Oversimplified, the perjury and obstruction charges against SM and MM in the criminal case are based in large part on their representations to SEC investigators regarding the fabricated customers and their representatives.
Anyone that thinks that any proof beyond the testimony as reflected in the transcripts, which have been readily available for public consumption, is mistaken. As far as those charges are concerned their guilt is proven.
Most of the evidence, enough to send Moskowitz and Metter to over 50 years in jail each, has already been presented by the DOJ in the documents filed with the court, including the complaint and its exhibits.
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