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.
06/20/2012 234 Certificate of Service by USA as to Frank Nicolois As requested, all checks have been deposited into the suspense account on 03-30-12. (Morris, Brian) (Entered: 06/20/2012)
06/20/2012 233 Certificate of Service by USA as to Thomas Cavanagh As requested, all checks have been deposited into the suspense account on 1-25-12. (Morris, Brian) (Entered: 06/20/2012)
06/19/2012 Minute Entry for proceedings held before Judge Dora Lizette Irizarry: Status Conference as to Michael Metter held on 6/19/2012. Appearances: AUSAs Nathan Reilly and James McMahon; Retained defense attorney Maranda Fritz for the defendant (pres/bond). Govt has filed an interlocutory appeal of Court's decision on suppression. Govt letter of 6/14/12 and Fritz letter of 6/18/12 addressed. Briefing schedules set for three motions as follows: 3500 discovery motion: Defendant's motion to be filed by July 3, 2012; govt's opposition (to be addressed by AUSA James Gatta) to be filed by July 17, 2012; defendant's reply to be filed by July 24, 2012; oral argument and/or hearing set for August 1, 2012 at 10:00 AM in courtroom 4A South before Judge Irizarry. If Mr. Gatta's schedule requires an adjustment of this schedule, he must notify the Court as soon as possible. Hard drive motion: Defendant's motion to be filed by July 17, 2012; govt's opposition to be filed by July 31, 2012; defendant's reply to be filed by August 7, 2012; oral argument and/or hearing set for September 10, 2012 at 10:00 AM in courtroom 4A South before Judge Irizarry. "Moskowitz" motion: Defendant's motion to be filed by August 24, 2012; govt's opposition (to be addressed by AUSA James Gatta) to be filed by September 7, 2012; defendant's reply to be filed by September 14, 2012; oral argument and/or hearing set for September 27, 2012 at 10:00 AM in courtroom 4A South before Judge Irizarry. Case previously designated complex for speedy trial purposes. (Court Reporter Michele Nardone.) (Carosella, Christy) Modified on 6/19/2012 (Carosella, Christy). (Entered: 06/19/2012)
1:10-cr-00600-DLI USA v. Metter et al 1:10-cr-00600-DLI-1 Michael Metter 1:10-cr-00600-DLI-2 Steven Moskowitz 1:10-cr-00600-DLI-3 Andrew Tepfer 1:10-cr-00600-DLI-4 Seymour Eisenberg 1:10-cr-00600-DLI-5 George Speranza 1:10-cr-00600-DLI-6 Thomas Cavanagh 1:10-cr-00600-DLI-7 Frank Nicolois
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