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What have I missed since 2010 in that "global settlement"? That is what I am asking you to tell us ...
GailsWaters, give us an update and status report on where this matter ("global settlement") is now that it's more than three years later - where are those great legal minds today? (still waiting for that update!):
GailsWaters
Thursday, May 20, 2010 7:22:17 PM
Re: None Post # 162947 of 168660
Hodges and Associates Update
We have, as many have speculated, confronted a serious headwind to obtaining Economic Receipt. In my continuing efforts to resolve this matter I have recently communicated directly with the President of the United States. Although it was not my original intention to share this correspondence, it now seems prudent and necessary to do so. The letters are set forth below the next paragraph; they should be self-explanatory.
Earlier this afternoon I also sent the following to my associates in London:
“I have attached several letters which I have recently had occasion to have delivered to the President of these United States. They are, I believe, self explanatory as to what continues to take place in this land, which continues to frustrate the completion of distribution of the World Global Settlements. These Settlements, of course, includes monies for the US Dollar refunding project as an integral portion.
I believe the British Monarch needs to be aware of the exact cause of the continued delay in concluding this matter. It lies squarely in the Whitehouse in Washington, D.C. Your cooperation and assistance is hereby solicited; please ensure that Her Majesty, and other interested Monarchal parties, are advised of the circumstances which pertain. To that end, please feel free to make such use of these letters as may in your sole discretion be required.”
I took this action because the British Monarch is as anxious as many Settlement payees to have this matter resolved; accordingly, she is an ally and needs to be kept up to date regarding what’s actually transpiring.
TEXT OF LETTERS
May 14, 2010
MOST URGENT VIA FACSIMILE ONLY
Honorable Barack Obama
President of the United States of America
Whitehouse
Washington, D.C.
Dear Mr. President:
I write to you this morning because people within your current administration continue to frustrate dissemination of the World Global Settlements; I am advised today that Mr. Leon Panetta participated in this act on May 14, 2010. I represent some 50,000 shareholders who are to be paid a settlement which consists mainly of monies collected from banks, brokerages, hedge fund corps, market makers, the Depository Trust Corporation/Federal Reserve, and various billionaire “naked-shorter” individuals, as well as some monies due from the SEC for damages. These various monies collected have been held far longer than they should have been, and were swept into the World Global Settlements, thereby delaying payment even further. Taxes were paid into the U.S. Treasury due on these “Settlements” on December 30th and 31st; distribution of these settlement funds could not legally be withheld past midnight of February 14th, 2010.
The continued holding of these settlement funds results in the violation of more laws such as “banking fraud,” “trust fund violations,” and, in times of war, “International Financial Terrorism.” These charges are not at the discretion of the government to overlook in the name of withholding monies that are not its property, nor its right to hold – especially given that now the Treasury is in “DEFAULT” and owned in large part by the Chinese government.
I am aware you have issued an “Executive Order” giving the diplomatic parties of Interpol, the Chinese, the Swiss, and the U.K. (MI6), the means to enforce, with all due power, dissemination of the “Settlements.” They clearly are relying on your power to assist this effort and to stop cabinet members of your staff and CIA factions from blocking the Global World Settlements. They are relying on you to exhibit your inherent Presidential character such as integrity and respect for the law, and to recognize the gravity of delaying such an important event intended to rescue not only the immediate US banking community, but to support a recalibration and refitting of various currencies and economies on a world scale necessary to abate the global collapse of economies everywhere.
We are all well aware of the “derivatives,” the Ponzi schemes of the Federal Reserve creating debt out of thin air, the real estate debacle of SIV’s and CDO’s, the “Naked Shorting” in the stock market, and the market’s overall vast manipulation for the profit of the few. The global economy needs these “Settlements” to initiate recovery, and to switch to the new asset-backed US Treasury dollars.
Mr. President, the people elected you for reasons of your promises, your apparent integrity, your conviction to help the American people uphold justice, and to return this Nation to its pre-eminent world status. Please use your good offices to ensure these “Settlements” are disseminated without further delay.
Sincerely,
HODGES AND ASSOCIATES
A. CLIFTON HODGES
ACH/gm
Cc: Lindell H. Bonney, Sr.
Clients
Bwahahahahahaha! Whatcha been smoking, Junior? Ben's gibberish is a farce and will be circular-filed (again) in short order. Not a bit of it makes a whit of sense.
Drop acid much?
