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U.S. v. MOTZ

No. 08-CR-598 (ADS).

652 F.Supp.2d 284 (2009)

UNITED STATES of America, v. George M. MOTZ, and Melhado, Flynn & Associates, Inc., Defendants.

United States District Court, E.D. New York.

August 14, 2009.

Attorney(s) appearing for the Case

Benton J. Campbell, United States Attorney, Eastern District of New York, by James G. McGovern, Assistant United States Attorney, Daniel A. Spector, Assistant United States Attorney, Roger Anson Burlingame, Assistant United States Attorney, William E. Schaeffer, Assistant United States Attorney, Central Islip, NY, for United States of America.

Gage Spencer & Fleming LLP, by G. Robert Gage, Esq., Laura-Michelle Rizzo, Esq., of Counsel, New York, N.Y. for Defendant George M. Motz.

Ellenoff Grossman & Schole LLP, by Ted Poretz, Esq., of Counsel, New York, NY, for Defendant Melhado, Flynn & Associates, Inc.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On November 19, 2008, a superseding indictment issued charging Defendants George Motz ("Motz" or "the Defendant") and Melhado, Flynn & Associates, Inc. ("MFA") with one count of securities fraud, in violation of 18 U.S.C. 1348(1) ("Count One"), and one count of document alteration, in violation of 18 U.S.C. 1519 ("Count Two"), in connection with a fraudulent "cherry-picking" scheme. Presently...

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