[U X2] Meg Tirrell, On Marty’s Hearing — And… Beard!

 Here is the money quote, from the ever capable Ms. Tirrell:

“…On the other hand, if the judge accepts prosecutors’ claims, then the guidelines could recommend a prison term of up to 300 months or more for Shkreli…..”

That’s… 25 years. I suspect he will be sentenced to a little less than that; and he’ll actually be incarcerated for… around a decade.

In addition, Bloomberg is reporting that his mother was in the courtroom for the first time since his arrest in December of 2015.

More as I learn it — but I do feel for his mom. No mom (or dad) ever wants to see their adult issue… in the dock.

UPDATED @ 4 PM ESTThe New York Law Journal has it that the able Judge Matsumoto was inclined (preliminarily) to exclude the acquitted conduct wire frauds (which pushed the total losses well over $20 million), thus:

“…Matsumoto said during the hearing that she was “leaning against” the government tossing in the additional $10 million for the acquitted wire fraud conspiracy charge, but pushed back against arguments by Shkreli’s defense team that there was no actual loss to the investors, saying it runs counter to precedent set by the U.S. Court of Appeals for the Second Circuit.

“I think that your definition of loss runs contrary to what the circuit defines as actual loss,” the judge said to Brafman during oral arguments….”

Now you know — and should the able judge so rule, that would put us in the “one decade range” of actual incarceration, I have long been predicting.

TRIVIAL UPDATE on Sunday morning (02.25.2018):

Deadspin has deep-faked Marty (and done so, quite poorly — and hilariously so), but truly, it did make me laugh, given that Meg Tirrell — and now the New York Post had remarked on the record — to the effect that he looked to have “filled out” a bit (by lifting his mattress, rolled up — about 700 to 1,000 reps a day?), during his five months, in the Brooklyn MDC (for obvious reasons, inmates aren’t allowed actual dumbbells):

That’s a grin, right? Namaste…

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33 thoughts on “[U X2] Meg Tirrell, On Marty’s Hearing — And… Beard!

  1. Malncka says:

    Check out this comment on Shkreli’s last facebook post

    Christie Smythe Hi kids. I assume most of you are younger than me, so I’m saying “kids.” I’m writing a book on Martin. I am also an experienced legal reporter. Guess what: there is no F-ing way he’s getting time served. The prosecutors are likely to seek well over a decade. It sucks, if you like him, but that’s what’s happening.

    Liked by 1 person

    • condor says:

      An attempt to create a “viral backlash”?!

      And then use it as a personalized narrative for the… oh… next 13 days, until we likely find out his sentence?

      I’d be willing to bet on THAT!

      Great find, Malncka! And namaste…

      Like

      • aldt440 says:

        I’m not sure I understood your initial question or addressed it properly. I was assuming you meant she was focused on creating viral backlash in response to court proceedings and his looming sentence.

        Yeah, it looks like she’s using it to plug her book. Hahaha Like I said, FB is going to shoot her down and she is wasting her time there. It appears that she has no idea how FB algorithms work. Because he’s a conservative rebel, Martin’s FB account is severely throttled down by AI and probably actively screened by very very liberal FB moderators too. The chances of anyone seeing his or her posts in their feed are very slim. Just look at the stats: he’s got 93,420 follows, 5,000 friends, and very little interaction. He’s averaging about 450 likes per post and 40 shares. Lots of those could be fake shares or bot likes, sometimes FB is sneaky and dishonest. The character and social status of people FB lets his account engage with is important too. Don’t get me wrong, FB can be your best friend and an excellent marketing tool. I’ve got friends that have run some amazing campaigns on FB, but they usually cost $ and you need a specialist to help you dial it in.

        I’m assuming she has put a lot of work into the book and I hope she does well. Unfortunately, I just don’t see the word getting out. A brief google search for “Martin Shkreli Book” reveals that there is no advertising campaign or website to take advantage of what I am guessing would be a massive number of search engine queries on March 9th. It takes time to advance a site in Google search engine rankings and, at this point, a few weeks probably isn’t enough to get to the top of search results… To me, this looks like poor planing and a complete waste of free advertising!

        I don’t know anyone she has reached out to either, which I think is odd. Has she contacted anyone here? I think it would be difficult to create and market a product without feedback, input, or advice.

        Liked by 1 person

    • aldt440 says:

      Really Condor? That’s pretty far fetched. Perhaps she’s sick of responding to DMs and e-mails asking the same question over and over.

      I think there should be a viral backlash, but Smythe’s FB post is definitely not going to be the the catalyst. Hopefully, you know by now that FB only lets things go viral if they suit their sinister agenda. All a long prison sentence for Shkreli will do is levy more social and economic costs onto the middle class. His conviction is not going to deter bankers from pillaging or drug makers from charging too much. Locking him away for participating in an immoral trend, with a very small market share nonetheless, is stupid. I’ve provided numerous evidence to support my position here. I’ll believe things have changed in the drug industry when Purdue Pharma executives get jailed, not because PhRMA is trying to make their image more palatable by destroying Shkreli.

