Wrong. Somebody has to take the fall for Spongetech. It is too high profile, too many people lost money, too much press attention, too much money lost for the DOJ not to pin somebody to the wall - and with Metter gone, that leaves the FOUNDER, Steven Moskowitz.
Unless he can cough up a much bigger fish and get them convicted, Mosky will be going in the hole for a very long time. He and his lawyers know this than that is why they are playing for time before sentencing and claim to look for anything that would be that big fish he needs. Because once he goes in, it will be a long time if ever before he will be coming out. If he can get a bigger fish convicted, he might get as little as 6-10 years - that is his best hope.
For the DOJ, somebody has to pay for these crimes or the DOJ will lose face (especially after they blew the case against Metter). Unless Mosky finds somebody much bigger and gets them convicted, he will be the one who pays the big price for the DOJ to get their glory.
Remember, while the DOJ lost all their leverage on Metter when the computer records were excluded by the judge so they had to bargain with Metter to get him to plead, they already have Mosky convicted on securities fraud (20 year max sentence) and they don't need to negotiate with him at all anymore.
Mosky already rolled over and ratted out the minor players like Tepfer and Speranza. He's out of tricks now that Metter walked. And when Mosky gets to prison and the word gets out that he's a rat and rolled over on his co-criminals and wore a wire, he's going to be doing some very unpleasant time. Rats in prison are treated like chimos (child molesters).
