[U] Appeals. We WILL Have Appeals. In A Change Of Heart, I’ll Cover Them.

Shkreli-07-28-2017UPDATED: 8 PM EST — The order from today is up. [But still none of the unsolicited letters, yet. And (subsequently), courtesy of an anonymous friend of the blog, here is a link to the full courtroom transcript — from today’s sentencing (it’s a massive PDF, so grab it on Wi-Fi).]

Significantly, no judgment will be entered, pending additional briefing. I’ve bolded those due dates:

“…Sentencing was held before Judge Kiyo A. Matsumoto on March 9, 2018 as to Martin Shkreli, on Counts Three (3), Six (6) and Eight (8) of the Superseding Indictment….

Defendant was sentenced to Eighty-four (84) months, with credit for time served, on each of Counts Three (3) and Six (6), to run concurrently; Sixty (60) months with credit for time served on Count Eight (8), to run concurrently with all other counts. A Supervised release term of Three (3) years with special conditions imposed. A mandatory Special Assessment of Three Hundred ($300) Dollars. A fine of $25K on each count for a total of $75K and restitution to be determined at a later date. The defendant was advised of his right to appeal.

At defendant’s request, the court will not enter judgment at this time, pending further briefing regarding restitution and facility placement. Defendant’s submission is due by March 13, 2018; the government’s response is due by March 15, 2018….”

End update.

First, I want to congratulate our twin winners — long time, highly valued participant R.West, and new comer(s) Peter&Paul — both made equally precise and impressive calls. Sharp work!

Now… I am certain I am going to live to regret this

But I do think the appeals will come, in due course, from both sides — as I do see this downward departure from the guidelines… as rather extreme, given that others who admitted guilt (and saved the government the effort of trying them, on similar facts), were sentenced to significantly longer terms.

But as I said last evening, I think it was Oliver Wendell Holmes (paraphrasing) who intoned that “if everyone is a little uncomfortable… it is probably justice…” So perhaps this is… Brooklyn justice.

The color photos and color themes will remain on the site [and we will also cover Mr. Greebel’s sentencing day — still some months off, yet].

And, yes… we will cover the appeals. Thanks to one and all — for making this such a thought provoking and generally genial place to have… an occasional root beer.



18 thoughts on “[U] Appeals. We WILL Have Appeals. In A Change Of Heart, I’ll Cover Them.

  1. R West says:

    “Speaking from the White House Friday [today], Press Secretary Sarah Sanders told reporters President Trump has pardoned U.S. Navy Kristian Saucier sailor who was charged and convicted of taking photos of classified areas on the submarine USS Alexandria.”

    Trump gives lot of pardons. Trump is going to pardon Shkreli after a reasonable time behind bars … maybe 12 mos. Remember, a year from now: you heard it here first!

    Liked by 1 person

    • condor says:

      Hilarious! Thanks for that — personally, I think 45 will be peaceably “asked to leave” the White House before he gets a real chance to do so. Mueller has him dead to rights.

      [To make it clear(er), for BB66, Bobby Three Sticks will get him man (45), before a year from now….]

      I feel… a bet — coming on!

      Great stuff!


      Liked by 2 people

  2. condor says:

    Finally — in the “way out there” criminal law theory — the AUSAs could seek an entirely new indictment, on the frauds he clearly committed at KaloBios.

    More likely, if he settles the civil suits (pays) those investors — the government lets it be.

    We did see today that he will never be a public company D or O again, or an SEC B/D: lifetime bans.

    Liked by 2 people

    • condor says:

      Marty will appeal the convictions and the sentence.

      The government cannot appeal jury acquittals on the five counts (no double jeopardy), but it can appeal the downward departure from the sentencing guidelines… in truth, that would be a long shot… but if Mr. Brafman pushes too hard against the current 7 year sentence, arguing how “special” Marty might be… it could backfire, and the Second Circuit could (again, unlikely) add to his sentence, saying the able judge misinterpreted the law.

      So probably Marty does 85 per cent of seven; with six months already served.

      As ever, we shall see!

      Namaste, man!


      • condor says:

        Good question!

        Beyond the summary in the articles on CNBC, and other MSM outlets — applicable federal laws say we will learn… nothing more.

        The Judge’s statements on the record are about all we will ever learn.

        Just to manage expectations here — he still keeps the right (even post felonies) to his medical information staying… private.



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