right?"

WRONG. Because the one thing they have different is the enclosure, which affects the radiated frequencies and amplitudes of RF noise. They have to be tested inside the enclosure for radiated RF.

"And buying that collection is not connected to the rights for that OBVIOUSLY. Come on.. "

Wow, cool. So my son can take his boxed DVD sets of Star Wars trilogies and just stream those out on his college network and sell access to the stream content.

Great! I'll tell him. Good way for him to pick up some extra cash without doing much work.

When my local TV station finds out they can use all those old Blockbuster DVDs they picked up at the liquidation sale and use them for over-the-air broadcasts, they can drop all those expensive syndication subscriptions and royalty agreements.
Nifty!

Buying a videotape or DVD allows me to broadcast it on the internet! Wild! The RIAA must be full of baloney harassing all those music sharers.

So tell me, can I get some game fobs for Namco games this way too?

BTW, VHS tapes make great 4K masters!

What were the measurements of the MOJO enclosure again?

Great! Show us the audit firm's signoff letter on the numbers and their audit for the 2013 FY.

And the specific source(s) and products sold/services rendered under contact for the $4M reported as "Media Sales".

Can't wait to see the audit firm's letter in public.

LOL!!

Dude, devices get software/firmware upgrades all the time. That's no reason not to sell the device. If you got it, you ship it and the user does the updates online.

You don't send it back to the factory to update the OS or BIOS.

Another baloney NTEK excuse for never delivering NP-1 or Ultraflix.

"Available for this Christmas season" - November 18th

"Thousands already shipped to pre-order customers." -Februry 6th

"On a ship from China - no idea when it will arrive or what port." -

"Boxes in the US warehouse." - January 21st.

"Pre-orders processed and expect shipping in 7-10 days." - March 21

"Ultraflix launches on Superbowl Sunday with 75+ feature films." -CES, January

"We have processed your order and you can expect shipment within 7 to 10 business days."

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=99687899

And tell me again the story about how I need to send my cellphone and tablet back to the factory every time I do a firmware upgrade. I like that bedtime story, Uncle.

Shajandr said:

Quote:MadCatz MOJO - a.k.a. The "NP-1" In A Different Enclosure (in ORIGINAL, not COUNTERFEIT enclosure)

then in reply halbaag wrote:

WRONG!!!! Simple box dimensions are enough to see this is a false statement.

Madcatz Mojo dimensions (http://www.littlegreenrobot.co.uk/phones/madcatz-m-o-j-o-review/):

130mm(w) x 114mm(l) x 50mm(h)

Nuvola NP-1 dimensions (https://www.nuvola4k.com/):

90mm (w) x 100mm (l) x30mm (h)

It looks like the enclosures are built to handle two different circuit boards. In order to fit the Madcatz Mojo circuit board inside of the NP-1, the NP-1 box enclosure width would have to be increased by at least 40 mm. That is a 55% increase!! (Eh, nope. That was WRONG.)

The length of the NP-1 enclosure would have to be increased by 14 mm. This is a 14% increase. The height is a non-issue. The Madcatz slope is implemented for aesthetic purposes. (Where'd that idea get pulled out of?) All of this being said, there is only one possible conclusion. It is impossible for the Madcatz Mojo original circuit board to be inside of the Nuvola NP-1. A design based on the Mojo? Possible. The exact circuit board? No.

--------------------------
WHOOPS-OOPS!!! Same EXACT motherboard. Now PROVEN. So my post back in mid-March was not wrong.

Davey's used the Foxconn Madcatx MOJO motherboard and just slapped an NP-1 enclosure on it. Just like I had said in mid-March.

Now he's even referencing the MOJO FCC test reports in the NP-1 filing! And using the MOJO's pre-existing model number from the MadCatz MOJO product itself!

"This device is sold at premium price and marketed as such but it just feel as 'yet another chinese Android HDMI stick/box' and behind the curtain, it seems to be the case: in the Play Store the MOJO is shown as "Foxconn International Holdings Limited Mad Catz M.O.J.O." ..."

http://forum.xda-developers.com/showthread.php?t=2566440

Firmware is software held in non-volatile memory - such as flash memory. You upgrade it by writing over the old software by "flashing" (writing over) the prior software in the the non-volatile memory.

This is generally done in modern devices by downloading the update and overwriting the old code with the new - such as flashing a new BIOS on a computer or cellphone. Most modern devices will even do the install mostly automatically with a minimum of need for the user to do more than click a screen button agreeing to the license agreement.

Now, would you tell us again how it is impossible for the NP-1 motherboard to be the same as the Madcatz MOJO because you measured the enclosures and - well, it just can't be according to you.

The real blockbuster will be "Superfly Busts Out The Moonshine Kingdom Rednecks"

which is in pre-production for NTEK/Ultraflix Productions. Starring Sammy Davis Jr. as "Shaft" and Jeff Foxworthy as "The Moonshine Redneck", with a cameo by Captain Dave Carraro (of the National Geographic "Wicked Tuna" series} as "Captain Dave" of the USS Hot Tuna (previously the Sewol) carrying a top-heavy load of NP-1s back to South Korea for reprogramming at the factory.