NanoTech Entertainment Inc (NTEK)

[shajandr]

To DaFoley, Jeffy, WireTransfer, Teddy Campbell, Danny W(r)ong, and Petey:

Take note:

U.S. Department of Justice
United States Attorney Eastern District of New York
271 Cadman Plaza East F. #2013R01274
Brooklyn, New York 11201

October 19, 2015 By Hand and ECF

The Honorable Eric N. Vitaliano United States District Court Eastern District of New York Brooklyn, NY 11201

Re: United States v. Kershner, et al., 13-CR-452 (S-2)

Dear Judge Vitaliano:

The government submits this letter to request an additional jury charge based on defense questioning in the above-captioned case. Specifically, on October 15, 2015, Mr. Stein questioned one of the victim-investors regarding a “Forward-Looking Disclaimer” present on the press releases for the companies named in the Indictment. As set forth below, that disclaimer does not provide a defense to a criminal charge of either wire fraud or securities fraud. Accordingly, the government requests a charge making clear that the “Forward-Looking Disclaimer” does not insulate the defendants from responsibility for false statements that were knowingly made.