Spongetech Delivery Systems Inc (fka SPNGQ)

[scion]

07/13/2010 87 ANSWER to 1 Complaint, by Michael Metter. (Bessette, Paul) (Entered: 07/13/2010)

Doc 87 PDF file
http://viewer.zoho.com/docs/cc0QA

On May 5, 2010, the same day that the SEC filed its Complaint in this action (“Complaint”), Mr. Metter was named as a defendant in a criminal complaint filed in this Court by the United States Attorney’s Office for the Eastern District of New York. See United States v. Michael Metter and Steven Moskowitz, Case No. M10-507 (the “Criminal Case”). The Criminal Case raises factual issues that substantially overlap with the SEC’s claims in this action.

Accordingly, Mr. Metter respectfully requests that the Court stay this action against him pending the final disposition of the Criminal Case. In addition, Mr. Metter retains and preserves his privilege against self-incrimination under the Fifth Amendment to the United States Constitution. Neither this Answer nor anything contained herein shall be construed to waive or
forfeit such rights and privileges.