Some of Marty’s Newer — And More Salacious — Jailhouse E-Mails Were Revealed For The First Time, Today…

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.



40 thoughts on “Some of Marty’s Newer — And More Salacious — Jailhouse E-Mails Were Revealed For The First Time, Today…

  1. bmartinmd says:

    Anything less than 10 years now, and Shkreli will call it a win–just like a conviction on 3 of 8 charges is a win.

    I’m completely confused as to what the sentence will be. At one point, I would have thought that 10 years (and certainly anything beyond) was pushing it. Now–not so much.

    Liked by 1 person

  2. R West says:

    AUSA’s are trying to play the Daraprim card … Judge won’t go for that.

    She’s going to go lighter on the sentence just to prove she wasn’t biased!

    Liked by 1 person

    • condor says:

      See Benny’s latest — above… I think he’s blown it… himself!

      We shall soon see!

      Namaste man — always a pleasure trading thoughts with you!


  3. billythekid9919 says:

    My official wild ass guess on the sentence: The judge goes smack between the 324 month (27 years) suggestion and the 180 month (15 years) plea by the government. The judge gives him 252 months (21 years). Which makes Shkreli’s guess correct… “The judge not going to upward depart” 🙂 It’s all hilarious. The wheels of justice sure took their time but Marty is starting to feel the gravity of his actions. I think it’s all well deserved. “As I have observed, those who plow evil — and those who sow trouble — reap it” Job 4:8

    Liked by 1 person

  4. billythekid9919 says:

    Isn’t it telling that all the praise of Marty has to have a “but” attached. Smart, but a fraud. Talented, but a liar. Started Billion Dollar companies, but they were started using ill gotten gains from fraud.

    He didn’t “overly hurt” anyone, but he’s going to prison for 15 years. He’s so selfless in his dealings with orphan drugs, but that’s just another lie. All this harassment stuff is a joke, but “you just don’t get it….”

    Liked by 1 person

  5. FTD says:

    I’m going with 12 because of his level of disrespect for the court & not admitting to his fraud & unethical business practices.

    Had he not done anything, stayed in his house and not livestreamed harassing people, probably 5-6. Shkreli trolls, you feel happy that you helped him get more years in a cell? Help him again, because if you cheer louder he probably will do something that could make him end in isolation hole. 🙂

    Liked by 2 people

  6. Yellow Butterfly says:

    I have no expertise on this issue and this amounts to a total guess but I would please like to bet for 15 years, what the AUSA wanted. Thank you. 🙂

    Liked by 1 person

  7. David says:

    Martin’s a cute, whimsical, successful nerd. That’s why so many relate to him. He’s a quintessential 21st century “in-touch with the internet” guy. Ya he committed fraud, but the fact he was talented and competent enough to be the founder of two billion dollar pharmaceutical companies that could then admittedly be used for some embezzling to doubly pay back investors, should mitigate that. He’s an overall positive force on the world. No one has been overly hurt by him, but many have been helped extremely. He helps kids too. The government quoted him in their sentencing memorandum as describing the monetary incentive in working in the oprhan drugs arena. Him talking about the profit associated with it is just self-reflection and autistic honesty. Some people are too thick or perhaps neurotypical, to understand this.

    All that female-harassing stuff is SJW inspired. I’m no conservative or even “alt-right”, more center-right (liberal on social issues), but anyone with any social intuition realizes that the SJW faction of our population has been way too successful in altering our senses of humor. I guess it’s about having sympathy for a RELATIVELY regular, relatable, non-murderer/rapist/psycho guy. I’m just calling for some compassion, he’s probably gonna get 15 years and that’s sad as fuck.

    Liked by 2 people

  8. aldt440 says:

    Dennis Kozwalski – Former Exec of Tyco International 450 Million in losses – 6 1/2 years time served.

    Bernard Ebbers – Former Exec of WordCom 11 Billion in losses – 25 years, still in custody.

    Jeffrey Skilling – 15 years? Still in custody?

    Andrew Fastow – 13 years? Time served.

    Kenneth “Kenny Boy” Lay – Sentence reversed after he faked death? – prob on a beach sipping margaritas somewhere! hehe

    Lehman Brothers – 50 Billion in losses and nobody charged!! SEC claimed lack of evidence! Hahahha

    Bernie Madoff – 60 Billion in losses – 111 years, still in custody.

    John Corzine – 1.6 Billion in losses – 5 Million CFTC fine. hahahha

    Freddie Mac – 5 billion in losses – Some folks got fired! 125 million in fines levied that stipulated Freddie must transfer losses to consumers. (I’m serious!)

    J. P. Morgan Chase – London Whale Scandal $2.4 Billion in losses – 900 Million fine paid by J.P. Morgan – some folks got charged but extraditing was a little complicated so Feds didn’t bother.

    Philip Baker – Lake Shore Financial – 294 Million in losses – Sentenced to 20 years, served 7 with some really crafty shenanigans.

