Government Seeks 15 Year Sentence; And He May Get MORE Than That.

I’m on a train, but the AUSAs’ memo is filed.

180 months; or fifteen years. Here are some juicy bits, from the 70 page PDF file:

“…[I]n November 2016, Shkreli told the Financial Times that his plan was to make the case “more polarizing and popular” by creating a circus-like atmosphere in order to obtain an acquittal, similar to the trials of OJ Simpson, Casey Anthony and Sean “P Diddy” Combs, all of whom were found not guilty under similar circumstances. (See Dkt. No. 160, Ex. 12). In the same article, Shkreli stated he was “spending millions to influence the jury pool in Brooklyn.” (Id.). Shkreli also made numerous public statements characterizing his prosecution as a “chess match of public opinion,” claimed that the criminal case against him was “all for political show,” and complained he was only “being prosecuted for being a jerk….” 

Shkreli’s history and characteristics above demonstrates that he has no respect for the law and exhibits no remorse for his actions….

Shkreli’s inability to acknowledge that his actions constituted crimes, coupled with his utter disdain for the criminal justice system (which has only escalated since his conviction), demonstrate that Shkreli is likely to commit similar crimes in the future….

But the memo concurs with Probation Services that a 27 to 34 year sentence is warranted, by a strict reading of the guidelines.

It is now in the capable hands of Judge Kiyo Matsumoto. And while I won’t quote again the specific threats he made against two MSM journalists, in writing no less (in a “respect” policy — of not naming or otherwise re-traumatizing the victims of his more egregious, potentially sexually violent, admitted crimes), and the ones against Mr. P., I do think it comes down to whether the able Judge Matsumoto views those as serious enough to treat him as a potentially… violent three time felon.

Now we wait for Friday — around Noon, at the earliest. More when I’m off the train.

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31 thoughts on “Government Seeks 15 Year Sentence; And He May Get MORE Than That.

    • condor says:

      Erm… GetSkred: No — he’s not “on trial” at all — he’s already been tried, and found guilty of three separate felonies.

      And as to Ms. Duca — well-settled, applicable federal law allows Marty to be SENTENCED (i.e., where we are NOW) based on all “relevant conduct” — and actually, the able Judge specifically already found he had committed those acts, beyond a preponderance of the evidence standard, when she revoked his bail, now just over six months ago.

      He failed to carry his burden to prove (as a convicted felon awaiting sentencing)… that he was NOT… dangerous.

      Do try to keep up.

      Namaste, just the same!

      Like

  1. R West says:

    Martin apparently was not aware that his email sent to/from prison was monitored… he should stick with the “I’m a genius but also an idiot” defense!

    Liked by 1 person

    • condor says:

      I’ll give it a try… in like 20 minutes… namaste — Done (I think!) lemee know if you can’t see it.

      And we will mark Aldt440’s guess at “5 years — or 60 months… max”!

      Like

    • billythekid9919 says:

      To piggyback on Condor’s point: Marty can’t even be honest with himself… He predicted 0-6 months and no fine. He’s already been in jail longer than 6 months and he’s being forced to cough up $7.4Million. That seems consistent with other fantastical claims… Like producing 45% CAGR… inventing drugs etc. etc. etc. Clearly his entire world has been created on a web of lies. Maybe a little suffering is exactly what he’s in need of.

      Liked by 1 person

  2. mscatherinahorowitz says:

    “That is treacherous — and menacing — behavior.
    Nothing innocent — or joking — about it.” {Condor}

    ….Martin’s clearly ~not~ innocent but I don’t want to see him suffer, all the same.

    Liked by 1 person

    • condor says:

      And I guess I wonder whether it’s okay with you that several very visible and public women, whose job it is to be seen in public places in NYC, around courthouses, etc… as reporters…

      Should have to worry that some follower of Marty is going to attack them, on his say so.

      You don’t want him to suffer — but I hope you can understand just how hard he’s made it for some journalists to… do their jobs… without fear.

      Does that resonate, at all?

      Namaste…

      Like

      • condor says:

        The 70 pages I linked today — the government memo… details his escalating threats (almost exclusively against women with whom he disagreed) from about page 14-15 and on 47 through 50.

        The court file is full of it, post his conviction. You are aware he was permanently banned from Twitter, for making specific threats against identified women, right?

        Namaste…

        Like

      • brainsoutt says:

        I don’t know about calling any of that threats. They were so outrageous these were obviously jokes, and great ones for someone with appropriate sense of humor. Obviously I don’t expect the judge to have one. But calm down, none of that was serious, you’re just getting triggered over nonsense bullshit/shit posting. Have you ever read comments on any political YouTube videos? Most of them are so egregious hundreds of thousands of people should be indicted for threats. At least Martin taught me when to shut up, and I am thankful to him for that, among many things.

