UPDATED: 1:30 PM EDT — jury and witnesses have wrapped up for the day; only one or two witnesses. Jury to return Monday. Lunch break.
Lawyers now arguing motions; and now back from lunch. See FTD’s comments (below) for which twitter feed to follow.
Later they’ll be sent off to write the briefs over the weekend, as mentioned below. And there is a lemonade… with my name on it! I’m out (when that happens)!
UPDATE @ 9:30 AM EDT: Ahem. This (below) is proof positive that I am no felony review criminal defense lawyer…. and I’m… okay with that.
The able Judge Matsumoto just denied the government’s motion to admit at least a few of the agreements (without testimony of the consultant involved), but also granted the government the right to admit various records, emails, account statements, and so on — via the transfer agent. [I am still certain the government can get the consulting agreements in — the only question is who will be the witnesses the government uses?]
I’ll have more tonight; still analyzing this — but certainly the government may call the witnesses, and have them admitted that way, as well. [Query how important the largely cumulative effect of all of them really is.] Paging R West, here: “Pick up the white paging telephone…” smile.
In full, then here is her order, just entered:
…ORDER granting in part and denying in part  Government’s Motion in Limine as to Martin Shkreli.
(1) The court considered the submissions of the parties , ,  and heard oral argument. The court denied the government’s motion to admit the subscription agreements of the MSMB Capital investors specified in the government’s motion. (2) The court granted the government’s motion to admit the performance estimates sent to the MSMB Capital and MSMB Healthcare investors by Martin Shkreli and his employees and agents. The government will reserve decision regarding the performance estimates sent to investors by NAV, pending the receipt of additional evidence discussed at the oral argument. (3) By noon on 7/21/17, defendant shall submit a list of the emails to which he objects and the bases for his objections. In response, to the extent that defendant disputes that the individual is a co-conspirator, if the government contends that the email is sent to or by or copied to a co-conspirator, the government shall cite to evidence that supports its view that the individual is a co-conspirator. (4) The government has withdrawn without prejudice its motion to admit the consulting agreements of MSMB Healthcare investors SR and AG. (5) The government requested further briefing on the admissibility of the settlement agreements SS and ML. (6) With respect to the evidence to be admitted by the Standard Registrar, the government withdrew without prejudice its motion to admit the consulting agreement of AG, and will move to admit but will not seek testimony regarding the settlement agreements of SS and ML, pending further briefing and a decision regarding the admissibility of the settlement agreements.
Ordered by Judge Kiyo A. Matsumoto on 7/21/2017….
[End updated portion.]
Let this be the place where we plant ourselves by the open air fountains, and linger with a cool freshly squeezed real lemonade, and some large, very ripe and slightly sweet dark cherries, from the farm to table open air mart in the Loop — all while we collect (via the magic of the inter-tubes!) the goings on from in and around the ceremonial courtroom, in Brooklyn’s federal District Court, today. It is decidedly toasty and yet wet, here — and likely there, as well.
Do see the last three posts, to get caught up (and especially the comments thereto) — but I do expect the able judge will simply rule to allow most of the agreements as signed to be admitted by the transfer agent for Retrophin, if for no other reason than that they are evidence of Retrophin shares being issued to people with no real duties, or connection to… Retrophin, the public company.
But each one was a jilted PRIOR hedge fund investor. All of it is (if nothing else) evidence of a pattern Ponzi scheme, controlled by Mr. Shkreli, as a then-“control person” (under applicable SEC rules) of Retrophin — just as alleged in the indictment.
Onward — and do try to stay… frosty!