And… The Sharp End Of The Spear… Has Emerged, From The Shadows — Of The Empire State.

In fairness, Aldt 440 alerted us that Ms. Smythe had it first — as I was (momentarily) off-grid at a client’s black-tie charity dinner, on the river…. the defense makes the usual — and largely discredited — noises, to try to hold on to some of his remaining liquid net worth.

It is still all up to the able Judge Matsumoto to decide, but it seems some of his putative (drug price-gouging, and securities fraud generated) estate… has… already left the building.

It seems the Empire State tax man already scooped the original WWII era coded message sending and transcribing machine called an  Enigma. [Conservatively, this should have garnered (at auction) more than $1 million — especially now that it bears the allure of this particularly intriguing narrative. But we may never know what the New York authorities got at auction for it. Be assured: Marty is never getting it — or the proceeds from the auction sale — back.] Note that the tax authorities never needed to show that his Enigma was purchased with crime proceeds — all they needed to do was demonstrate he hadn’t paid his taxes. That, they clearly did. Then they were able to attach and sell it. Done. So the defense’s argument about that point is… off base. It appears on the concluding pages of the below link.

Sweet — here is the entire eight page PDF of the filing, seeking (i) that the E*Trade account be used primarily (again) to pay lawyers (see above right graphic)… and (ii) the nearly one half of all the outstanding Vyera shares be the subject of a longer-term, carefully vetted process, to maximize their disposal value — and presumably preserve the jobs of Vyera employees, and retain some company/enterprise value for the non-affiliated stockholders of Vyera (formerly Turing). In sum — and to be clear — a return of the proceeds from the Enigma (among other things, in this brief) is not likely… ever to come to pass.

In these matters, the United States Government almost always comes out on top. This case, I predict, will be no different.

But I do expect at least some of the lawyers’ and accountants’ remaining unpaid fees will ultimately be paid.

Now you know. Namaste….


24 thoughts on “And… The Sharp End Of The Spear… Has Emerged, From The Shadows — Of The Empire State.

  1. R West says:

    While we’re waiting for something to happen, want to hear a funny story? One reason the crime rate is so high is innocent people don’t want to get involved in helping the police. Several years ago I saw these two guys breaking into cars and told the police. The police caught one that tried to hide in the car and the other one ran away. The police had no interest in chasing the guy running, which surprised me … I was trying to tell them the guy was running into an area where he was trapped and they just look at me and roll their eyes like I’m an idiot. So then a couple of months later I get a subpoena to appear in court at the courthouse across town at 8 am … really inconvenient for me. Then I get there and the bailiff is some rude guy bossing all the court spectators around like they are all criminals. Then I talked to the prosecutor and told her who I was .. “I’m a witness for you” … and she pretty much treats me like a criminal defendant too. After hanging around court for the case to be called, the defendant pleads guilty and I get to leave after wasting half of a day. No one ever thanks me for anything. I consider a witness now as “criminal for a day.”

    So last year I heard a noise outside at 4:20 am and I look out the window … there’s a guy out in the street stealing the wheels off of a car. So my first thought was to call the police … then I thought about my experience before … and I thought: “It’s not my car … I’m not worried about it!”

    Liked by 1 person

  2. R West says:

    This is getting boring … why doesn’t Martin stage a prison break … sort of like Escape Like Alcatraz?

    I took the Alcatraz tour … recommend it highly .. be sure and rent the headphones for the audio portion! If possible go in the fall … best weather!

    Liked by 1 person

    • condor says:

      The one thing I will say is that Ms. Smythe is right in assessing that most of what all incarcerated felons now endure… bears nearly no relationship to rehabilitation or improvement… my personal current example?

      I am presently investigating a new Colorado DOC ruling (state level) that declares playing cards… to be contraband. Ordinary playing cards — previously sold at the commissary…. wtf?!

      Older inmates (many doing natural life) while away afternoons playing quiet games of cribbage, peaceably.

      But no longer, come February 12, in Colorado.

      It makes no sense — at all.



      • condor says:

        It seems that once the for profit prisons distributed J-Pads, to the inmates — at least in some facilities, they are declaring real card decks to be contraband, in order to “force” inmates to play and pay for the computerized card games by the hour, on their JPads.

        Disgusting. It’s simply a way to bleed the inmates’ families — on the outside, in my opinion.

        Prison industrial complex, indeed.

        Namaste — off to see No. 1 Villanova play Marquette — floor seats on Sunday… at noon… quick road trip!👊🏽👊🏽👊🏽


      • R West says:

        Before I read Condor’s comment, I was stuck at Starbucks with nothing to do, so it was a challenge to figure it out. Here’s another theory:

        • Some prisons don’t allow prisoners to play Dungeons & Dragons, which is considered a “role-playing game.” The prison wardens think it promotes gang activity and is a threat to security.

        • Dungeons & Dragons requires dice to play. Almost all prisons ban dice as gambling contraband.

        • The D&D-playing inmates take a deck of cards and eliminate the high cards so as to effectively make a set of dice

        • If the wardens can show that’s what the inmates are doing with the cards, the wardens will likely win on banning card decks.

        Liked by 1 person

    • R West says:

      News this week in Alcatraz escape … letter received by SF police: “A man claims three Alcatraz prisoners ‘barely’ survived a 1962 escape — and that he’s one of them”. Wash Post

      Don’t know if the letter is real, but they probably did survive the escape. Odds of no bodies being found is infinitesimally small. Look at Scott Peterson case … even though police believe the body was weighed down with concrete anchors, body parts still washed ashore three months later. And like someone said, every year there is a swim to Alcatraz island and everyone makes it successfully … it wouldn’t be that hard. I would be pretty confident they made it! And they were very street savvy criminals that had escaped before … they apparently are well familiar with the concept that escape tolls the statute of limitations, so there is no statute of limitations! I don’t know how many laymen realize that … so that could mean letter is genuine.

      Liked by 1 person

  3. R West says:

    Experts question why more kids are dying of the flu? It’s probably not that complicated … kids don’t get outside and play in the dirt like they used to. Experts also don’t fully understand why, but it seems that breathing in, playing in, and digging in dirt may be good for your health.

    Liked by 1 person

      • condor says:

        Indeed. The stalker in Ms. Smythe mentioned it on her Twitter feed same night — and she pointed out the layer of irony presented by Murray saying it — given his role in the Shkreli musical — or douchical, as she referred to it (I think)…

        The whole thing has become as surreal as a failed Salvador Dali painting…

        But I can’t look away!


        Liked by 1 person

  4. Malncka says:

    Interestingly, according to the CNBC article that came out today, his enigma and other valuables (papers from Newton, Ada Lovelace, and Darwin!) were seized and auctioned off by tax authorities last May…

    Surprised that the prosecutors weren’t aware!

    Liked by 1 person

  5. R West says:

    On such weird facts, you know this is going to the Second Circuit. Both sides have a good argument, so I would say outcome is a toss-up. On one hand, Gov’t argument that it’s all one interrelated scheme seems convincing. On other hand, if the Gov’t charges eight counts and only gets convictions on three counts, it’s not like the sentencing guidelines … they have to look only at the three guilty counts. If Martin lost all the money investing and you have to ignore the Retrophin “fraud” because he wasn’t convicted on that count, then he didn’t have any significant financial gains. I don’t know … this is the most interesting issue they have come up with in a long time!

    Liked by 1 person

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