I know to a virtual certainty that the AUSAs collected the below from Marty’s JPay account, on his tablet, or the computers the inmates are allowed to use, inside the Brooklyn MDC — proving beyond any doubt (once again!) that Marty is/was quite… stupid… and was unaware of (or in denial about) his precarious position — even as late as January 2018. So… I repeat it below.
I did find these juicy bits at page 47, and following — and to my knowledge, Ms. Smythe has yet to reveal them, by tweet — but then again, she may be one of his correspondents, below. To be sure, they certainly should be in any fair narrative (cough! her book) about his crimes, and his disdain for the the criminal justice system:
…Following his incarceration in September 2017 for violating the conditions of his bail by making an escalating series of threats against multiple individuals online — discussed in greater detail below — Shkreli continued to privately express disdain for his conviction, the process by which he would be sentenced and the idea of expressing remorse, even while publicly (in his sentencing memorandum and letter to the Court) gesturing towards acceptance of the verdict and regret for his actions.
For example, in an email conversation from jail in January 2018, Shkreli made the statement “fuck the feds” and went on to have the following dialogue:
Shkreli: . . . I shaved. may sit out [the] forfeiture [hearing] . . .
Email Recipient: Ok! Don’t blame me if [the prosecutor] takes all your money. I think kiyo might be disappointed, too.
Shkreli: 0% chance and its not ‘all my money’. . .
Email Recipient: Nope. Not 0% and Kiyo really will think you’re blowing it off (correctly), and think less of you for that. Yes I know it’s not all your money. I’m being hyperbolic.
Shkreli: maybe a big portion of my liquid money! but that picture changes frequently. i hope the irs gives me a big refund soon….
* * *
Shkreli expressed similar disregard for his conviction in another email communication from jail on December 20, 2017 (prior to the verdict in Greebel’s trial), in which he stated:
i think I’ve told you what we’re expecting – Time Served on the low end and maybe 24 months on the high end there is no analog case. this case is a loss for the government … they won 3 out of 8 counts (so far), where they proved a fraud where no losses occurred. it’s as close to a loss as a loss gets. it’s a reckless embarrassment, especially when count 8 gets dropped for rule 29, evan [Greebel] wins in 15 minutes of deliberation and we appeal for the next 10 years on the remaining two counts and government coercion is brought to light. . . .
Moreover, Shkreli’s email communications confirm that any remorse he may express publicly is a carefully constructed façade. In email conversations in November and December 2017, an individual corresponding with Shkreli (“Individual-1”) warned Shkreli that “Getting convicted and acting out on social media doesn’t imply you’re taking things very seriously.” Shkreli responded by explaining that because he believed the loss amount for the Guidelines would be zero, his sentence would be extremely low such that any expression of remorse was not required: “[W]e really feel strongly there’s no loss here … so all the lack of remorse in the world doesn’t change the numbers. [The judge is] not going to upward depart….”
Further up the same email chain, after further prodding from Individual-1 about “not bet[ting] on remorse not mattering,” Shkreli wrote that he has “a lot of remorse” and then immediately stated that he “will do everything and anything to get the lowest sentence possible. . . .”
In a follow-on conversation several weeks later, Shkreli stated, “if you believe you are innocent, it is a bit of a shame to ask someone to show remorse isn’t it?” Individual-1 replied that Shkreli “[could] probably be remorseful for being a dick, overselling yourself, not being entirely forthcoming and truthful, eg, without giving up your Constitutional rights, I think.” Shkreli replied “being a dick to who? perhaps 2 out of 3 but I don’t think the giraffe apologizes for his long neck. it’s what makes me, me. . . .”
Charming. I’ll guess between 15 and 18 years, now. Recall that I was the first, lonely Minor Stream Media voice in the wilderness — in early August of 2017… saying his sentence would be ten years, or more. Yes, this is my official upward departure.