Sentencing Date: January 16, 2018 — And, That’s A Wrap.

Well, now that we know his sentencing date — I will let this incarcerated felony convict’s weed-strewn field lie fallow for a bit (as yesterday has a three year echo to it, for me, personally).

As we turn away from the sad farce that is Mr. Shkreli (now known as Inmate No. 87850-053 — at least until 2 PM EST on January 16, 2018), I found this Washington Post news analysis piece, from a little after midnight this morning — on the evening’s events — to be pretty cleverly put-together:

“…Martin Shkreli wanted to be an Internet supervillain. This time it cost him.

For Martin Shkreli, the acts of ridiculing and trolling weren’t just a solitary hobby. They were a performance for the benefit of his small army of online fans, who loved watching their favorite Internet supervillain get away with it….

He became reviled for the very same behaviors his superfans cheer on: his cocksure displays of immaturity and indifference, and for exuding the impression that he was somehow, always, above reproach….

In his defense, Shkreli’s legal team used a version of the same refrain he’s always used to explain his behavior online: that he wasn’t really serious. Essentially, he’s invoking Poe’s law, the old Internet rule that has to do with the impossibility of proving whether an extreme statement online is earnest or ironic unless you truly know the author’s intent….

In recent years, a version of this rule has become the go-to defense for abusive or offensive online behavior: the claim that it was all just a joke, one that the victim is failing to appreciate. But in this case, [the very able USDC Judge Kiyo] Matsumoto wasn’t buying it….

Shkreli has a habit of live-streaming to his fans after major events in his trial. A day after posting bail following his initial arrest in December 2015, Shkreli spent hours live-streaming, alone, in his apartment. At one point, showing a full view of his computer screen to his viewers, he began to browse the OkCupid dating site, streaming to hundreds of strangers the photos, profiles and messages he could see.

He did it again in August, after he was convicted….”

He is NOW in jail because — as a previously thrice convicted felon — he solicited the assault of someone for a $5,000 bounty, and never repudiated the offer of the bounty — literally on her head (or hair).

It really shouldn’t matter (as she’s just a private citizen now) — but that someone happens to have life-time Secret Service protection. So, it is hard to imagine a more flagrantly stupid and childish — but now likely final — crime. It was his burden to prove — by clear and convincing evidence — that he is no danger to society. He failed to do that, last evening.

And so, as Lauren Duca (an astute and capable journalist, and one of his earlier “crime spree” victims) tweeted, he’s found himself at “the intersection of karma and justice” — indeed.

Indeed. Be well, one and all. See ya’ next year — the Infinite willing.

[Subsequent note: this too is a worthwhile read.]



23 thoughts on “Sentencing Date: January 16, 2018 — And, That’s A Wrap.

  1. R West says:

    Here’s my guess: Brafman will file a Motion for Reconsideration later next week. Martin is probably in solitary confinement in horrible conditions and he’s going to say Martin has learned his lesson, this is a little extreme punishment to go all the way to sentencing date, and bail should be restored with an Internet social media ban …may not work, but has to try it!

    Liked by 1 person

    • bmartinmd says:

      No surprise, but the place sounds like a shithole. I used to hate driving down to the Cook County Criminal Court Building, next to the Cook County Department of Corrections, for jury duty. And that was nothing. I can’t imagine actually walking into a place like that or the Brooklyn MDC, knowing that you couldn’t leave of your own accord. The women’s section is reportedly more hellish than the men’s.

      You wanna stay out of jail? Do what your lawyer tells you. And I’m sure Brafman told Shkreli to STFU until Brafman was blue. And Shkreli didn’t listen or heed Brafman’s advice, so Shkreli’s now in a shithole detention center awaiting further sentencing from a very irritated federal judge.

      Ben Brafman in a 2004 interview: “I had an observation during the ‘Puff Daddy’ case one day, when I said to someone in passing, look, if we have a bad press day tomorrow but at the end of the day we win, no one is going to remember the bad press day. If have you a good press day, but because of that good press day you compromised your strategy or you lost focus, then if you lose the case no one is going to remember the good press day.”

