Case 1:10-cr-00600-DLI Document 339 Filed 12/11/13 Page 1 of 2 PageID #: 2034 U.S.

Department of Justice

United States Attorney Eastern District of New York

NR F.
271 Cadman Plaza East

#2010R00609

Brooklyn, New York 11201

December 11, 2013 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. Seymour Eisenberg Docket Number 10-CR-600 (DLI)

Dear Judge Irizarry:

The government respectfully submits this letter to request a brief adjournment of the sentencing of Seymour Eisenberg in the above-referenced case. The defendants sentence is scheduled for Tuesday, December 17, 2013 at 12:00 p.m. The defendant joins in the governments request. As the Court is aware, victim restitution is applicable in this matter. Accordingly, on November 22, 2013, the government transmitted an Affidavit of Loss to the approximately 100 individuals who had previously identified themselves as victims of the Spongetech fraud. Those individuals were also apprised of the sentencing date. To date, the government has received approximately 20 completed Affidavits of Loss from these individuals. The government is also working to corroborate the information provided in these Affidavits of Loss by comparing it with available data relating to the trading in Spongetech shares. The Affidavits of Loss have been provided to defense counsel and to the Probation Department. They will also be provided to the Court under separate cover. The government wishes to provide the Court with all of the relevant information regarding restitution in advance of

Case 1:10-cr-00600-DLI Document 339 Filed 12/11/13 Page 2 of 2 PageID #: 2035

sentencing. Accordingly, the government respectfully requests a brief adjournment to ensure that the Court, the Probation Department and the parties have sufficient time to receive and consider all of the Affidavits of Loss relevant to any restitution order imposed by the Court. As noted above, the defendant joins in this request. Counsel for Eisenberg, John Meringolo, Esq. has requested that, if possible, any adjournment date for the sentencing be set on a day of the week other than a Wednesday due to scheduling conflicts on those days.

Respectfully submitted, LORETTA E. LYNCH United States Attorney By: /s/ Nathan Reilly Assistant U.S. Attorney (718) 254-6196

cc:

John Meringolo, Esq. (via electronic mail) John Lanigan, U.S. Probation (via electronic mail) Patricia Sullivan, U.S. Probation (via electronic mail)