[* Which designation excludes the blog author — but not many of his erstwhile commenters. Smile.] We will be just about ten days away from hearing his sentence pronounced, when the “luminous and clear dawn” arrives, tomorrow morning. [Credit: Norman Maclean.]
It seems Dan Mangan and Meg Tirrell are right on point, here — with pull quotes, from actual, experienced white collar criminal defense lawyers (and cogently, ones with no skin at all, in the Shkreli outcome-game):
…Matthew Schwartz, a lawyer not affiliated with the Shkreli case, told CNBC, “In Shkreli’s case, if the government is right that the losses are between $9.5 [million] to $25 million, then there will be a 20-level increase to the applicable sentencing guidelines; whereas if Shkreli is right, the loss amount would be zero.”
“A 20-level difference in the sentencing guidelines could easily mean a difference of literally decades in prison,” said Schwartz, who works at the firm Boies Schiller Flexner. “Of course, the guidelines are just that, and the court is not required to adhere to them.”
Schwartz said that as far as he was aware there has been no formal calculation of the guideline range for Shkreli’s sentence that is publicly available, “But if I had to guess, I would say that the advisory Sentencing Guidelines range will be at least 108 to 135 months’ imprisonment, and probably more….”
Look, I don’t wish unearned ill upon the man — but I also think he ought to get it through his head that he has only himself to blame for every bit of this coming “lost decade” — of his life.