        Liked by 2 people

      • condor says:

        Except, “brainsoutt“, of course…

        The able Judge Kiyo Matsumoto — after a hearing and evidence submissions — in deciding to revoke his bail… found them VERY credible, given his earlier explicit threats against Mr. P, and Mr. P’s family.

        I’ll have more in a minute, but THREE TIME CONVICTED felons lose some of the “natural joking amendment one” free wheeling remarks defense… when they riff on violent non-consensual sexual themes.

        IN writing.

        Repeatedly.

        And then encourage their followers to go after people.

        Word.

        I am in possession of the relevant facts, as found by an able US District Court Judge (see Part III on page 2). And your authority — for telling me in effect, to “lighten up”?

        Right. A jailed (maybe to be a senior citizen before he stands under a free sky again!), tiny felon — who taught you “when to shut up,” you say… but apparently… you don’t know when you’ve been bested, it seems.

        Oh, and I fixed your typos. You’re entirely welcome.

        I blame the public education system. Heh.

        Liked by 1 person

      • brainsoutt says:

        I understand the legal argument and I accept it as right. I was saying you are overreacting emotionally, even Judge Matsumoto was more chill about it, saying ‘one of his followers may take it seriously”.

        Blame me for not caring to proofread from autocorrect what I wrote to strangers at 1am local time. And just cause you tried insulting me and with some dick measuring, I’ll confirm I am a publicly educated MD- not a penny from my wallet spent on tuition.

        I thought initially you were some legal experts, now I see you are mostly an echochamber of haters. Cool by me.

        Liked by 2 people

      • condor says:

        Also duly noted. You are welcome to participate… do stop back, if you’re up to it [I wonder, is that considered “dick measuring” — in your goofy (MD-infused) world]?

        I hope you understand — your graduate degrees mean less here than your logical reasoning abilities, just to be clear.

        Namaste, just the same.

        Like

      • condor says:

        And… Ms. Smythe has just alerted us to a priceless (if all too short) piece, in The Onion, thus:

        “…After his conviction for securit[ies] fraud, [bioscience] investor Martin Shkreli was forced to forfeit $7.36 million in assets, including the Wu-Tang Clan album that he bought at auction for $2 million. What do you think?

        “Hopefully it will find its way into the hands of a wealthy pharma exec who deserves it….”

        SILVIO CERTO • INSECT SURGEON

        Like

      • condor says:

        I hear you…

        It’s hard — but you have to accept that Marty told everyone lies about himself — and to all of you, he told the lies about the true nature of his very real and serious crimes. People lost their life’s savings.

        He threatened to rape women who are well known, and public, about their daily whereabouts — in NYC.

        That is treacherous — and menacing — behavior.

        Nothing innocent — or joking — about it.

        Namaste…

        Like

  3. CagingMartens says:

    I was guessing they might not request the statutory max as a tactic to deter him from appealing and possibly getting more time. I suspect this is the case.

    I’m a bit unsure of how the judge will ultimately decide his sentence at this point. Maybe she’ll still go for the statutory max, maybe between that and the AUSA’s recommendations, maybe 15 years or maybe somewhat less.

    I will go ahead and guess 160 months for the purposes of Condor’s contest.

    Like

    • condor says:

      Excellent analysis, “Caging”. Duly noted — you are marked down for 160 months, or 13 and 1/3 years.

      I think my final guess is going to be at around 200 months. I think Judge Matsumoto takes his admitted threats against Ms. Duca and others, all post conviction, essentially — as very serious — and potentially violent, tendencies. He has never expressed any form of apology to Ms. Duca or the others.

      I think that is… significant.

      Finally, in “trivial pursuits” fashion, I’ll note that the Judge may unseal parts of Marty’s self-description — saying it is not within protected private health information, thus — from footnote one of the AUSAs’ memo:

      “…The version of his sentencing memorandum that Shkreli filed on the public docket is heavily redacted. While the government agrees with some of Shkreli’s redactions — for example, PII of individuals submitting letters on Shkreli’s behalf, the government does not agree with all of Shkreli’s redactions, …that Shkreli relies on heavily in support of his submission. As an initial step, the government has redacted its sentencing memorandum to mirror the redactions in Shkreli’s sentencing memorandum, but submits that the Court should review the parties’ submissions and determine if any of the redactions should be lifted….”

      Like

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