      This article just came out yesterday and it doesn’t look like much has changed.

      Let’s do some real work here and focus on something that will actually make a difference. When are you going to start a Purdue Pharma blog?

      Liked by 1 person

      • condor says:

        If it interests you, feel free — re Purdue — it’s easy and free to blog on WordPress. I am out of capacity to manage any more…

        Lest you think I’ve not done my part for God and country — I’ve run a similar blog, about legacy Schering-Plough’s dishonest pricing for just about a solid decade now. That’s over 7,000 posts, so … I’ll decline being volunteered, thanks.

        Liked by 1 person

      • aldt440 says:

        What’s so random about my post RWEST? I think it’s withing the scope of this blog. If you have something to add or say, you should be more specific. If you think I’m wrong about something, state your position and debate. I’d like to think we’re all here to seek knowledge and exchange ideas.

        Liked by 1 person

      • aldt440 says:

        “Lest you think I’ve not done my part for God and country — I’ve run a similar blog, about legacy Schering-Plough’s dishonest pricing for just about a solid decade now. That’s over 7,000 posts, so … I’ll decline being volunteered, thanks.”

        I just checked out your other property. I see lots of partisan political commentary and not much about price gouging. Some of your political posts are clearly wrong and divisive. Why support main stream Democrat talking points? Their entire premise has been a complete farce since Obama pushed Guantanamo legislation to the bottom of his priorities list. Are you aware that the allegedly “hacked” DNC server has never been inspected as evidence by law enforcement? How in the hell can the assholes in Washington blame Russia for election meddling, for years now, when the damn server has never been inspected by the FBI? Not even CNN can refute this fatal flaw in the narrative:

        https://www.cnn.com/2017/01/05/politics/fbi-russia-hacking-dnc-crowdstrike/index.html

        I’m not wrong for questing your opinion here. You are clearly an industry insider with a severe bias towards keeping Shkreli in prison for as long as possible, and for the most part, you have completely disregarded any moral or ethical reservations for fair punishment. I’ve explained in previous posts how I believe Shkreli’s conviction vindicates a corrupt industry and PhRMA’s motivation for alienating and vilifying him. I’m just speculating here, but quid pro quo industry dealings have crossed my mind as your prime motivator for creating this blog.

        From my perspective, it looks extremely odd that you practice M&A law by day and blog as a bleeding heart liberal by night. It just doesn’t make ethical sense. How can you cut deals that unjustly enrich executives as well as eliminate jobs and be for the little people too? Look, I respect the fact that everyone is entitled to their own opinion and career path, but I do think life will be easier for you if you look in the mirror and pick a side.

        To anyone that thinks I’m trolling here, I not pulling this stuff out of my ass. I am for punishment that satisfies the statutory purposes of: just punishment, deterrence, incapacitation, and rehabilitation, but not the statutory maximum in Shkreli’s case. I frown on sentencing enhancements for uncharged conduct because, in my opinion, they encroach on the 5th and 6th amendment. I also think I’m correct to raise issues of selective prosecution and just punishment too when criminals like Corzine, Dimon, Goldman Sachs, et. al. get a free pass. I’m not too far off here; most legal scholars agree with my position. And, most importantly, the legal profession and the healthcare industry are unfairly encroaching into my disposable income and liberty. THIS IS WHY I’M HERE.

        Just for laughs, I read an article a few weeks ago about Amazon, Berkshire, and J.P. Morgan joining forces to form what I’d like to label the Bermuda Triangle of anti-competitive wealth extraction. What could go wrong when some of the biggest criminals in the world get together to make things better? Shkreli, a young and largely inexperienced executive with a trace market share, is going to do hard time so everything is OK right?

        Liked by 1 person

      • condor says:

        Hmmm. You might think about the decaffeinated brands. And thanks — for your largely mistaken take — on my life.

        You’ll understand if I both ignore your views on that subject — and choose NOT to explain myself, at all, to you.

        And if you don’t understand… well, that’s okay by me too. I’ll do me; you do you.

        Feel free to post here — but as ever, I’ll respond only to things that interest me. It is my lil’ joint, after all…. I think you’ll find most people here get that this is a marketplace of ideas… you might take a moment to consider why so few of yours “sell”… here.

        As to politics, I speak more often to them now that Merck is stable and thriving. I also cover space science from time to time there… do go read anything from 2008 to 2014, on the other site. Or… don’t.

        Whatever, dude.

        Liked by 1 person

      • billythekid9919 says:

        “To anyone that thinks I’m trolling here”. You are as ever DouceTroll4000. I knew you couldn’t keep the crazy locked down for long. You tried to sound measured and thoughtful for a bit but it just doesn’t suit you. Let your freak flag fly DouceTroll.

        Liked by 1 person

      • condor says:

        Well — it only took 24 hours, but Ms. Smythe is now using FB and the comments section thereto — to try to gin up excitement for her book.