    Leon Cooperman – 4 Million fraud (seriously underestimated) – 5 Million fine and SEC never even referred complaint to DOJ!

    Fabrice “Fabulous Fab” Tourre – 1 Billion in losses – Goldman Sachs picked up the tab – No Jail time!

    Angelo Mozilo – 8 Billion? in fraud – 67 Million SEC settlement and no jail time!

    David Sokol (Warren Buffet’s former protege) – 3 Million (estimated) front running scandal – SEC didn’t pursue even though it was front page news. Check out his book where he cites integrity as one of his most important qualities!

    Raj Rajaratnam – 60 Million in fraud – 11 years and still serving time

    Liked by 1 person

    • condor says:

      You should look at the more relevant list of cases, $$$, and length of sentences in yesterday’s memo.

      But you’ll notice — even in your list — lots of people with over $10 million in losses… did very substantial time.



      • aldt440 says:

        Lots of the cases posted above are recent and I think all of them are within 20 years. Leon Cooperman is very recent.

        I did take a quick look at the cases cited in the Sentencing Submission, but I can’t get deep into them without a PACER account. They’re all US District Court cases too. What about appeals?

        I did a little bit of research on the two that were in Marty’s range:

        United States v. William Lange 10-CR-968 (DLI) (EDNY) This guy defrauded investors in an advanced fee scheme. The scheme took advantage of clients looking to build homes in the regions affected by Hurricane Katrina. What a dick! He was sentenced to 262 months for over 10 Million in losses. I can’t figure out if he had priors.

        United States v. Jason Galanis 16-CR-371 I doubt he got bail and a chance to exercise his rights. It looks like the guy was indigent and got a public defender too. 188 to 235 months for 43 Million in losses. I can’t figure out if he had priors.

        Liked by 1 person

  9. billythekid9919 says:

    “Thus, the fact that Shkreli used the stolen funds to perpetuate and hide his various fraudulent schemes, and to pay off personal debts that he would have otherwise had to expend assets to pay himself (such as the 2.5 million shares in Retrophin),9 represent a tangible and substantial monetary benefit to Shkreli far in excess of $40 million. There can also be no question that Shkreli received a significant reputational benefit from his crimes, as he was able to hold himself out for years as a successful hedge fund manager and pharmaceutical wunderkind to potential investors, adoring fans on social media and industry figures whose respect Shkreli craved. Any suggestion that Shkreli did not greatly benefit from his frauds is thus deeply disingenuous.”

    Liked by 1 person

  10. billythekid9919 says:

    Shkreli’s contention, apparently, is that MSMB Capital was worth over $3 million as of August 1, 2012, $0 as of September 5, 2012 and $2.6 million as of November 4, 2012. (Shkreli PSR Objections at 14-15.) The reality was that the fund was worth nothing, and Shkreli admitted as much in a legal settlement with Merrill Lynch in which he was forced to be truthful. When it benefited him for the fund to be worth $0 so he didn’t have to pay a settlement with Merrill Lynch, they were… It’s a miracle!

    Liked by 1 person

  11. R West says:

    Of course, here’s the way the U.S. Sentencing Guidelines need to be interpreted as a practical matter:

    White – minus 4 years
    Not poor (with top defense attorney) – minus 4 years

    He’s going to get 7.5 years, or 90 months.

    Liked by 1 person

    • condor says:

      I hope you are wrong. But I fear (as to race, generally… not this case)… you are right.

      Namaste. You are marked down for 7.5 years… but that would be a crazy harsh ding, from Judge Matsumoto — to the AUSAs (she was one!)… if she sentences so far below the guidelines and the government’s suggestion…

      I also get the sense she was regularly exasperated — by Mr. Brafman’s Catskills schtick.

      We shall see — two days to go, by dawn tomorrow.


    • R West says:

      BTW the AUSA’s are making too big a deal out of the fact the defendant insulted them. Maybe they could mention it once, but not repeat it.

      They might be a little insecure themselves!

      Liked by 1 person

      • R West says:

        “that would be a crazy harsh ding, from Judge Matsumoto — to the AUSAs (she was one!)”

        But here’s the wild card … she’s going to bend over backwards to appear fair. It’s really hard to evaluate, but I don’t think she’s going to throw the book at him without crying victims. That’s what Brafman is trying to get out … “fraud on the market” is interesting, but no one’s crying here!

        Liked by 1 person

      • condor says:

        What if… Lauren Duca shows up at the sentencing?! There’s your high end (low probability, I’ll grant you)… wild card.

        Or… what if HRC walks in to the courtroom?!

        He would crap his prison whiteys…

        Namaste — I’m calling it a night…


  12. billythekid9919 says:

    “As set forth below, however, this portrayal of Shkreli is skewed. It does not accurately reflect who he truly is—a man who stands before this Court without any showing of genuine remorse, a man who has consistently chosen to put profit and the cultivation of a public image before all else, and a man who believes the ends always justify the means.” On. The. Nose.

    Liked by 1 person

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