Nothing Really Of Much Note, Or Very New, Here At All: Judgment Entered — Shkreli Appeal Filed — Amended Judgment Due April 9, 2018…

The able US District Court Judge Kiyo Matsumoto has entered the eight page PDF judgment (that’s a new document!), and signed the order of forfeiture (unadulterated from the preliminary version, but for the date), in this matter. [The restitution figure will appear in an April 9, 2018 amendment.]

The erstwhile judge has suggested “camp” (or “University of“) Canaan, but that is clearly within the discretion of the Department of Probation. So, we await a final facility call, by that department.

I suppose one other interesting feature of the judgment is that it requires, on or before his supervised release, that he submit — to the Dept. of Probation — a DNA sample, and completely accurate financial records — for ease of tracking his compliance with the conditions.

Of course, this means no pot smoking (assuming it is not yet legal, by the time he is released, in New York) — no managing any money of any other person… and then all the other more customary conditions.

But as I say, Mr. Brafman has appealed — so this story is subject to some minor revisions, in the next couple of years. UPDATED: 03-29-18 @ 12:30 PM EDT — the appeal has been assigned a case number in the Second Circuit. That (for the purpose of finding it, in PACER) will be… 18-819. Now you know — end, update.

What is not open for revision, though — is Marty’s freedom. He has been — and will be — in custody of some sort, during the entirety of the appeals.

I can all but guarantee that outcome.

Namaste….

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23 thoughts on “Nothing Really Of Much Note, Or Very New, Here At All: Judgment Entered — Shkreli Appeal Filed — Amended Judgment Due April 9, 2018…

  1. R West says:

    Judge just went with Canaan because she doesn’t want to appear biased when the appeal is heard .. she knows he isn’t going to get it anyway unless she lifts the “public danger” label she put on him. At the sentencing, Brafman reminded her and said he was going to request that she remove the danger label. Anything happen?

    Liked by 1 person

    • condor says:

      No — go to teslareviewed (dot) WordPress (dot) com!

      The beginnings of a new investment white paper — or blog, are emerging there — right now!

      Namaste, man!

      Like

  2. R West says:

    Wow … Condor’s dating advice worked. Called, got her voice mail and didn’t hear anything for awhile. A week later she calls back and leaves me a voice mail. She wants to meet for coffee and she mentioned a couple of days next week (this is moving slow). In her voice mail, she mentioned her company name. Should I tell her this has nothing to do with business … or she can’t be that dumb?

    Liked by 1 person

    • condor says:

      Let’s open this one up to the floor — for suggestions.

      I — clearly — am… the wrong guy — to ask!

      Me? I’d just say “Perfect! — Tuesday at 8 a.m.“… and not breathe another word.

      Just show up — and see what happens — don’t overthink it.

      But if you think of Hugh Grant in “Notting Hill“, that’s how utterly inept I am, in these matters.

      So, don’t go by me… Namaste, man.

      Like

      • R West says:

        I hear you … personality tests show lawyers are good at cold, hard logic. Not much emotional intelligence. Your advice was still good though … especially the initial advice about the voice mail. Thanks!

        Liked by 1 person

  3. R West says:

    I would say now 50% odds on Canaan. First, Judge said “if appropriate;” second, she didn’t lay out any reasons for it; and third, if he doesn’t get it, she didn’t ask to be notified. So it wasn’t a strong recommendation.

    Liked by 1 person

  4. R West says:

    He’s a federal prisoner/probationer. Unless federal law is changed, he can’t use marijuana anywhere: state law legalizing marijuana use does not change the federal statutes that make it a crime.

    Liked by 1 person

    • condor says:

      Nice! Great point!

      After release, only (1) if federal drug law changes, or if (2) he gets a medical prescription for his floaters or glaucoma — allowing pharmaceutical grade THC containing products, I guess…

      That is… in a word… unlikely, in the next seven years, at least!

      Namaste, man…

      Like

      • Malncka says:

        I don’t think he’ll care much about that part anyway- he said he’s never smoked pot before and didn’t really express an interest in doing so… if he was interested, he probably would have done it before, but who knows…

        Liked by 1 person

      • condor says:

        I hear you… I’ve always thought the DNA submission requirement was particularly… invasive… and yet I do think (if he’s been a sexual predator, but as yet undetected), his victims deserve a shot at being able to prove their cases.

        I thought people would have more to say about requiring convicts to submit DNA, even when the offense had nothing to do with any biological component (i.e., Marty’s crimes are all financial in nature — not bio-physical).

        G’night!

        Like

  5. mscatherinahorowitz says:

    He’s an inch closer towards getting Canaan so that’s good.
    Does the appeal mean there’ll be an amended sentence on 9th April?
    I would say that’s something to look forward to, but can they adjust it up OR down?
    Is he likely to get less time?

    Liked by 1 person

    • condor says:

      Yes — on your first observation, I was slightly surprised that Judge Matsumoto expressed a preference — for Canaan. But DoP decides now.

      The amendment on April 9 will ONLY go to the amount of money he pays — in restitution. The AUSAs have suggested an additional $380,000. But that decision is up to the judge, now.

      To be clear — nothing in any April 9 order will change how LONG his sentence in jail might be.

      It’s just a “how many dollars lost” argument — at this point.

      And Mr. Brafman won’t have his specifics filed, for what he claims were trial errors — for several weeks yet.

      So Marty will (good for him!) likely have a permanent assignment before then… and even most medium security federal facilities are probably better than where he is now — Brooklyn MDC.

      So, as I say, in a few weeks he should get some good news on facility: (1) great news at Canaan, or (2) slightly good news (compared to MDC), in some other facility.

      Namaste…. but no, he won’t get less time — unless (in a year or two) he wins on his appeals (not likely).

      Liked by 1 person

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