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 PSS:NR F.#2010R00609 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: 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 AOL Bank of America Charles Morgan Securities Chase Bank David Bomart Deanna Vanderveen Dicon Technologies ETrade Emerald Asset Advisors LLC MATERIAL DISCLOSED AOL 000001 BOA 000001 - 000048 CharlesMorgan 00001 - 001503 ChaseBank 00001-002101 Emails from davidbomart.belle@gmail.com DV 000001 - 000008 DIC 000001 - 000080 ET 000001 - 000002 EM 000001 - 000492 United States v. Michael Metter, et. al., Criminal Docket No. 10-600 (S-1)(DLI)
271 Cadman Plaza East Brooklyn, New York 11201

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2 CUSTODIAN George Speranza MATERIAL DISCLOSED 1. Images of 3 hard drives; and 2. Emails from GeorgeSperanza@aim.com GO 000001 1. FederalReserve 000001 - 000008; 2. Database Relating to Wire Transfers 1. FN 000001 - 000010; and 2. Emails from afan307@hotmail.com JP 000001 - 000044 JC 000001 - 0000021 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 MP 000001-0000105

Google Federal Reserve Bank

Frank Nicolois Joel Pensley Josie Cline Michael Metter

Photos of Metter Home At Time of Search Warrant Patriot National Bank

PatriotBank 000001 - 001825

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

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3 CUSTODIAN Securities and Exchange Commission MATERIAL DISCLOSED 1. SEC Concordance Database 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 000002 - 0006732 SignatureBank 000001-000110 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 Emails from MSN account symoskowitz@msn.com

Seymour Eisenberg Signature Bank Spongetech

Steven Moskowitz

Please note that SE 000001 - 000006 have been intentionally omitted. The government intends to produce an additional 1353 pages of paper documents seized during the search of Spongetechs 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.

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4 CUSTODIAN Tabush Consulting Group TD Bank Thomas Cavanagh Wayne Celia Webster Bank MATERIAL DISCLOSED 1. Tabush 000001 - 018291; and 2. Back-up Server 1. TD Bank 000001 - 006519; and 2. TD Bank 006520 - 006925 Emails from Cavanagh55@hotmail.com WC 000001 - 000004 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 Spongetechs 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 governments 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)