Read it — and weep, Mr. Shkreli (that’s a carefully reasoned 96 page PDF opinion and order — putting him at over $10 million, which, in turn, puts him at +20 in addition to the 6 or 7 — for the main offenses):
...ORDER denying  Motion for Acquittal as to Martin Shkreli.
…For the reasons set forth in the attached Memorandum and Order, the court respectfully denies defendant’s motion for a judgment of acquittal . For the purposes of sentencing, the court will apply a loss amount of $2,998,000 on Count Three, $3,402,450 on Count Six, and $4,000,000 on Count Eight. Ordered by Judge Kiyo A. Matsumoto on 2/26/2018….
“…Indeed, Mr. Shkreli had drafted a “Liquidation Press Release” on December 29, 2012, informing the public that Retrophin had decided to declare bankruptcy. (GX 247.) As a result of the charged conspiracy, investors were unaware that what purported to be a public company with over two million free-trading shares was, in fact, a company on the brink of financial disaster that was closely controlled by Mr. Shkreli and his co-conspirators, after Mr. Shkreli and Mr. Greebel carefully secured and then then allocated free-trading shares in Retrophin in order to ensure control. (GX 220; GX 229.) There is, therefore, a plausible argument that the loss amount charged in Count Eight should be based not on a floor of $3 per share, but rather on a lower figure, because – but for Mr. Shkreli and Mr. Greebel’s concealment of the ongoing fraud – the investing public would reasonably have valued Retrophin at less than $3 per share….
…Had the court based its calculations on a lower price “floor,” included the 400,000 “escrow” shares in its calculations, or sought to apply the $2.00 per share loss amount to the total volume of trading shares, the loss amount for Count Eight would have been significantly higher. Nevertheless, in order to fashion a sentence that is “appropriate and practicable under the circumstances,” U.S.S.G. § 2B1.1 comment n.3(C), the court will adopt Probation’s proposed calculation for the intended loss by Mr. Shkreli in Count Eight….”
Just as I long said — Count Eight will be the… killer.
And, it looks like… a decade.