The usual flurry of pre-trial motions is in full effect, in Brooklyn — the dozen or so defense motions filed while the eclipse was kissing my forehead ran the gamut — from well-taken, to largely ridiculous. [As an example of the latter, one of them argues that Shkreli cannot be held personally financially and criminally responsible for the MSMB Capital losses in his personal capacity, because… his PPM said he wouldn’t be. Uh-huh. Well, in securities trading, outright fraud always results in personal liability, folks. The PPM is simply a “disclosure” document — if it contains fraudulent misstatements, as this one did — it can’t be of much help (not at least — in exonerating the Felony-Convict-Bro). It may help the lawyer, Mr. Greebel, argue that he expected that MSMB Capital was (at least initially) being run… appropriately. I dunno.] In candor, I have very little interest in Mr. Greebel’s part in all this.
We do learn, more substantively (as to matters now germane the convict), that Mr. Greebel intends to take the jury through the Rosenfeld and Koestler consulting agreements saga, from negotiation of the original agreements (purportedly with Retrophin), and the default under both, by Mr. Shkreli, personally, in some great detail. I think the goal there will be to again paint Mr. Shkreli as being well off the lawful bounds of the reservation — and thus Mr. Greebel shouldn’t be held to account — so long as he was actively trying to rein him in — and not further the alleged conspiracy (alleged, as to Mr. Greebel’s involvement, at this pre-trial point).
I’ll have more on this, once the able Judge Matsumoto rules that this defense line may be at least argued to the jury. So consider this a place-holder. But we do know that it will be additional “relevant conduct” — in Mr. Shkreli’s sentencing.
Geometrically more-so than in Mr. Shkreli’s trial, we will need to be careful not to taint the prospective juror pool, as unlike Shkreli, Mr. Greebel enjoyed a generally good reputation in New York City. As such, we will be circumspect in not making it harder to impanel a fair and unbiased jury.
Now you know. Onward — still exhausted, but elated — with the fruits of the eclipse voyaging adventure.