AUSAs Answer Marty, On Restitution — And The Scourge Of Marty’s Daraprim Price Gouging, As Explained By Judge Matsumoto

Let’s start with the easy one. Overnight, the able AUSAs filed a nine page answer to Marty’s claim that Mr. Kocher shouldn’t get restitution from him, for Marty’s failure to honor the “10 day redeem in cash” promise Marty made to him, in a side letter, as to his investment in one of the MSMB funds.

The AUSAs are right — the Second Circuit clearly supports Marty having to pay Mr. Kocher about another $390,000, for that loss — in a real estate deal that went quite badly — because Marty welshed, and left him high and dry.

Now, as we await the unsolicited letters’ release, by the court — as I promised, since Friday has come and gone, without them…

Here are Judge Matsumoto’s remarks — in full — at sentencing, about at least one of those letters.

To be clear, the able judge indicated the letter did not play any role in the analysis that led to the length of his sentence, or his facility placement — but she wanted to acknowledge the author, and the real harm Marty caused — since people literally died as a direct result of his disgusting, inhumane price gouging. [It may also properly count toward the amount of cash and property he ultimately forfeits.] On the record, then, in a US District Courtroom sentencing proceeding, the able Judge Kiyo Matsumoto said the following:

“…On the other hand, I have received some letters from individuals and organizations that describe the negative impact of Mr. Shkreli’s actions regarding pharmaceutical drug pricing….

Most notably, I received a set of letters from housing work[ers?] and other charitable organizations that work with individuals with HIV/AIDS in which they advocate for the Government’s proposed order of forfeiture in this case…. 

One letter, from Dr. Philip Bolduc of the University of Massachusetts Medical School, states that due to Mr. Shkreli’s decision to sell the drug Daraprim for an exorbitant price, the drug is not covered by some insurance plans. Dr. Bolduc writes that they lost a patient to septic shock because of the unavailability of Daraprim due to what Dr. Bolduc characterized as Mr. Shkreli’s mendacity and greed….

Again, the drug pricing issue is not before for this Court, notwithstanding the tragic consequences of pharmaceutical price increases. Again, that is Congress’s job to do something about this issue….”

Indeed. Me?

I personally hope that during his long nights in prison, while unable to sleep, and awaiting dawn, Mr. Shkreli will be visited by the drawn, gaunt, agonized faces — of the hundreds of thousands of people around the world, living through the end stages of a battle with HIV, and AIDS — and that those who lose that battle, while in a sepsis-induced state, will speak to him, and regularly so — of the needless agony they endured, as they died —  without access to Daraprim. And let them do it — directly into Marty’s ear. All night long — without interruption.

That my friends, is his true karma. And it is a wheel. It is coming back ’round — for him.

[Unrelated Update: I should mention that 45’s latest letter, purporting to stop transgender enlistment in the military, is of no lawful force or authority. The matter will be decided in the federal courts, where, at present, his earlier pronouncements have been. . . that’s right — enjoined. He’s dead stick. Literally. GO OUT, march for our lives, now, one and all!]



41 thoughts on “AUSAs Answer Marty, On Restitution — And The Scourge Of Marty’s Daraprim Price Gouging, As Explained By Judge Matsumoto

  1. R West says:


    Dec. – Carrie Fisher and mother Debbie Reynolds die within one day of each other (actually late Dec. 2016)

    Jan. – Donald Trump inaugurated.

    Aug. – Total solar eclipse.

    Sept. – Martin Shkreli’s popular Sunday night podcast “This Week in Investing” unexpectedly becomes “This Decade in Investing”

    Liked by 1 person

    • condor says:


      Let it rip! 👊🏽

      The idea there is to make my… hands look… erh… bigger! [And my face wouldn’t be on the cover, BTW….]

      I’m guessing there’s some Chardonnay… causing a rather… erh, stormy moment!

      All good!



  2. R West says:

    Getting back to Kocher’s claim … Brafman just wrote a couple of paragraphs on it. Not sure why AUSA’s are going to the mat for something that seems pretty insignificant. Doesn’t make a lot of sense … unless they are trying to either (i) create a precedent; and/or (ii) drain Marty’s cash?

    Liked by 1 person

    • condor says:

      Good point! Or… will it be woven into new indictment(s) — in some manner, that I can not yet see?