Wow, what complete nonsense - gibberish. Is Ben in Butner because of a mental issue or physical? If he's not just out-and-out bonkers, he really needs to get one of the many jailhouse lawyers (and there are plenty of lawyers in the Federal prisons!) to advise him and try to set him straight. It's possible he is jeopardizing any legitimate appeal with this crapola. And he certainly isn't building any goodwill with the appellate court.
Wow, just wow.
Futures and options CONTRACTS are NOT stock shares. Naked short selling of CONTRACTS is possible, as their is no LIMIT on how many CONTRACTS can be written - but there is a limit on the number of AUTHORIZED SHARES OF STOCK in a corporation that is publicly listed.
However, if the corporation manangement is CROOKED, like MOSKOWITZ at Spongetech, they can try to blame "naked short sales" to conceal their ILLEGAL printing of stock shares and ILLEGAL fake, phony opinion letters from non-existent lawyers like MOSKOWITZ'S "DAVID BOMART" to a transfer agent to release ILLEGAL, RESTRICTED NEWLY MINTED SHARES for ILLEGAL sales into the market.
Citing a case of naked short sales of CONTRACTS is completely irrelevant to STOCK sales, whether short or of UNREGISTERED, ILLEGAL shares of STOCK.
Apples and oranges, beddah.
Friday, April 22, 2011 11:52:58 AM
Re: None
Post # of 342191
SEC's JEFFREY TAO said Moskowitz is guilty, NOT ME.
Agnes DINA and NORMAN Moskowitz are behind and PROTECTING the person Tao says is guilty of stealing me $9K.
I have ALL THE RIGHTS IN THE WORLD to ask them ALL the questions I want.
Anyone has NORMAN or AGNES DINA Moskowitz E-MAIL.
Give me their e-mail address. Stop PROTECTING those who Tao say are guilty of stealing my $9K.
I'd like to ask them a couple question on the indictment and their bailee while he's wasting everyone's time continuously on Holiday.
NORMAN or AGNES Moskowitz are the reason why Mr. Moskowitz is a free person (i.e. they paid his $2 MILLION bail)
I have questions to ask them
Doris Izarry and her court are not the US Bankruptcy judge and court - that is Bernstein. Izarry has no authority or ability to change bankruptcy law claim priorities. The Spongetech bankruptcy is not in her court and her court has no bankruptcy jurisdiction in the matter.
Rufus Paul Harris will be evicted from Federal prison on June 7th, 2031, assuming he doesn't get caught committing further crimes in prison. Then he will have to get a real job and start to earn his own upkeep. No more free food, showers, clothes, and bunking on Uncle Sam's dollars. He will be 63 when he gets out of prison. Both age and IQ.
Rufus is hearing-impaired.
Among his other impairments - he's logic-impaired, honesty-impaired, and knowledge-impaired.
For his sake, he'd better have written a much, much better appeal brief than the crapola that Ben Stanley submitted in his filing that was just dismissed. Wow was that worthless!
Hearing? I don't see any hearing scheduled. PACER only mentions a calendar date for the matter. That is NOT a hearing. It is likely an internal date for the CA to have an internal status report and perhaps a scheduling conference to set dates for opposition brief(s) and reply brief(s).
GailsWaters, give us an update and status report on where this matter ("global settlement") is now that it's more than three years later:
GailsWaters
Thursday, May 20, 2010 7:22:17 PM
Re: None Post # 162947 of 168660
Hodges and Associates Update
We have, as many have speculated, confronted a serious headwind to obtaining Economic Receipt. In my continuing efforts to resolve this matter I have recently communicated directly with the President of the United States. Although it was not my original intention to share this correspondence, it now seems prudent and necessary to do so. The letters are set forth below the next paragraph; they should be self-explanatory.
Earlier this afternoon I also sent the following to my associates in London:
“I have attached several letters which I have recently had occasion to have delivered to the President of these United States. They are, I believe, self explanatory as to what continues to take place in this land, which continues to frustrate the completion of distribution of the World Global Settlements. These Settlements, of course, includes monies for the US Dollar refunding project as an integral portion.
I believe the British Monarch needs to be aware of the exact cause of the continued delay in concluding this matter. It lies squarely in the Whitehouse in Washington, D.C. Your cooperation and assistance is hereby solicited; please ensure that Her Majesty, and other interested Monarchal parties, are advised of the circumstances which pertain. To that end, please feel free to make such use of these letters as may in your sole discretion be required.”