        It seems the natives aren’t buying her schtick so much, though:

        Christie Smythe Lol. I might put some of this stuff in. You guys are hilarious….

        Do read them all. If Marty said the sky is green these folks would argue Ms. Smythe down, if she said it is blue.

        So — to answer aldt 440 — it would see this is a vehicle for her book. Q.E.D.

        Like

  2. R West says:

    Few things:

    • It looks like Bloomberg has taken Smythe off reporting on Shkreli.

    • Press seems to be convoluting the potential forfeiture loss with the sentencing loss. It’s fair to say these are two different bodies of law. Forfeiture loss could be small, while sentencing loss could still be large. Forfeiture is more about what Martin gained; while sentencing is more about what the investors lost before the discovery of the fraud. Those two amounts could be totally different.

    • I could be missing something, but it sounds like the Judge isn’t going to hear much argument on sentencing. I don’t know … but looks like there will be a brief hearing on Mar. 9; maybe she takes a 10-minute break; and then she comes back and pronounces sentence.

    Liked by 1 person

    • condor says:

      It may also be that Ms. Smythe declined the assignment, though her tweets make it clear she was in the courtroom, today… I suspect she’s saving her narrative of this day (and March 9th)… for her tome.

      Namaste!

      Like

      • R West says:

        Well .. maybe Bloomberg News actually has some journalistic ethics? How can you have someone reporting when they are more like a cheerleader for the defendant? Fact they let it go on for so long makes one question whether Bloomberg News is worth reading?

        Liked by 2 people

      • R West says:

        Wait … I missed this at bottom of article: “— With assistance by Christie Smythe”

        What skunks! She’s still significantly writing it; they are just passing it off as coming from another reporter!

        Liked by 1 person

      • condor says:

        Weird. I admit I looked for a “contributor” line last night — I do think that was added, overnight. And I do think she will by-line fewer articles because I suspect her book concludes on March 9.

        That is — I think her final chapter is how many years Martin is put away for.

        Namaste!

        Like

  3. CagingMartens says:

    How exactly are you arriving at a decade of actual incarceration time?

    When I ran the numbers through the USSG, any loss in the 9.5-30M range would be a 27 point offense with guidelines at 70 to 87 months. Assuming he doesn’t get busted for pruno or shanks, he’d do 85% and get released between August 28th, 2022 and November 11th 2023 taking into account credit for time served.

    Expecting an upward departure?

    Not sure if the second circuit would let it stand or issue a Jacobson remand.

    Liked by 1 person

    • R West says:

      Judge could easily add more points if she wanted to, because he was convicted of three felonies … and sentencing report didn’t appear to add more points for multiple felonies. Plus he violated bond, and there are several other point categories that could apply in theory, as has been mentioned here.

      Liked by 1 person

      • CagingMartens says:

        I think all the counts merge under §3D1.2

        The only other enhancement I can reasonably see being applied is another +4 for being the CEO of RTRX, but the prosecution is claiming the fraud was completed before then.

        The judge can’t just add more points, but she can depart from guidelines up to a statutory maximum of 20 years.

        Liked by 1 person

      • FTD says:

        CagingMartens, let me tell you why it will be more of a sentence. Martin has shown a great disrespect for the law & the system in which he is currently serving time for (an offense I might add, that he didn’t have to serve if he just shut up)

        Martin will never shut up, he will never stop violating the rules. Trust me on this one, he’s going to get a sentence much more when he is imprisoned for violating rules. He’s a born rule breaker.

        He’s not to going to get the added years for his business shenanigans, he’s going to get it for treating everything like a joke. No one can save Martin but his common sense. And he doesn’t have any as we can see over the past few months.

        More than 2022…………

        Liked by 1 person

      • CagingMartens says:

        FTD, I do think there is quite a high chance of a § 5K2.0 or § 3553(a) upward departure based on all his other conduct, but that also gives Brafman ammo to get a Jacobson remand from the second circuit from the conduct not being closely related enough to his convictions. Martin is definitely an outspoken douche, but even Vince McCrudden isn’t still locked up today despite making more direct threats.

        I agree he should have just ate humble pie after the indictment and he’d be out by now, but I’m skeptical how long of a sentence the second circuit is going to let stand. Certainly not the 300 months Mangan pulled out of some imaginary version of the USSG, as that exceeds the statutory maximum for merged convictions. But even if the Sentencing Reform and Corrections Act dies in congress, I doubt he’s getting out past the mid 2020s barring some serious appellate fluke. Or him shanking somebody… honestly would not surprise me at this point!

        Liked by 1 person

    • condor says:

      That’s the idea — the whole point, right?! Make it look obviously… fraudulent. That’s Marty — 100 per cent.

      And Deadspin did me one better, overnight — see my trivial update, to the bottom of the post, proper! Hilarious!

      Namaste — workout time — then a swim; steam and sauna!

      Liked by 1 person

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