None of the charges against Moskowitz have been dismissed with prejudice. In fact, all the counts remain pending except the securities fraud count he pleaded guilty to presumably as part of a secret, sealed plea agreement.
Note carefully that none of the counts had been dismissed in any court paper - not by action of the court, and while the guilty plea to the securities fraud charge was accepted by the court, the court DID NOT dismiss any of the counts not did the Dept of Justice move to have any counts dismissed.
Why? Well because the secret, sealed plea agreement likely only provides for the DOJ to move to have certain of the remaining counts dismissed with prejudice IF Moskowitz is able to yield up other big fish criminals and they are convicted. That obviously did not happen with the targeting of Metter by having Mosky wear a wire - Metter didn't cough up evidence that led to a major conviction of him, so Metter skates and Mosky didn't provide a scalp of Metter the DOJ can tout. Unless Mosky is able to actually provide evidence that leads to high-profile major convictions of big fish, it is likely the DOJ will move forward with the prosecution of the remaining counts (which are still pending before the court) and they already have pocketed his conviction on the securities fraud count - the fact of which can also be used against him in the prosecution on the other counts if Mosky takes the stand.
Now, some ask why did the DOJ select the securities fraud count rather than perjury as the one to have Mosky plead to first - as a prerequisite for them to even entertain a contingent plea agreement. That answer is simple. The plea agreement likely calls for Mosky to cooperate in the prosecution of others (e.g., Metter) and it would be counterproductive to the DOJ's goals if they needed Mosky to testify regarding, for example, the wire he wore and the taping of Metter, when Mosky could be cross-examined by the defense and point out that Mosky should not be believed because he is already convicted of perjury. So they chose a less inflammatory count - securities fraud - which would be less injurious of Mosky's credibility as a witness than would a conviction of perjury.
SO, take home the following lessons:
(1) none of the counts against Moskowitz have been dismissed, but the securities fraud count is resolved by a guilty plea (with a potential 20 year sentence). The other counts remain pending but may be the objects of a contingent plea agreement which is sealed. Mosky's guilty plea to SECURITIES FRAUD cannot be withdrawn - and he will be SENTENCED. A plea agreement cannot specify the sentence he will get - that is up to the judge entirely - all it could do is have the US Attorney RECOMMEND A DOWNWARD DEPARTURE from the mandatory sentencing guidelines - which for a $52 million dollar stock fraud will be a stiff sentence as the sentencing guidelines use the amount of money defrauded in the calculation of the sentence.
(2) The DOJ had Mosky plead guilty to securities fraud because that still has the maximum sentence of any count yet it is less injurious than perjury (which has a shorter maximum prison term) that could be used to impeach Mosky as a witness for the government in prosecution of others.
(3) If Mosky is unable to deliver any significant convictions of any big fish, the plea agreement likely allows the DOJ to move forward on certain or all of the remaining pending counts.
If you persist in believing that any counts against Moskowitz have been dismissed with prejudice, then please provide the court paper that shows that the remaining counts have been dismissed by the court. You will find no such document.
Why is Moskowitz not yet sentenced? Likely because his lawyers are still telling the DOJ that Mosky can deliver one or more of these big fish convictions, so they should wait. It is essentially Mosky buying time before he goes to prison for a long time. Eventually, the DOJ will tire of the delay if no big fish are landed and Mosky will then be facing not only sentencing on the securities fraud conviction, but also a trial on the remaining counts as well.
