[U] BREAKING: The Felon Martin Shkreli Has Failed To Meet His Bail Conditions — “Off To Jail, NOW!” Sez US Attorney…

UPDATED: 09.08.2017 @ 2 PM EDT — The able judge has bumped up the date for the hearing, and the correlative dates for submission of briefs. We are now five days away from Marty’s likely incarceration. I’ve updated the order copy, below. I would say this is a strong indicator that the able judge is putting Martin behind bars. 

Of less moment, but also this afternoon, the defense team filed a motion and memo to knock out the conviction on Count 8. It claims an errant definition of “affiliate” drove that conviction. I find that entirely… unpersuasive. I predict the conviction on Count 8 will stand. Still no formal reply from Mr. Brafman — in order to keep his client out of jail.

End update.

Hat tip to FTD — for this truly priceless find!

CNBC has it as well. But here is the motion to immediately revoke his freedom, pending sentencing on his three felony convictions.

Lovely.

Simply lovely — read it all. It seems the Secret Service has had to increase protection around HRC — due almost exclusively to his lunacy.

And — now even his Lauren Duca threats are being cited by the AUSAs:

“…Near the end of his trial and since his conviction on August 4, 2017, Shkreli has made at least two public statements harassing specific women. As has been widely reported, Shkreli was banned from Twitter in January 2017 after harassing journalist Lauren Duca.

In early January 2017, Shkreli had sent Duca a message via Twitter asking her to be his “+1” or companion to the inauguration of President Donald Trump. (See Exs. A & B.)

Duca publicly rejected the request. In response, Shkreli called Duca a “cold you know what” on Twitter and famously changed his Twitter profile picture to a doctored image appearing to show Duca on his lap on a couch. (Id.). This conduct earned Shkreli a ban from Twitter. On July 27, 2017—on the eve of the final trial summations—Shkreli made the following statements on Facebook: “Trial’s over tomorrow, bitches. Then if I’m acquitted, I get to fuck Lauren Duca[.]” He added, “And Anna Kasperian, she’s pretty hot,” referring to a political pundit.

Thus, just as the case was to be submitted to the jury, Shkreli made a public threat against two women whom he dislikes and with whom he has feuded in the past…. ”

Here is the order, for the hearing come one week from today, at 4 PM EDT — in Brooklyn:

….The court will hold a hearing on the government’s motion to revoke bail on September 1314, 2017 at 2:00 p.m. at 225 Cadman Plaza East, Brooklyn, N.Y., 11201, Courtroom 6C South, before Judge Kiyo A. Matsumoto. Defendant shall file a response to the government’s [362] motion by September 12, 2017 at 5:00 p.m., and the government shall reply by September 1213, 2017 at 5:00 p.m. In its reply, the government shall indicate if it intends to call witnesses, and shall advise the court of the anticipated length of the hearing. Ordered by Judge Kiyo A. Matsumoto on 9/87/2017….

Say bub-bye Marty. You have likely lost your pre-sentencing temporary freedom — entirely due to your own idiocy. What a… tool.

The AUSAs definitely have a motivational bulletin board somewhere — with Marty’s endlessly threatening Facebook (and now ebay) posts tacked up. Hilarious.

Yep that’s your karma calling Marty. Buckle up.

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45 thoughts on “[U] BREAKING: The Felon Martin Shkreli Has Failed To Meet His Bail Conditions — “Off To Jail, NOW!” Sez US Attorney…

    • condor says:

      Want to bet on whether/which one of his acolytes claims his cat Trashy — or will it be his sister?

      His sis better have keys to his apt., or else Brafman is going to have to get the keys from his checked property at the lockup, and go get that cat.

      It seems really sweet… so someone will take it in…

      Like

      • FTD says:

        Yea, that’s a disgusting aspect I just thought of. Did Martin really like that cat or was it just for the show to seem sympathetic toward animals? I hate thinking like this because I think i know the answer.

        Let’s hope the few employees he has at Godel jump ship when they realize how bad an idea it is to be in business with someone with no ethics. 🙂

        Liked by 1 person

  1. billythekid9919 says:

    He lives in a fantasy world where: he sees himself as beefing on Twitter with Hilary, as if they are equals… in his fantasy world 3 felony convictions = “the charges didn’t stick”. Also, he claims being being charged cost him $100million-$200million… that’s a typical Marty lie… make the range really big when you’re not telling the truth. My oh my.

    Liked by 1 person

  2. FTD says:

    About a few minutes in with this cerno media interview, you will immediately start skipping topics. No tough questions once again for Pharma huckster. He co-invented 6 life saving drugs. Can we get the receipts on these six? 🙂

    Liked by 2 people

    • FTD says:

      I don’t know,Billy. What distraction will he pitch to the judge? Will he start talking about HRC making jokes about him which is why he won’t stop mentioning & obsessing about her?

