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Case 1:10-cr-00600-DLI Document 433 Filed 04/03/15 Page 1 of 2 PageID #: 2908

U.S. Department of Justice

United States Attorney


Eastern District of New York
WMP:NR
F.#2010R00826

271 Cadman Plaza East


Brooklyn, New York 11201

April 3, 2015

By Hand and ECF


The Honorable Dora L. Irizarry
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Re:

United States v. Steven Moskowitz


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

Dear Judge Irizarry:


The government respectfully submits this letter in response to the Courts Order
dated March 17, 2015, directing the government to respond to a letter request from two
individuals, dated March 2, 2015 (ECF No. 431), requesting that they be included in the list of
victims and accompanying Restitution Order entered by the Court on February 4, 2015. (ECF
No. 426).1
As the Court is aware, the government requested that individuals who have
identified themselves as victims of the Spongetech Delivery Systems, Inc. (Spongetech)
fraud fill-out and return Affidavits of Loss. The Affidavits of Loss detail any losses the
individual victim suffered as a result of his or her purchase of Spongetech shares. In response
to the Courts November 25, 2014 Order, the government reviewed the Affidavits of Loss it
has received in connection with this matter and has not identified any prior submission of an
Affidavit of Loss by Odis Alexiou or Sylvia Alexiou. It is for this reason that they were not
included in the proposed Restitution Order that the government submitted to the Court in
connection with the sentencing of Steven Moskowitz.
The government notes that as part of their March 2, 2015 submission, Odis and
Sylvia Alexiou submitted documentation in which they identified the number of Spongetech
shares they had purchased as well as the purchase price of at least a portion of those shares..
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The Court directed the parties to respond by March 31, 2015. The
undersigned apologies for the delay in the submission of the governments response.

Case 1:10-cr-00600-DLI Document 433 Filed 04/03/15 Page 2 of 2 PageID #: 2909

Through its review of relevant records, the government has confirmed that Odis and Sylvia
Alexiou were shareholders of Spongetech.
Accordingly, to the extent that Odis and Sylvia Alexiou are prepared to submit
a sworn Affidavit of Loss2 and in light of the fact that the defendant Steven Moskowitz takes
no position on their application, the government does not object to their inclusion in the
restitution ordered by the Court in this matter.
Respectfully submitted,
LORETTA E. LYNCH
United States Attorney
By:

cc:

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

Mark Baker, Esq. (via ECF)

The government has provided an Affidavit of Loss to Odis and Sylvia Alexiou
via electronic mail.
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