Spongetech Delivery Systems Inc (fka SPNGQ)

[scion]

06/18/2012 232 Letter to Judge Irizarry re: additional discovery re: 228 as to Michael Metter (Fritz, Maranda) (Entered: 06/18/2012)

Doc 232 PDF file
https://viewer.zoho.com/docs/zrOYe

OCR Extract -

The defense also intends to file a motion addressed to the government's use of co­ defendant Steven Moskowitz to meet with and record Mr. Metter - after this case was commenced and after he was obviously represented by counsel. I was provided with no information regarding Mr. Moskowitz's surreptitious recording of Mr. Metter until November 2011. At that point, I was advised that, within weeks of the arrests in May 2010, Mr. Moskowitz began meeting with Mr. Metter and others and recording them for the government, and Mr. Moskowitz continued to make those recordings at least through the spring of 2011. During that period, Mr. Moskowitz had continuous discussions with Mr. Metter regarding the defense of the case. He continued to attend court appearances and pretended to be vigorously defending the case, repeatedly and consistently assuring Mr. Metter and me that he could demonstrate that the foreign sales were real and the revenue figures were accurate.

These circumstances appear to establish a clear violation of Mr. Metter's right to counsel, and we do not even know the full extent ofMr. Moskowitz's other disclosures to the government regarding conversations with Mr. Metter. At the conference on Tuesday, the defense intends to request that all information regarding Mr. Moskowitz's communications with the government during that period of surreptitious cooperation be provided to the defense, and a motion schedule set to address the issue and the appropriate sanction.