Spongetech Delivery Systems Inc (fka SPNGQ)

[shajandr]

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.