      Liked by 1 person

      • condor says:

        When a felon commits a new crime (stalking the ex president’s family)… it is no defense to say she was joking about me.

        He has to prove he’s been complying with all applicable laws religiously, and not inciting others to break the law and be a danger… to anyone.

        I know I’m beating this to death… but there is no way his lawyers can save him from jail now. I guess they could argue for a change of venue (a preposterous claim that the AUSAs are singling him out unfairly)…

        But that too is a dead letter in my opinion — just like the silly idea that some definition of “affiliate” would have saved him on Count 8… where he threatened people to control the shares and did not disclose the control attempts… who cares which definition of affiliate applies?

        You flat out can’t. do. that.

        Namaste… anyone else — before Brafman’s replies are filed tomorrow?

        Liked by 1 person

      • FTD says:

        Condor, that’s good to hear. I’m sick to death of excuses why he’s just a prankster, a troll, autistic, mentally ill, etc . Do you think the prosecution has watched this Cerno media interview video? Should I send it to them? 🙂

        [Editor’s note: send the link only to: Jacquelyn M. Kasulis, AUSA Brooklyn — jacquelyn [dot] kasulis@usdoj [dot] gov…. replace the dots with actual periods.]

        Liked by 1 person

      • condor says:

        Let me look at it later tonight; but it cannot hurt. I’ll post the lead AUSA’s email details here later tonight — but you can find it in many of the linked PDF court filings, here.

        And now in much lighter fare — I feel bad for this poor guy — but it plainly tells the reader how the majority of the actual public feels about Marty. This poor NYU student is getting yelled at on the street… just because he LOOKS like Marty.

        That should ease, for this poor fellow — after all of New York reads (on Thursday morning) that the real Marty is now in a Brooklyn lock-up.

        Namaste!

        Like

      • R West says:

        Agree with Condor. It’s like the U.S. Supreme Court has said in a number of constitutional cases: Once you decide the standard, you have pretty much decided the case . “Clear and convincing” is a high bar to overcome. Martin is pretty much toast even with Mr. Brafman.

        Liked by 1 person

  3. R West says:

    According to the Matthew Kluger interview, there would be a couple of big advantages for Martin if he can avoid bail revocation. If revoked: (1) Judge is going to put him in Brooklyn Detention Center until sentencing, which is a real jail; and (2) He would be transported to his eventual prison camp with real criminals in shackles (and trip might take several days), whereas if he’s out on bail, he can (with Judge’s permission) arrange his own transportation and just show up at his assigned prison camp … sort of like traveling on your own to college!

    Liked by 1 person

    • condor says:

      I put it at 90-10 in favor of Marty going straight from Wednesday evening’s hearing to… that Brooklyn lockup.

      I can’t even imagine what Mr. Brafman might offer as “clear and convincing evidence” (either tomorrow by brief or memo of law, or live on Wednesday) of his client’s peaceable, respectable and law-abiding nature… and it must be consistent, long-standing — not new-found.

      He’s. All. Done.

      Namaste

      Like

      • FTD says:

        I think it is worse than we know. You know when others keep talking about what Martin has done that’s illegal, I can answer that.

        First off, let’s talk about illegally streaming phone conversations. Marty has called random people on the phone illegally broadcasting their conversation for entertainment. If you look at the privacy act, it is pretty clear what happens when you do that repeatedly. Once is a accident “I didn’t know I the mic was on” Twice is a crime, there is no excuse.

        Second, he has shown private data from facebook of full names of people that he is obsessed with. Again, you can’t do this. You can’t show any personal information just because you have your own tv channel.

        All he had to do was find a hobby & he would be serving 4-5 years. The judge has a clear indication now that he will never stop meddling in personal issues with others. This puts him on the fast track to bail revoked.

        And these are just a few of the criminal acts Martin has engaged in the digital arena. Anyone that says what has Martin done wrong?

        The answer is, too many to count. Stop riding the fence, ladies & gentlemen. All his chances have been blown to smithereens. And no he isn’t mentally ill or autistic, he’s just addicted to meddling in personal business he has no space to be in.

        Liked by 1 person

  4. FTD says:

    Heads up, Condor. I just viewed & read a screen shot email of Shkreli pressing on this prospect bidder for more than 1 million for the Wu Tang album. He wasn’t interested in making more money with it, he just wants money up front. I wonder why 🙂

    which goes back to Condor’s theory, he’s scrambling for cash and firesale’n his valuables.