I took this action because the British Monarch is as anxious as many Settlement payees to have this matter resolved; accordingly, she is an ally and needs to be kept up to date regarding what’s actually transpiring.
TEXT OF LETTERS
May 14, 2010
MOST URGENT VIA FACSIMILE ONLY
Honorable Barack Obama
President of the United States of America
Whitehouse
Washington, D.C.
Dear Mr. President:
I write to you this morning because people within your current administration continue to frustrate dissemination of the World Global Settlements; I am advised today that Mr. Leon Panetta participated in this act on May 14, 2010. I represent some 50,000 shareholders who are to be paid a settlement which consists mainly of monies collected from banks, brokerages, hedge fund corps, market makers, the Depository Trust Corporation/Federal Reserve, and various billionaire “naked-shorter” individuals, as well as some monies due from the SEC for damages. These various monies collected have been held far longer than they should have been, and were swept into the World Global Settlements, thereby delaying payment even further. Taxes were paid into the U.S. Treasury due on these “Settlements” on December 30th and 31st; distribution of these settlement funds could not legally be withheld past midnight of February 14th, 2010.
The continued holding of these settlement funds results in the violation of more laws such as “banking fraud,” “trust fund violations,” and, in times of war, “International Financial Terrorism.” These charges are not at the discretion of the government to overlook in the name of withholding monies that are not its property, nor its right to hold – especially given that now the Treasury is in “DEFAULT” and owned in large part by the Chinese government.
I am aware you have issued an “Executive Order” giving the diplomatic parties of Interpol, the Chinese, the Swiss, and the U.K. (MI6), the means to enforce, with all due power, dissemination of the “Settlements.” They clearly are relying on your power to assist this effort and to stop cabinet members of your staff and CIA factions from blocking the Global World Settlements. They are relying on you to exhibit your inherent Presidential character such as integrity and respect for the law, and to recognize the gravity of delaying such an important event intended to rescue not only the immediate US banking community, but to support a recalibration and refitting of various currencies and economies on a world scale necessary to abate the global collapse of economies everywhere.
We are all well aware of the “derivatives,” the Ponzi schemes of the Federal Reserve creating debt out of thin air, the real estate debacle of SIV’s and CDO’s, the “Naked Shorting” in the stock market, and the market’s overall vast manipulation for the profit of the few. The global economy needs these “Settlements” to initiate recovery, and to switch to the new asset-backed US Treasury dollars.
Mr. President, the people elected you for reasons of your promises, your apparent integrity, your conviction to help the American people uphold justice, and to return this Nation to its pre-eminent world status. Please use your good offices to ensure these “Settlements” are disseminated without further delay.
Sincerely,
HODGES AND ASSOCIATES
A. CLIFTON HODGES
ACH/gm
Cc: Lindell H. Bonney, Sr.
Clients
Poor Ben, all that poorly-written verbal hand-waving and the photocopying charges were for naught - just to see it tossed into the circular file. His time and money would have been better spent trying to get one of his fellow prisoners to smuggle in a small rock hammer for him. :)
As for Roofie not having an appeal filed on PACER yet, there are several likely explanations:
(1) he filed his appeal with a secret FISA court and the NSA and Federal Reserve have requested that it be kept under seal so as not to blow the lid off a worldwide conspiracy and pending global settlement regarding repricing the Iraqi Dinar;
(2) Roofie is still trying to find someone in prison with him who can read and write and is willing to do some fiction writing for him in exchange for sexual favors and some hand-scrawled UCC notes on toilet paper;
(3) he's delaying as long as possible because the food he's getting in prison is far better than the crapola he was getting fed at home and the sex is better too;
(4) Roofie is waiting for Ed Snowden to get to Venezuela and find the missing bonds!
Only 6547 days to go.
Only 6549 days to go before Roofie is kicked out of prison and has to get a real job as a convicted felon at age 64.
He could bag groceries at Piggly Wiggly. He could work at a car wash. He could wash dishes and pans at a restaurant.
With only 6549 short days to go, Roofie should start learning the skills for his next career.
Somebody has to take the fall for Spongetech. It is too high profile, too many people lost money, too much press attention, too much money lost for the DOJ not to pin somebody to the wall - and with Metter gone, that leaves the FOUNDER, Steven Moskowitz.