      More and more — I like your theory, there….

      But being a little more realistic — it is probable that Mr. Brafman actually thinks the Second Circuit cases won’t save Marty on this restitution payment, and will just let one more squeaky wheel get greased….



  3. BrainsOut says:

    If a couple thousand people managed to get the drug without a problem, imagine what kind of fuck up – on the part of the patient, pharmacists or doctors, or a hopeless case the one casualty must have been. I am sure the letter’s author just puts blame on pricing, but there could have been many reasons for that persons death. You wouldn’t believe how many people cause problems every step of the way in the simplest treatments.

    Thanks for link to the documents, on the other hand.

    Liked by 1 person

    • condor says:

      Nice deflection.

      Yes, patients die everyday. Marty chose to kill people, knowing full well his 5,000 per cent insta-price gouge would do just that.

      That other causes may have contributed, in one or more cases — in no manner reduces Marty’s moral culpability.

      Some times we must do what is moral — and not deflect, by saying “but… it was not unlawful.” Life-saving generic, off-patent drug pricing and delivery is one of those times, buddy.

      And Dr. Bolduc is but one witness; there have likely been hundreds of sepsis induced deaths in the US alone.

      So nice try — but I’ll mark your answer as a “Fail”.

      Namaste…. Go Ramblers — beat the Wolverines!

      Liked by 1 person

      • BrainsOut says:

        Why can’t you believe or know, that the system set up, wasn’t tight and hermetic enough to accommodate every case, in which the patient would have trouble with payment, to give it to him anyway?
        I don’t think that’s difficult to arrange and I am sure that’s what Marty would have wanted – so people can be triggered, but not have a simple case to support their arguments – which they would have, if one person had a problem with access. And there would be a couple thousand so far, not one.
        Yeah, yeah he’s kind of inhumane… but not really if you look what’s inside of others, when tested or given opportunity… The world is pretty ruthless if one Marty is glib about it or not.

        Liked by 1 person

      • condor says:

        Look — occasionally AIDS patients died due to lack of available daraprim at $5 per dose, as well.

        No one disputes that — but it is a classic logical fallacy [(called deflection), or in the time of Trump, called “what-about-ism“!] to say Marty “wasn’t as bad as” people make out.

        Marty knew full well (being a “150 IQ genius with no overt psychological issues“) his price increase would CAUSE additional deaths — perhaps thousands of them. He knew the role of the drug was critical — that’s why he chose it. People (extremely vulnerable AIDS patients, primarily) would die without it, he reasoned, so they will “pay whatever I want — to get it.”

        Why can’t you believe or knowthat truth — staring you right in your face — with gaunt, hollowed out and anguished eyes? Because you — like Marty and Elizabeth Holmes have bought into an Ayn Rand (immoral bullcrap) philosophical outlook.

        Here is a simply stellar idea — maybe you should go teach that outlook — at Marty’s mythical Canaan University…. Me? I will participate in the world in a way that makes it better — rather than… worse.


        Liked by 1 person

      • bmartinmd says:

        I’m not interested in engaging with a Martin-fan/troll/apologist, but NOBODY had trouble getting access to pyrimethamine (Daraprim) before Shkreli got his hands on it.

        Liked by 2 people

      • BrainsOut says:

        Hi, so I had emailed with the doctor who sent a letter describing the case. Turns out the patient was given no problem Daraprim in hospital. Now we will never know – were his survival chances bigger because he was in the hospital at the time of septic shock – which would be a vast advantage in most case OR did he get some nasty strain of bacteria in the hospital that caused it, remember that if he needed Daraprim, his immunological system was very compromised and he was extremely vulnerable to anything anyway anywhere, actually except those hermetic chambers they put in patients after transplantation. The first theory is certain, the second is possible. Anyway, the doctor sounds very politically motivated. Namaste, I know everything now. Thanks for motivating me to find this shit out.

        Liked by 1 person

      • condor says:


        So — (according to you, at least), a U Mass MD (on staff) shared HIPAA protected patient specific personal health data with a complete stranger over the internet, where you used a pseudonym — in an insecure email channel.

        Color me… decidedly skeptical of that notion. And your story. Do write The able Judge Matsumoto with your “findings”. I’m sure she will be… less skeptical (nit).