    Just to add a final “hmmm” to this. On his facebook he was bragging about buying 2pac unreleased unheard tracks & unheard Dr Dre. This could explain why he wants to sell the wu tang album all of a sudden, he’s trying to raise the money to buy something a bit more sought after. To buy 2pac & Dre would be a lot of money, I’m guessing. Especially with the risk involved, the seller needs to be compensated.

    One could theorize he was trying to flip something with a passing interest to something extremely valuable. The question is why is Marty scrambling?

    Ladies N gentlemen, I don’t think this is a troll, he needs the money. 🙂

    Liked by 1 person

  5. FTD says:

    He’s still talking about Hillary on his Facebook on his live stream. I just don’t think the judge is going to let him skate if the prosecution did their preparation & play all the soundbites this man steps out of picket. 🙂

    Liked by 1 person

  6. R West says:

    I think Judge appointed by Democrat will bend over backwards to appear fair. She may let him stay out and ban him from the Internet except for work. Brafman will probably offer that as an option … but Martin will be like, “What? I can’t live without the Internet!”

    Liked by 1 person

  7. R West says:

    These AUSA’s are really pretty clever lawyers … they are attempting to show a pattern of behavior. It’s all pretty skillfully tied together. Throw in the “clear and convincing” standard, and it doesn’t look good for Martin.

    Liked by 1 person

    • condor says:

      I hear you, R West. And from my perspective, his IS pattern unlawful behavior… and is simply the arrival of the consequence — for that pattern criminal behavior.

      Namaste

      Like

  8. billythekid9919 says:

    So, let me get this straight… he’s using Facebook to make threats to a former Secretary of State which is taken seriously enough for the Secret Service to investigate and take some action. But Facebook is doing nothing to end his use of their product to make such threats? Not a good look when Twitter is better at policing their platform, because Twitter is generally awful at policing.

    Liked by 1 person

    • condor says:

      I think his only chance to save himself now will come next Thursday… if, in remarks before Judge Matsumoto — he swears under oath to straighten up, fly right, and avoid even an appearance of impropriety… he might avoid starting his sentence next week.

      But his own entirely preposterous faux “street” swagger won’t let him offer that remorseful (and likely not genuine) refrain. And the judge will smell a fake, if he tries to do it with a wink and a nod — and she will throw the book at him. That’s my bet.

      Honestly, when we look back — some years from now — we will see that his likely ten years of incarceration all began this coming Thursday night.

      And… no matter what anyone says — he will have been treated with… justice.

      Ground fine, indeed.

      Like

    • aldt440 says:

      I don’t understand why you think I’m going to take this personally; I don’t engage in fanatical zealotry. I am interested in preserving due process and upholding the rule of law.

      Again, for anyone that doesn’t understand my position on the matter:

      Shkreli convinced by a fact finding jury of his peers and sentenced for the crimes he committed = OK

      Shkreli convicted and sentenced in relation to charges with a lower burden of proof, not by a fact finding jury – without adequate opportunity to defend himself and confront accusations in a proper forum = NOT OK

      To sum it up, I enjoy reading about the law and debating the merits of criminal justice.

      Liked by 1 person

  9. condor says:

    And… likely to appear in the AUSAs’ reply due on the 13th, now… the convict’s FB posts about the government:

    “…Fuck the government. I will never kiss their ring or snitch,” he wrote. “Come at me with you [sic] hardest because I haven’t seen anything impressive yet….”

    I think sitting in a grimy lock up with no phone or Internet until Christmas minimum may now be six days off. That may “impress” him just a little.

    He’s a sociopath… and all of this too counts as relevant conduct under the sentencing guidelines.

    Onward.

    Like

  10. bmartinmd says:

    Are the judge’s only 2 options to revoke bail or do nothing? Or does she have the option of increasing Shkreli’s bail (punitively, for bad behavior)? If that’s an option, then I could see her increasing Shkreli’s bail by $2M to $5M. And if he can’t readily come up with the money, then he’s facing the pokey (until he can raise the cash).

    BTW, what’s ebay’s TOS for running an auction from jail?

    Liked by 1 person

    • condor says:

      Great questions, Doc!

      The able Brooklyn USDC Judge Kiyo Matsumoto retains broad discretion to shape the relief needed here. I suspect higher bond won’t be her answer. She could, for example, order him to jail for say 45 days (admonishing that it will be permanent, if he screws up even a bit)… or she could order that he stay off social media (unlikely — as it would just be simpler to lock him up)… she could order a psych evaluation, and an involuntary two week or four week hold in a state mental institution… all of these are options.

      The AUSAs want him in the can until sentencing (likely around Christmas). He’d get credit for time served, so if you believe his fantasy calculations, he will be halfway done.

