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.
