Before our regularly-scheduled Valentine’s festivities (tomorrow night), we will take the morning mass — to affix ashes — so as to offer some Ash Wednesday pennance: we wholly failed to report on this — in later September and early October of 2017.
But back when Vyera was called Turing, and in 2015, before Marty was arrested (for what have been held to be other felonies), he was running a Daraprim cash machine — and, as alleged by Impax, he was cheating Impax out of rebates the latter was owed.
In a well-reasoned and previously published 40 page opinion, the able US DC Judge Ramos (sitting in Manhattan) largely agreed with Impax, and held against the then-Shkreli controlled Turing.
Here’s the business end of that opinion — just to keep a complete record:
…The Court also disagrees with Turing’s argument that Section 8.3 resolves any ambiguity
with respect to the terms “sold” and “sale” in Sections 2.4(a) and 9.2(d). Section 9.2(d), which
explicitly deals with Medicaid rebates, directs the parties to Exhibit E—and not Section 8.3—for
any necessary clarification. Indeed, Section 9.2(g) instructs that in the event of a conflict
between Section 9.2 and Exhibit E, “the provisions of Exhibit E shall govern.” Moreover,
Turing’s argument that Section 8.3 limits Turing’s responsibility to obligations arising from the
sale of Daraprim by Turing is unavailing. By its express terms, Section 8.3 provides that it is
effective only insofar as the APA does not set forth otherwise. It is evident that the parties
provided otherwise in Exhibit E. As Impax points out, “for the words [in Exhibit E] to have any
meaning, Turing must be held to its obligation to pay all Medicaid Rebate Liability triggered by
utilization after the Close….”
And my particular punch line here is that this too — whatever millions Impax was shorted, by way of rebate payments, on Daraprim, should be ADDED to the losses the able AUSAs set out, in making Marty eligible for a level 27 (or higher) sentence — not a level 7, under the federal sentencing guidelines.
Now, I will close by generally noting that while Marty is serving, and will serve, significant jail time — it strikes me as unduly facile to argue that this is in any way… unfair or unjust.
A USDC Judge — and a very good one, in Judge Matsumoto — specifically found he was dangerous.
That he presented an undue risk of harm to the community (or himself), as a “loose cannon” convicted but not yet sentenced felon. He is in the Brooklyn MDC because he chose to make repeated written threats to the safety of the former Secretary of State of this nation.
In my view, there is nothing unjust about his incarceration now — nor when Judge Matsumoto determines his actual final sentence on the three felonies in about a month, now.
Here endeth the penitent man’s Ash Wednesday… rant.