      My bet is at least a 45 day “big boy jail” stint. Just to wake his dumb a$$ up. Though in truth, an entirely non-violent felony drug defendant would just be remanded, on these facts — permanently in custody until sentencing. And then permanently thereafter, until completion of his sentence. That is what would happen to a less famous (or notorious) miscreant like him.

      So… that would be… justice as well.

      Namaste!

      Like

  11. aldt440 says:
    • condor says:

      Not sure that any of the links are relevant.

      Mr. Shkreli is a convicted felon now, and that has shifted essentially every burden of proof. Significantly, unlike Madonna or any other regular citizen, now — it is entirely Shkreli’s burden to prove by clear and convincing evidence that he presents no danger — and proving that, as to his loony acolytes (all those nut jobs he openly encourages)… will be well nigh impossible.

      He’s going into the can in six days, at least for a while!

      Liked by 1 person

      • aldt440 says:

        Sorry, but the burden of proof does not shift when voicing a veiled threat to blow up the white house… It’s a strict liability criminal act, plain and simple.

        This is the second time in this post that someone has brought up the whole threat by proxy argument or vicarious liability related cyber issues. I’m not convinced that allowing monopolistic companies to police themselves is the best solution. Snopes is a joke.

        I’ve got too much to do today. Sorry I can’t post more.

        Liked by 1 person

      • condor says:

        Do you have a law degree? Never mind. It’s painfully obvious that you don’t.

        You should probably read the law. The presumption is that, as a convicted felon, he should be locked up pending sentencing.

        Only if he proves he’s no danger, may he remain out on bail. But the burden is on him.

        He just blew that. Five days until the start of what will be likely be ten years now.

        Altd440 — you should actually read the government’s motion to revoke bail (it is helpfully linked in the above post, twice), before saying silly things. The law is clear; the judge has today moved up the hearing date — based on his new swaggering contempt for the criminal justice system voiced in the last 12 hours — AFTER the motion to revoke his bail.

        First rule of holes: when you’re in one… stop digging.

        Here endeth the lesson.

        Liked by 1 person

      • condor says:

        Yes — you were wrong about that as well.

        The burden of proof remains on the government to prove the mythical White House charge — but (like Martin) once convicted — one cannot do stupid junk and expect NOT to be tossed in the can.

        QED

        Like

      • aldt440 says:

        Thanks for pointing this out, because I missed it:

        Section 3143 thus reverses the traditional presumption in favor of release on bond embodied in the Bail Reform Act. As the Second Circuit has noted, “18 U.S.C. § 3143(a)(1) creates a presumption in favor of detention; it places the burden on the defendant to defeat that presumption; and it requires the defendant to carry that burden by clear and convincing evidence, not by a mere preponderance. Only if the defendant clears these high procedural hurdles is he entitled to release pending sentencing.” United States v. Abuhamra, 389 F.3d 309, 320 (2d Cir. 2004).

        Liked by 1 person

  12. FTD says:

    When I saw that photo a few days ago, I thought you can’t joke about that and expect to be seen as a nice guy. He has destroyed his whole case by being a total clown. It is what we predicted all long what would happen. His group of cult followers have emboldened him to be devastatingly stupid.

    Condor, I think it is likely that he doesn’t get 10 years but the judge adds more to show Martin that behaviour like this has a price. I’m reminded of several instances i have seen where someone acts slightly out of pocket in a trial & the judge just adds 5 more years because the person is that disrupting or rude in the courtroom talking back to the judge or other antics.

    I think his youtube channel is going to be yanked soon. Not sure if youtube is up to Shkreli’s latest stunts but I don’t think any platform can host him anymore. I would put forward that it encourages a flock of dangerous derelicts in the world of business to be outspoken & brash to everyone under the cover of pale white walker (game of thrones reference) privilege. 🙂

    This goes back to what I said about, abusing the standards & ethics of new guidelines on social media. One of the reasons why I didn’t sweat all the convictions he didn’t get. Because i know someone like that triggers OTHER convictions because of their toxic personality.

    The hair sample comment might seem juvenile & innocent to some but it could easily go south where someone injures a person that looks like Hillary for the “lulz” as trolls say. No one should end up in a hospital from this dangerous huckster.

    And i said before and I will repeat, the unraveling of Martin will come at his own hands. He has doomed himself to reality of not just prison but the reality of penalties of never being able to shut up.

    It never ends well for this type, all bets are off what happens next. I suspect he will be extremely stupid & schedule a interview with a media outlet & talk more out of pocket.

    This judge is not going to go lightly. 🙂

    Liked by 1 person

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