Unless he can cough up a much bigger fish and get them convicted, Mosky will be going in the hole for a very long time. He and his lawyers know this than that is why they are playing for time before sentencing and claim to look for anything that would be that big fish he needs. Because once he goes in, it will be a long time if ever before he will be coming out. If he can get a bigger fish convicted, he might get as little as 6-10 years - that is his best hope.
For the DOJ, somebody has to pay for these crimes or the DOJ will lose face (especially after they blew the case against Metter). Unless Mosky finds somebody much bigger and gets them convicted, he will be the one who pays the big price for the DOJ to get their glory.
Remember, while the DOJ lost all their leverage on Metter when the computer records were excluded by the judge so they had to bargain with Metter to get him to plead, they already have Mosky convicted on securities fraud (20 year max sentence) and they don't need to negotiate with him at all anymore.
Mosky already rolled over and ratted out the minor players like Tepfer and Speranza. He's out of tricks now that Metter walked. And when Mosky gets to prison and the word gets out that he's a rat and rolled over on his co-criminals and wore a wire, he's going to be doing some very unpleasant time. Rats in prison are treated like chimos (child molesters).
None of the charges against Moskowitz have been dismissed with prejudice. In fact, all the counts remain pending except the securities fraud count he pleaded guilty to presumably as part of a secret, sealed plea agreement.
Note carefully that none of the counts had been dismissed in any court paper - not by action of the court, and while the guilty plea to the securities fraud charge was accepted by the court, the court DID NOT dismiss any of the counts not did the Dept of Justice move to have any counts dismissed.
Why? Well because the secret, sealed plea agreement likely only provides for the DOJ to move to have certain of the remaining counts dismissed with prejudice IF Moskowitz is able to yield up other big fish criminals and they are convicted. That obviously did not happen with the targeting of Metter by having Mosky wear a wire - Metter didn't cough up evidence that led to a major conviction of him, so Metter skates and Mosky didn't provide a scalp of Metter the DOJ can tout. Unless Mosky is able to actually provide evidence that leads to high-profile major convictions of big fish, it is likely the DOJ will move forward with the prosecution of the remaining counts (which are still pending before the court) and they already have pocketed his conviction on the securities fraud count - the fact of which can also be used against him in the prosecution on the other counts if Mosky takes the stand.
Now, some ask why did the DOJ select the securities fraud count rather than perjury as the one to have Mosky plead to first - as a prerequisite for them to even entertain a contingent plea agreement. That answer is simple. The plea agreement likely calls for Mosky to cooperate in the prosecution of others (e.g., Metter) and it would be counterproductive to the DOJ's goals if they needed Mosky to testify regarding, for example, the wire he wore and the taping of Metter, when Mosky could be cross-examined by the defense and point out that Mosky should not be believed because he is already convicted of perjury. So they chose a less inflammatory count - securities fraud - which would be less injurious of Mosky's credibility as a witness than would a conviction of perjury.
SO, take home the following lessons:
(1) none of the counts against Moskowitz have been dismissed, but the securities fraud count is resolved by a guilty plea (with a potential 20 year sentence). The other counts remain pending but may be the objects of a contingent plea agreement which is sealed. Mosky's guilty plea to SECURITIES FRAUD cannot be withdrawn - and he will be SENTENCED. A plea agreement cannot specify the sentence he will get - that is up to the judge entirely - all it could do is have the US Attorney RECOMMEND A DOWNWARD DEPARTURE from the mandatory sentencing guidelines - which for a $52 million dollar stock fraud will be a stiff sentence as the sentencing guidelines use the amount of money defrauded in the calculation of the sentence.
(2) The DOJ had Mosky plead guilty to securities fraud because that still has the maximum sentence of any count yet it is less injurious than perjury (which has a shorter maximum prison term) that could be used to impeach Mosky as a witness for the government in prosecution of others.
(3) If Mosky is unable to deliver any significant convictions of any big fish, the plea agreement likely allows the DOJ to move forward on certain or all of the remaining pending counts.
If you persist in believing that any counts against Moskowitz have been dismissed with prejudice, then please provide the court paper that shows that the remaining counts have been dismissed by the court. You will find no such document.
Why is Moskowitz not yet sentenced? Likely because his lawyers are still telling the DOJ that Mosky can deliver one or more of these big fish convictions, so they should wait. It is essentially Mosky buying time before he goes to prison for a long time. Eventually, the DOJ will tire of the delay if no big fish are landed and Mosky will then be facing not only sentencing on the securities fraud conviction, but also a trial on the remaining counts as well.