        Here’s s better idea: prove that you didn’t just engage in the fallacy of composition. [Another classical logical fallacy, on your part, btw.]

        Actually — don’t bother. You’ve lost any shred of credibility you might have had, here — and was the British tell-tale “in hospital” feigned, or real, on your part?

        Frankly — I don’t give… a damn.

        See ya’ “B-out”… try a more plausible lie next time.


      • BrainsOut says:

        There’s no identification so it’s not specific.
        And sorry, I don’t get (as an inadequate Eastern European) feigning “British tell-tale “in hospital”’. So we’re clear: He was hospitalized at the time and you have a much higher survival chance if you get a septic shock while already in a hospital. You should get IV antibiotics and access to life support immediately – in minutes. It’s like heart attack. The time it takes to 1. make a decision to seek treatment, 2. then wait for a visit in emergency room or a general practitioner, or an ambulance if it’s really bad but you made the right call, then 3. get admitted, 4. get your test, 5. get drugs administered. This takes at least hours which makes a huge difference as most patients die on day one or two.
        I think there are plenty of people deserving your hate way more than Martin.

        Liked by 1 person

      • condor says:

        Thanks for your opinion. May we see your license to practice medicine in the US? No. I thought not.


        I’ll trust the treating doctor’s opinion.

        Care to share his (purported) whole email conversation (with you, ostensibly), right here (so we can let him claim against you for both defamation, and “false light” publicity)?

        No. Again. I thought not.

        [Your “anonymizer” (no xenophobe am I) was running from an IP inside Poland (one also known to be used by Russian state actors, BTW) — but you specifically were running Chrome 65 on a Win 10 desktop, through a Upc Poland IP domain, starting with dynamic address ranges 89.64.8.***, late last night. Today, though — without the anonymizer — you look suspiciously like “the Blob” (on IP 174.65.171.*** out of Encinitas, California), in my Statcounter logs.]

        Either way, Blob or Brainsoutdo be well — and do travel light.


  4. billythekid9919 says:

    Oh wait… your boy Brent at AGN pledged restraint. He will only raise prices 10% per year. Thanks for small favors. That only doubles the price every 7.2 years. How magnanimous of him. Or did he calculate that might keep himself under the radar?

    Liked by 2 people

  5. mscatherinahorowitz says:

    “I personally hope that during his long nights in prison, while unable to sleep, and awaiting dawn, Mr. Shkreli will be visited by the drawn, gaunt, agonized faces — of the hundreds of thousands of people around the world, living through the end stages of a battle with HIV, and AIDS — and that those who lose that battle, while in a sepsis-induced state, will speak to him, and regularly so — of the needless agony they endured, as they died — without access to Daraprim. And let them do it — directly into Marty’s ear. All night long — without interruption.”- Condor.

    As you’re probably well aware, Shkreli claimed many times that not a single person would go without the drug. When you write “hundreds of thousands of people around the world” are you suggesting that people would have bought it from America and used it in other countries? Shkreli was mysteriously silent on that.

    Liked by 1 person

  6. R West says:

    Kocher is going to lose. The best thing I learned here is that when someone cites a case, one better look at it. The AUSA’s pick and choose some language that helps them, but the cases presume a more naturally resulting loss that flows from the defendant’s conduct. If Kocher wants to buy real estate in an unrelated deal, he took that risk. Loss is too speculative. Plus we don’t know that Kocher’s contract said “time is of the essence.” AUSA’s only know criminal law … not much on real estate!

    Liked by 1 person

    • condor says:

      Just went and grabbed the exhibits to that letter, filed by the AUSAs….

      At Section 7, page 12, of 42, the real estate sales contract states the “time is of the essence” clause mechanics. What we don’t know is whether the seller sent a letter designating the same, but I think it likely he did.

      In any event, yours are solid points of law — but the facts may vary a bit from our original surmise.

      Now we await the able Judge’s ruling….



      • R West says:

        I like the lawyer’s invoices they have on there. We should be billing for this:

        3/24/18 Review and comment on Sales Contract/ 2.00 $2,000 RW
        Stare out window/Think about it some more/Revise email/
        Review again.

        Liked by 1 person

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