Replies to post #343417 on Spongetech Delivery Systems Inc (fka SPNGQ)

[scion]

7. The defendant agrees that the entry and payment of the Forfeiture Money Judgment and forfeiture of the Forfeited Stock shall not be considered payments of fines, penalties, restitution loss amounts, or of income taxes that may be due, and shall survive bankruptcy.

8. Upon entry of this Preliminary Order, the United States Attorney General or his designee is authorized to seize the Forfeited Stock, to conduct any proper discovery pursuant to Fed. R. Crim. P. 32.2(b)(3) and (c), and to commence any applicable proceeding to comply with statutes governing third party rights, including giving notice of this Order.

9 . The United States shall publish notice of this Preliminary Order and notice of its intent to dispose of the Forfeited Stock in such a manner as the Attorney General or his designee may direct, on the government website www.forfeiture.gov, in accordance with the custom and practice in this district. The United States may, to the extent practicable, provide direct written notice to any person known or alleged to have an interest in the Forfeited Stock as a substitute for published notice as to those persons so notified.

10. Any person, other than the defendant, asserting a legal interest in the Forfeited Stock may, within thirty (30) days of the final publication of notice or receipt of notice, or no later than sixty (60) days after the first day of publication on an official internet government forfeiture site, whichever is earlier, petition the Court for a hearing without a jury to adjudicate the validity of his or her alleged interest in the property, and for an amendment of the order of forfeiture, pursuant to 21 U.S.C. § 853(n)(6). Any petition filed in response to notice of the forfeiture of the Forfeited Stock must be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner's claim, and the relief sought.


OCR extract -
Doc 364-1 PDF file
http://www.scribd.com/doc/217659954/USA-v-Metter-Et-Al-Doc-364-1-Filed-10-Apr-14

[236T568]

$350,000 - This is just the beginning. This is just the DOJ criminal case. Look for the SEC to get a $52 million summary judgment against Moskowitz

So what happened to the people that said that Moskowitz would not have to pay a dime to the US Government?

a forfeiture money judgment in the amount of three hundred fifty thousand dollars and no cents ($350,000)

[scion]

WHEREAS, on or about August 16, 2011, the defendant, STEVEN MOSKOWITZ, entered a plea of guilty to Counts One and Two of the above-captioned indictment charging violations of 18 U.S.C. § 371 and 15 U.S.C. § 78j(b), respectively; and

WHEREAS, the defendant has consented to the entry and forfeiture of the following: (a) a forfeiture money judgment in the amount of three hundred fifty thousand dollars and no cents ($350,000) (the "Forfeiture Money Judgment"), and (b) any and all right, title and interest in all shares and classes of stock of Spongetech Delivery Systems, Inc., held by the defendant or held in trust for the benefit of the defendant or any of the defendant's family members, including but not limited to those shares and classes of stock held by the Moskowitz Family Trust (collectively, the "Forfeited Stock"), pursuant to 18 U.S.C. § 981(a)(l)(C), 28 U.S.C. § 2461(c) and 21 U.S.C. § 853(p), as property constituting or derived from proceeds obtained directly or indirectly as a result of his violation of 18 U.S.C. § 371 and 15 U.S.C. § 78j(b), and/or as substitute assets.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED, on consent, by and between the United States and the defendant as follows:

1. The defendant consents to the forfeiture to the United States of all right, title, and interest in the Forfeited Stock and consents to the entry of the Forfeiture Money Judgment, pursuant to 18 U.S.C. § 981(a)(l)(C), 28 U.S.C. § 2461(c) and 21 U.S.C. § 853(p).

2. The defendant shall pay fifty thousand dollars and no cents ($50,000.00) towards the Forfeiture Money Judgment on or before the date of the defendant's guilty plea (the "Initial Due Date"). The balance of the Forfeiture Money Judgment shall be paid by the defendant no later than the date of the defendant's sentencing (the "Final Due Date"). Payment of the Forfeiture Money Judgment shall be made by certified or bank check, payable to the "U.S. Department of Treasury." The defendant shall cause said check to be sent by overnight mail, to Assistant United States Attorney Brian D. Morris, 271 Cadman Plaza East, Brooklyn, NY 11201, with the criminal docket number noted on the face of the check. In the event that the initial $50,000 payment is not paid in full on or before the Initial Due Date, interest shall accrue on any unpaid portion as of the Initial Due Date. Further, if the defendant fails to pay any portion of the Forfeiture Money Judgment on or before the Final Due Date, the defendant consents to the forfeiture of any other property of the defendant up to the amount of the Forfeiture Money Judgment, pursuant to 21 U.S.C. § 853(p), the Federal Debt Colleetion Procedures Act, or any other applicable law.


OCR extract -
Doc 364-1 PDF file
http://www.scribd.com/doc/217659954/USA-v-Metter-Et-Al-Doc-364-1-Filed-10-Apr-14