Rufus rots in prison writing new Venezuelan bonds and fake UCC notes on rolls of two-ply paper stored securely in the prison toilet stalls. They mature in 2031, unless flushed first.
He and a few of the other inmates take turns playing "hide in the broom closet" with each other then head to the showers to clean up.
Anybody can file a complaint. I can file a complaint claiming you stole my Mars rocks and are hiding them on Pluto.
But without evidence and proof - these useless cases go nowhere.
The reason SPNG is bankrupt is because there was not the $70 million in sales revenue - so they are insolvent. Sales were minimal and expenses were high - with advertising to sell STOCK SHARES and to pay for stooges to buy the nominal product off store shelves to make it look like there were real sales.
If a company is profitable and not just in the business of SELLING NEWLY PRINTED SHARES, no amount of shorting can cause bankruptcy. You could drive the share price to zero and it would still be a profitable company.
Spongetech's sales were minimal. That is the reason they are in liquidation bankruptcy - not even eligible for Chapter 11 reorg because it never was a viable business.
I have an idea for a non-fiction story: Rufus rots in prison until 2031 then gets kicked out at age 64 to go find a real job - like bagging groceries at Piggly Wiggly or some other parolee half-way house job. Miraculously, he never locates the Venezuelan bonds and instead locates his food stamp EBT card.
"I can tell you a lot about this company but it would take a 400 page novel to do the story justice"
Yes, it would indeed be a novel - pure fiction
"Players who swooped in during 2009 to drive the company into BK"
WHAT??? How can a short-seller drive a company into bankruptcy unless it is nothing other than a share-selling scam?
Revenues come from sales - REAL sales - of which Spongetech had very. very little. If they really ahd $70 million in sales in one quarter, they would not have had any reason to be bankrupt.
Shortsellers don't keep people from buying sponges. And they cannot drive a profitable business into bankruptcy.
What nonsense.
Every scheme in the book has been tried by the NSS unicorn hunters to cause a fictional NSS squeeze - from the old standby scam of pulling certs to spinning off new stock in a spinoff corp as dividends that a supposed NSS would not have access to deliver (thus forcing a cover before spinoff share dividend distribution).
Guess what - none of these schemes has ever worked - because the NSS unicorns are just that - unicorns.
These are plain penny stock scams. No matter how many lawsuits are filed and dismissed for lack of evidence nor how many failed schemes to squeeze the mythical unicorns - nobody can show an actual unicorn.
OPTIONS contracts are not shares of stock. There is no registered transfer agent for OPTIONS contracts, and thus OPTIONS contracts can be naked shorted. STOCKS cannot.
Thus nobody can ever find the unicorn, because the unicorn does not exist.
Horses do. Zebras do. But unicorns are not horses or zebras, and stocks are not options or futures contracts.
Selling short against the box. Holders of restricted 144 shares often use offshore or Canadian brokerages to sell short against their restricted 144 shares. This is called shorting the box (the 144 shares are "in the box") and is a synthetic sale of a long position, but it shows up as a short sale on SHO.
The 144 shareholders who shorted the box would appear to uneducated people as the unicorn "naked shorts" when they look at SHO numbers or blue sheets.
Every scheme in the book has been tried by the NSS unicorn hunters to cause a fictional NSS squeeze - from the old standby scam of pulling certs to spinning off new stock in a spinoff corp as dividends that a supposed NSS would not have access to deliver (thus forcing a cover before spinoff share dividend distribution).
Guess what - none of these schemes has ever worked - because the NSS unicorns are just that - unicorns.
These are plain penny stock scams. No matter how many lawsuits are filed and dismissed for lack of evidence nor how many failed schemes to squeeze the mythical unicorns - nobody can show an actual unicorn.
Reality popped your NSS bubble idea sport. The CMKX cases brought by Al Hodges were dismissed for complete lack of evidence. Bill Frizzell was allowed to cross-examine the transfer agent and others and he found zero NSS. Nada.
Roofie made big promises about some big revelations in pre-trial discovery - he came up with nothing. Then he was going to blow the lid off the unicorn conspiracy at the trial - and he failed to find a single unicorn - so he fled like a frightened little kid and hid in a closet. Now he's hunting black unicorns in FCI-Texarkana until 2031 and giving his purty mouth a workout.
