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Meringolo & Associates, P.C.

11 Evans StreetBrooklyn, New York 11201

(347) 599-0992 / (212) 202-4936 faxwww.meringoloesq.com

December 29, 2010BY ECF

Honorable Dora Lizette IrizarryUnited States District JudgeEastern District of New York225 Cadman Plaza EastBrooklyn, New York 11201

Re: United States v. Seymour Eisenberg et al., 10-Cr.-00600 (DLI)

Dear Judge Irizarry:

Seymour Eisenberg, defendant in the above-captioned case, respectfully requests amodification to the conditions of his pretrial release. On December 3, 2010, Magistrate Judge Levyreleased Mr. Eisenberg on a $150,000 unsecured bond with the following conditions1:

Surrender passport and make no new applications; Travel restricted to New York City; Pretrial supervision, including:

o Home visits by Pretrial Services officers and regular reporting to Pretrial Services;o Participation in mental health and gambling evaluation and treatment as directed by

Pretrial Services;o Home detention with electronic monitoring.

Mr. Eisenberg now respectfully asks that the Court modify the conditions of his release byadding one financially responsible person to the bond and removing him from electronicmonitoring. Pretrial Services supports the removal of electronic monitoring.

Pretrial Services has consistently recommended that Mr. Eisenberg be released on his ownrecognizance. At the hearing on December 3, the government took the position that Mr. Eisenbergcould not be relied upon to return to court due to his poor mental health, and that the bond was toolow to reasonably assure the Court to the contrary. At the request of the defense, Magistrate Judge

Levy imposed electronic monitoring because Mr. Eisenberg was only able to offer one suretor, hiswife, to sign the bond and assure the Court that Mr. Eisenberg was not a risk of flight.

Mr. Eisenberg has complied with all of the conditions of release set by Magistrate JudgeLevy.

1 A copy of the bond is attached hereto as Exhibit A.

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Honorable Dora Lizette Irizarry

December 29, 2010

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Since Mr. Eisenbergs release, a friend and financially responsible person has offered to signthe bond as an additional suretor. This friend, whose name is not published herein to protect hisprivacy, owns a grocery store with his wife and earns approximately $98,000 per year. He and hiswife own their home, which is worth approximately $800,000. This proposed suretor stands readyto appear in court to answer any additional questions and to sign the bond for Mr. Eisenberg at theCourts request.

Pretrial Services supports the removal of electronic monitoring. Mr. Eisenberg is 66 yearsof age and in poor health, necessitating frequent visits to his doctors. He is charged with anonviolent offense, and has no criminal record and no funds with which to even contemplate flightfrom the jurisdiction. Based on their assessment of Mr. Eisenberg and his situation, PretrialServices believes that release from electronic monitoring would be proper.

In addition, five of Mr. Eisenbergs six co-defendants have been released on bond withoutelectronic monitoring. Unlike Mr. Eisenberg, whose electronic monitoring was imposed as a resultof his financial situation, the docket sheet of this case indicates that the only co-defendant subject to

electronic monitoring remained at large for nearly two months after he was indicted, appearing forarraignment on December 8, 2010, five days after Mr. Eisenberg was released on bond.

Therefore, because an additional suretor has come forward to assure the Court that Mr.Eisenberg will adhere to all of the conditions of his release and will attend all required courtappearances, and on the recommendation of Pretrial Services, Mr. Eisenberg respectfully requeststhat the Court amend the conditions of his release to add an additional suretor to the bond andremove him from electronic monitoring.

Respectfully submitted,

/s/______________________John Meringolo, Esq.

Meringolo & Associates, P.C.11 Evans StreetBrooklyn, New York 11201(347) 599-0992(212) 202-4936 (fax)john@meringoloesq.com

cc: AUSA William Schaeffer (via ECF)

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