[U, X2] Well. We Must Be Nearing The End Of The Greebel Defense Case…

UPDATED: 12.09.17 @ 10 PM EST — Late on Saturday night, defense counsel Reed Brodsky filed a five page PDF of a proposed Jury Instruction No. 49 — to set forth the defense’s theory of the case.  To be clear, Judge Matsumoto has not agreed to give it yet, but as it likely tracks the defense closing argument before the jury, I  will disclose it, as the jury will hear it in real time, anyway. I link to it now, because the other 48 instructions (already ordered, and provided below earlier today) closely track those in the US v. Shkreli trial. As I say, this one  proposed instruction nicely highlights the differences (some real; some imagined) between Messrs. Greebel and Shkreli. So do… enjoy.

Yep — I’m just providing balance here. I now (late on Saturday night) expect the jury may get the case as early as mid-week. Final UPDATE — 12.12.2017 @ 4 PM EST — Yesterday, the defense team said in a filing they were trying to winnow down their case. I trust that they are. And now, the likely final jury instructions are now public (84 pages) — from Judge Matsumoto’s just entered order. We must be getting closer. [End, updated portion.]

I say that because overnight, the very able Judge Kiyo Matsumoto has posted her order containing nearly final jury instructions, into Brooklyn’s PACER window. We here on this blog outlet made those final instructions public immediately, in the Shkreli trial — we will do the same as to Mr. Greebel. Here are those 81 pages of PDF-ey goodness.

In addition, we expect letter briefs to be filed over the weekend, on instructions about Mr. Greebel’s desire to admit into testimony (and more likely — into questioning, on cross-examination of government witnesses) the fact that he waived Miranda, and spoke to the FBI agents for several hours upon his arrest. I don’t think, on balance, that helps him much — since it might raise the question of why he isn’t testifying now, in the minds of the jurors. And that, as we all know — is something the AUSAs may not even hint toward.

In sum, I think the defense case will wrap up early- to mid-next week — and the jury will get the case by mid-week… [Updated: perhaps even by late on Monday.]

Or… the defense has a long way yet to go, through a dark and snowy wood — and Judge Matsumoto is just trying to get ahead of the impending holiday rush. Smile.

We shall see. I do not expect Mr. Greebel will testify, in any event.

And I must say — I truly do enjoy the graceful, if sublimely faint, scent of new snow on old cedar planking… this early morning, just north of the City of Big Shoulders….



9 thoughts on “[U, X2] Well. We Must Be Nearing The End Of The Greebel Defense Case…

  1. ! says:

    This letter will negatively influence his sentence, but what do you think about the fact that this guy posted a private letter publicly, probably w/o Shkreli’s consent? Though I guess Shkreli’s would have expected it considering he’s crafted other letters based on the fact that the recipient would post it online. But I guess it’s this carelessness that landed him in jail anyways, so it’s somewhat deserved.

    Anyway I just commented about that because I saw someone criticize him for posting a private letter for publicity…

    Looking forward to more developments on the greebel case tomorrow!

    Liked by 1 person

    • condor says:

      I hear you, “!”… and I will say that once Marty went in to Brooklyn MDC, the whole concept of “his privacy” shifted.

      I assure you that the guards read that letter prior to it being put in the mail. Which means the AUSAs likely had a copy before the recipient did.

      We out here in the public might not have otherwise seen it, but as a convicted and incarcerated felon, Marty has next to no expectation of privacy — in his letters, among other matters.

      So yes — onward to the Greebel outcome!

      Namaste — and goodnight!


  2. R West says:

    I looked at the case cited in the footnote: United States v. Gaf Corporation [Jury instruction should present defendant’s theory of the case.] But that was all about the defendant’s right to add one fact [“the district court should have instructed the jury about the November trades as requested.”] The context of that case would not indicate that the defendant has the right to a jury instruction that rambles on for pages and sounds more argumentative than factual. I predict the Judge will say the proposed jury instruction is just argument that should be presented at closing.

    Liked by 1 person

    • condor says:

      UPDATED: Noon 12.11.2017 — the able Brooklyn AUSAs just made your argument, verbatim, R. West! End, update.

      Probably, R West.

      And perhaps last night I was just feeling a little bad that I take such a prosecutors’ line here.

      I do think Mr. Greebel will be convicted on at least one count — and as you say, I am sure much of this will be said in closing.

      Now we wait to see how soon the jury gets the case.

      Onward, and Namaste….


  3. aldt440 says:

    Greebel’s services were consumer fraud, plain and simple. I think Brafman was right when he said “My client paid millions for his services and all he got was an indictment.”

    It just doesn’t seem right to me that an attorney can pillage with excessive fees, for criminal acts subjecting his client to prison, and only be charged with two conspiracy counts. I’m not sure he conspired with anyone, he simply took advantage of the situation and probably assumed Shkreli would be stuck holding the bag.

    There is no mens rea defense for Greebel.

    Liked by 1 person

    • condor says:

      I am beginning to think the guy wants to get at least ten years.

      Of course the AUSAs will add this charming missive into the sentencing report.

      Ms. Smythe is right: so much for remorse — and/or acceptance of responsibility.

      See ya’ Marty. Great find, Billy!



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