Your NSS unicorn still cannot be found. And your unicorn conspiracy websites have been spewing the same crapola and making the same promises for a decade - and still no unicorns.
Keep looking for the unicorn-riding sasquatch that was abducted by UFOs. It is amusing to watch the NSS moonbats ramble on and slam into endles failure because reality does not match their warped delusions.
These scams were run by crooked insiders selling smoke and boolsheet - like CMKX with fake diamond claims and no business and CONV with no Venezuelan bonds and no business. They have no assets - never did. Pure frauds.
GailsWaters Monday, January 11, 2010 4:16:13 PM Post # of 168622
See you took down the cmkx law suit. Did you notice all the corrution outlined in the suit that Rufus warned all us about? Is the truth of CSHD beginning to enlightened those blinded for so long? One who just can stand seeing the truth
WHITE FLAG time. It is over
What happened to the CMKX lawsuit? It is OVER. No NSS were found. Al Hodges had nothing. Bill Frizzell had nothing. Your big conspiracy theory collapsed.
You're right - CMKX is OVER and so is CSHD. I'm sure when Roofie gets out of prison in 2031 he can devote his remaining life to searching for the missing Venezuelan bonds or helping OJ find the real killers.
06/15/13: Moskowitz ENDORSES US Federal Penitentiary - Lewisburg's's warden JEFF THOMAS!
"Steven Moskowitz endorsed the skills and expertise of Jeff Thomas
Jeff is endorsed for United States Penitentiary Warden."
_________________________________________
In 2012, Jeff Thomas replaced Bryan E. Bledsoe as Warden of USP Lewisburg.[12] USP Lewisburg is currently facing a civil trial for allegedly keeping prisoners shackled for days at a time. [13]
Tell me: WHY?
Why Jeff is endorsed for Federal Penitentiary Warden?
United States Federal Prison Warden!
FEDERAL
PRISON
WARDEN
!
WHY?
Here is the ending: in 2031, at age 64, Rufus will released from prison and will need to find a job, as he has very little Social Security credits or retirement savings. Rufus, at age 64, will be bagging groceries at Piggly Wiggly until he is 75 or dies.
That is how this will end.
It's OVER, hon. Just like CMKX.
BTW, there never was any Venezuelan bond. There never was a business. There were no assets.
I believe Seagram's Seven Crown was just put on the FCI-Texarkana commissary list. Right after spicy chicken ramen noodles and before tolnaftate foot creme and shower shoes.
By 2031 the $500 billion dollar Venezuelan bond will have matured and Roofie can redeem it and buy $500 billion worth of Pabst Blur [sic] Ribbon or a ticket to the Moon colony flying on Virgin Extraterrestrial.
Will they have cold PBR on tap at the Moon colony?
Al Hodges - LOL! Hey, I believe Bill Frizell is already milking some SPNG bagholders with the blue sheets data from the trustee. This is CMKX II.
"she failed to under the nature and laws of contracts and contractural obligations."
This bogus nonsense has nothing at all to do with anything. He may as well have claimed that he was the victim of the Rule Against Perpetuities. His motion is babbling nonsense. Contracts and contractual obligations have zero to do with his basic assertion that he as "not involved in the crimes".
The law clerk at the Circuit Court of Appeals who is assigned this motion to review will get a chuckle out of it. The DOJ will wonder how to craft an opposition motion replying to this jumbled nonsense. How do you make a counter-argument to rambling, incomprehensible statements that just make no sense from a legal standpoint?
"First the Central Government implemented Federalism therein violating Appellant' rights under Amendment X. Then the prosecutor violated Appellant's rights under IXth Amendment by interfering with the rights between two persons to contract."
First, the statement itself is pure nonsense, second there is zero interference with anyone's right to contract, and third there is no applicability of contract law to the charges Roofie and Ben were convicted of in the case - it is irrelevant.
He clearly cribbed this argument from another case in which the appellant was challenging the underlying LAW that they (in the other case) were being charged under as being an unconstitutional law. That is not Ben's argument however. Ben is not claiming that the laws against Federal securities fraud, wire fraud, and conspiracy are unconstitutional and invalid law.
Other than that, it's spot-on - LOL!
I say they should instead blame the Rule Against Perpetuities and rail against the 14th Amendment claiming they are being held as slaves in prison. It would make as much or more sense than what was written in the appeal motion.
Plus it makes ZERO sense. An "evil short" would have no reason to have a 144 opinion letter forged. All that does is to UNRESTRICT 144 stock for trading.
