But as I said, I’ll cover it mostly only to note the Shkreli factor — on Mr. Greebel’s chances. Wait — maybe that’s backwards: I offer it to show how seriously Judge Matsumoto will regard Mr. Shkreli’s long pattern of lawlessness, at his sentencing…. yeh — that’s it.
In any event, here is the overnight minute order, from the eminently capable USDC Judge Matsumoto, in full:
…Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pretrial Conference as to Evan Greebel held on 10/6/2017.
The court will address Mr. Greebel’s motion to dismiss Count Seven in an order to follow.
The court granted in part and denied in part Mr. Greebel’s motion and the government’s cross-motion regarding the Rosenfeld and Koestler arbitrations; denied Mr. Greebel’s motion to admit certain statements of Martin Shkreli; denied Mr. Greebel’s motion to preclude evidence of Mr. Shkreli’s threats to Mr. Pierroti, and granted the government’s cross-motion; denied Mr. Greebel’s motion to preclude evidence of his compensation at Katten and Katten’s fees; granted Mr. Greebel’s motion for a questionnaire and instructed the parties to submit a joint revised questionnaire; deferred ruling on Mr. Greebel’s motion to introduce certain statements made by government attorneys; denied Mr. Greebel’s motion to preclude certain testimony of Jackson Su, Stephen Aselage, Corey Massella, and Timothy Pierotti; denied Mr. Greebel’s motion to preclude the government from asserting that Mr. Shkreli had personal liability for MSMB losses; denied Mr. Greebel’s motion to preclude the government from alleging additional co-conspirators and for a pre-trial hearing as to the admissibility of co-conspirator statements; granted Mr. Greebel’s motion to preclude argument that outside auditors determined settlement agreements were “improper”; reserved ruling on Mr. Greebel’s motion to preclude admission of government exhibit 242; denied Mr. Greebel’s motions for in camera review of legal instructions to the grand jury, to preclude use of discovery obtained by post-superseding indictment grand jury subpoenas, and for copies of grand jury subpoenas; advised that Mr. Pierroti must avoid gratuitous remarks; denied Mr. Greebel’s motion to preclude the testimony of Ms. Oremland; reserved ruling on Mr. Greebel’s motion to preclude the government from introducing evidence relating to MSMB Capital and Healthcare; reserved ruling on the government’s motion to admit certain post-arrest statements of Mr. Greebel; reserved ruling the government’s motion to preclude Mr. Greebel from testifying about his review of evidence in the case; denied as moot the government’s motion to preclude Mr. Greebel from introducing evidence that Mr. Shkreli lied to others, based on Mr. Greebel’s agreement not to make propensity-based argument; ruled that if the government introduces evidence of Mr. Greebel’s post-arrest statements and the defendant makes arguments or introduces evidence regarding the conditions of arrest, the tape of the post-arrest interview may be introduced with appropriate redaction; denied the government’s motion to preclude evidence of Mr. Greebel’s background; set a date certain for Mr. Greebel to produce documents he intends to admit in his case in chief; granted the government’s motion to preclude defense counsel from referring to themselves as former federal prosecutors; denied the government’s motion to preclude Mr. Brodsky from cross-examining Mr. Pierroti; granted the government’s motion to preclude testimony from Mr. Garner and Mr. Dooley, and ordered that Mr. Greebel provide certain information requested in the government’s  October 4, 2017 letter by October 11, 2017 (Ferruolo, Klein, Minkoff, Smith) and October 13, 2017 (Lewis, Johnson, Ferrante). The court emphasized that it expects that the parties will adhere to court-ordered deadlines, and that it may not consider late-filed motions….
Now you know. This is also (IMNSHO) a “bellwether” of sorts — suggesting a bit about the able Judge’s views — on the seriousness and pervasive nature of Mr. Shkreli’s felony conduct — which (IMHO) will likely increase Marty’s ultimate sentence. This same able jurist will pronounce Mr. Shkreli’s ultimate sentence in mid-January 2018.
Until then, he will sit… in the can.