Case 1:10-cr-00600-DLI Document 263 Filed 09/10/12 Page 1 of 4 PageID #: 1664

U.S. Department of Justice

United States Attorney

Eastern District of New York
271 Cadman Plaza East
PSS:NR
F.#2010R00609 Brooklyn, New York 11201

September 10, 2012

BY OVERNIGHT DELIVERY AND ECF

Maranda E. Fritz, Esq.

Hinshaw and Culbertson LLP
780 Third Avenue, 4th Floor
New York, NY 10017

Re: United States v. Michael Metter, et. al.,

Criminal Docket No. 10-600 (S-1)(DLI)

Dear Ms. Fritz:

The government has reviewed the history of discovery in

this matter and provides this letter to catalogue the materials
that the government understands have been produced and/or
disclosed to date. As detailed in the highlighted sections of
the following chart, some additional materials are being
disclosed today.

CUSTODIAN MATERIAL DISCLOSED

AOL AOL 000001
Bank of America BOA 000001 - 000048
Charles Morgan CharlesMorgan 00001 - 001503
Securities
Chase Bank ChaseBank 00001-002101
David Bomart Emails from
davidbomart.belle@gmail.com
Deanna Vanderveen DV 000001 - 000008
Dicon Technologies DIC 000001 - 000080
ETrade ET 000001 - 000002
Emerald Asset Advisors EM 000001 - 000492
LLC
Case 1:10-cr-00600-DLI Document 263 Filed 09/10/12 Page 2 of 4 PageID #: 1665

CUSTODIAN MATERIAL DISCLOSED

George Speranza 1. Images of 3 hard drives; and
2. Emails from
GeorgeSperanza@aim.com
Google GO 000001
Federal Reserve Bank 1. FederalReserve 000001 - 000008;
2. Database Relating to Wire
Transfers

Frank Nicolois 1. FN 000001 - 000010; and

2. Emails from afan307@hotmail.com
Joel Pensley JP 000001 - 000044
Josie Cline JC 000001 - 0000021
Michael Metter 1. METTER 000001 - 000035;
2. 4 hard drives;
3. Emails from greenwich4@aol.com;
4. Search Warrants relating to
residence and email address; and
5. Post Arrest Statements of
Michael Metter
Photos of Metter Home MP 000001-0000105
At Time of Search
Warrant
Patriot National Bank PatriotBank 000001 - 001825

1
The disk marked JC 000001 contains 574 documents as
well as a forensic report from the Federal Bureau of
Investigation (“FBI”) relating to the copying of the
materials. JC 000002 contains 495 documents as well as
a forensic report from FBI relating to the copying of
the materials
Case 1:10-cr-00600-DLI Document 263 Filed 09/10/12 Page 3 of 4 PageID #: 1666

CUSTODIAN MATERIAL DISCLOSED

Securities and Exchange 1. SEC Concordance Database
Commission 2. SEC Transcripts for Testimony
of:
a. Brilleman
b. Davies
c. Della Donna
d. Fox
e. Halperin
f. Lazauskas
g. Metter
h. Monahan
i. Moskowitz
j. Pensley
k. Speranza
l. Weiner

Seymour Eisenberg 000002 - 0006732

Signature Bank SignatureBank 000001-000110
Spongetech 1. 00000001 - 000082561;3
2. SPNG 000082562 - 000082636;
3. SPNG 000082637 - 000082650;
4. Images of 61 hard drives;
5. One external drive seized
during search; and
6. Search Warrants relating to
offices
Steven Moskowitz Emails from MSN account
“symoskowitz@msn.com”

2
Please note that SE 000001 - 000006 have been
intentionally omitted.
3
The government intends to produce an additional 1353
pages of paper documents seized during the search of
Spongetech’s offices to the defendant. These materials
were segregated during the search as potentially
containing attorney-client privileged material. The
materials are being reviewed by the filter team and
will be produced in the near future.
Case 1:10-cr-00600-DLI Document 263 Filed 09/10/12 Page 4 of 4 PageID #: 1667

CUSTODIAN MATERIAL DISCLOSED

Tabush Consulting Group 1. Tabush 000001 - 018291; and
2. Back-up Server
TD Bank 1. TD Bank 000001 - 006519; and
2. TD Bank 006520 - 006925
Thomas Cavanagh Emails from Cavanagh55@hotmail.com
Wayne Celia WC 000001 - 000004
Webster Bank WebsterBank 00001 - 000089

Additionally, the government is in possession of two

computers, that were turned over to the FBI on or about August
30, 2010 by the Bankruptcy Trustee for Spongetech. The hard
drives for these two computers bear the same serial numbers as
the hard drives for the computers belonging to Steven Moskowitz
and Barry Kovelzon, which were imaged during the search of
Spongetech’s offices. Due to the intervening time between the
date of the search and when the Trustee gave these computers to
the FBI, the computers in the government’s possession may not be
exact duplicates of the images that were made at the time of the
search and subsequently disclosed to the defense. Should you
wish to obtain a copy of these drives, please send two blank
external drives to my attention and the government will provide
you with a copy.

Very truly yours,

LORETTA E. LYNCH
United States Attorney

By: /s/
Nathan Reilly
Assistant U.S. Attorney
(718) 254-6196

cc: Clerk of the Court (DLI)(By ECF) (w/out encl)