      Shkreli’s lost his freedom in exchange for “good press days” that no one will remember.

      Liked by 2 people

      • condor says:

        Strangely enough — I’ve been in Cook County lockup — and a defense buddy of mine who does work in Brooklyn says Cook County is about the same as MDC… and no — other than in the lawyer cubbyholes, I’d not ever wanna be there… ugh.

        But it is the path Marty plainly chose.


        Liked by 1 person

    • condor says:

      Now that’s… REAL Gangsta’! Well done Mr. The Kid!

      We all know he can’t hold a candle to your… avatar…

      Hilarious! Now, more seriously —

      Please — I beg all of you — do NOT write him at this inmate number (87850-053).

      Ms. Smythe is NOT advising people that the DOC reads everything written to him.

      DO NOT LET HIM ensnare you in even a whiff of his foolishness. Just don’t email, write a letter or call.

      All emails get printed out, read — and then (and only then) delivered to him, if he consents to your contact.

      Based on what I know — unless you trust Martin to only talk with you about entirely lawful topics (who would believe that?!)… by writing him, you may be invited to have a sit down with the DoJ/FBI or Homeland Security… in sum — not worth it.

      Liked by 1 person

  2. bmartinmd says:

    If you have to feel sorry for somebody in this mess, feel sorry for Shkreli’s family…or his cat. But please people, don’t feel sorry for the slight and pasty-white Shkreli because he’s in the big bad Brooklyn MDC.

    Shkreli wasn’t indicted and convicted because he raised the price of Daraprim (pyrimethamine) 5500%. He committed securities fraud, which was being investigated by the SEC BEFORE Turing acquired the US rights to Daraprim. Journalists seem to have a very hard time remembering that very important temporal sequence.

    Shkreli’s currently in jail because he urged his FB followers to assault the former secretary of state, WHILE HE WAS OUT ON BAIL. That all-caps phrase is the salient point that Shkreli’s followers and apologists seem to forget. It’s a teachable moment, kids. Behave yourself while out on bail.

    So, condor, one final question (for now): What happens to Shkreli’s $5 million bail bond? Did he forgo it because of his stupendously stupid antics? Is it now the full and rightful property of the feds?

    Liked by 2 people

    • condor says:

      Great question! I really don’t know. His attorneys have a lien on it to be sure — most criminal defense lawyers insist that the accused sign over the bond — but since he owes the IRS so much, that lien may be prior even to Mr. Brafman’s.

      The order doesn’t specify that the government is keeping the bail money — so I would expect that now the NY State, and IRS collection agents will negotiate with Mr. Brafman about how the money will be split.

      If there is any left over after that, Dr. Koestler and the other (securities fraud) judgment creditors are next in line.

      In sum — he will never get to buy himself commissary treats with it.

      R. West may know more on this than me (nodding to defense counsel, here).

      Liked by 2 people

      • FTD says:

        I have a question, how does the EBAY sale transaction end with Martin in jail? No one has his password, I bet. 1 more day and it will end with no one to transact the sale properly. 🙂

        Liked by 1 person

      • condor says:

        I’m uncertain about eBay rules — but it would be safe to assume there was never any real offeror at $1 million or more.

        Strictly a sock puppet show, in my opinion.

        After all — what real millionaire trusts a 3X convicted felon, facing jail in days (the last “bid” came in after his “f- the government” tirade…) to deliver, from the can?!

        Marty was never selling; no one was ever buying — not at over a million bucks. And the IRS had first dubs on the CD set, from the go.

        Shkreli was — in short — running another Rick’s Caberet style scam.

        That’s my very strong suspicion.

        Great question!



      • condor says:

        No regular reader should be surprised, but Fox Rothchild (a law firm Marty owes a ton of money to, for civil defense in the Retrophin securities suits and the KaloBios bankruptcy) just now (September 20, 2017) indicated that it is still seeking legitimate bids for the Wu Tang CD set.

        It seems there was no EBay winner — and I would gather that Fox Rothchild has been promised at least some proceeds — to pay off a part of its overdue legal fees.

        That last bit is conjecture.

        But do read this.



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