If the "evil short" is short, he would not need to UNRESTRICT 144 stock to trade it. Unless he owned the 144 stock - in which case he is not a short, he is a LONG who wants to sell his 144 stock. And even if that party had "shorted against the box" - selling short against already-owned 144 restricted stock - it is still not a short because that is simply a long flattening his position against 144 stock - not a net short and not a "naked short". A "Bomart letter" to lift the trading restriction on stock that is already owned has nothing to do with an "evil short".
The David Bomart letter did not serve to benefit an "evil short", it only served to release for TRADING restricted 144 stock that was held by entities that owned that stock and thus were long.
No matter what theory you use, the David Bomart letter could only have benefited "evil LONGS".
The "evil shorts" bribed MOSKOWITZ to forge and lie in his NY State Tax Court case where the court found that he presented fake, false, and forged documents and made provably false statements to the court - solely for his own personal benefit.
LOL - "the evil shorts bribed me do it" - Steve Moskowitz
MOSKOWITZ has a long history of being bribed by "evil shorts" to forge documents and lie. ROTF!
"The shorts" must have also done the forgeries and in-court false testimony of STEVEN MOSKOWITZ in his NY State Tax case where the court found that he presented fake, false, and forged documents and made provably false statements to the court.
LOL - "the shorts made me do it" - Steve Moskowitz
Maybe MOSKOWITZ got her a job at one of his five imaginary companies - SA Trading Company, US Asia Trading, Dubai Export Import Company, Fesco Sales Corp., and New Century Media.
If she can just get an endorsement from Sultan Ahmed, she will have it made. If not, she can always buy advertising space at sports stadiums and publicize her name.
Worked for MOSKOWITZ selling SPNG shares as fast as he could print them and fax his infamous David Bomart legal opinion letters to unrestrict the stock.
JACK SCHWARTZBERG didn't know how much Spongetech would order. As a potential vendor, it was in his interest to go along with their story, parrot whatever they said, and hope they would place big orders with his company.
But who cares what JACK SCHWARTZBERG said anyway - he is NOT an expert in the market for sponge sales. Just a DISPLAY and PACKAGING VENDOR.
And they are still clearing the unsold inventory of sponges leftover from the SPNG bankruptcy liquidation, BTW, if some of the posts claiming the product is still for sale online somewhere are to be BELIEVED.
JACK SCHWARTZBERG is in DISPLAY AND PACKAGING, not in SPONGE SALES. As a potential service and product vendor to Spongetech for DISPLAY and PACKAGING, he has all the incentive to blow smoke up the fat axxes of Spongetech investors and even PROVEN LIAR AND FORGER (see NY State Tax Court finding) and criminal FELON STEVEN MOSKOWITZ, because JACK SCHWARTZBERG may sell more DISPLAY and PACKAGING if Spongetech inflates their sales forecasts and orders more DISPLAY and PACKAGING from JACK SCHWARTZBERG's business.
A service and product vendor will go along with the nonsense spewed by a client's CONMEN like CONVICTED FELON and PROVEN LIAR STEVEN MOSKOWITZ because the CLIENT places orders with vendors who make them look good and parrot the nonsense told to them by the CONVICTED FELON and PROVEN LIAR CFO who selects the vendors, places the orders, and pays the vendor invoices (until he doesn't). You do not bite the hand that feeds you, you go along with their nonsense numbers and cash the checks!
JACK SCHWARTZBERG would not care if MOSKOWTZ'S fake, fraudulent, and false sales numbers were real or imaginary - as long as convicted felon and proven liar MOSKOWITZ placed the big orders for DISPLAY and PACKAGING materials and services and PAID THE INVOICES. The more the better for JACK SCHWARTZBERG.
JACK SCHWARTZBERG knows nothing about the market for sponges. All he knows about the market for sponges are the LIES that STEVEN MOSKOWITZ told him about tens of millions of fake, fraudulent, made-up sales numbers for fake, fraudulent, made-up sales to five fake, fraudulent, made-up companies that were the figments of MOSKOWITZ'S imagination.
So JACK SCHWARTZBERG'S comments are based on MOSKOWITZ'S NONSENSE about how well Spongetech's sponges were selling to imaginary customers, not because JACK SCHWARTZBERG is any expert in the sponge market.
STEVEN MOSKOWITZ lied to lots of people who believed his crapola and it made them look foolish. Look in the mirror.