[U] There Are Likely To Be MORE “Third Party Claimants” Who Submit — For Marty’s Assets, Before May 21…

UPDATED — May 3, 2018: The wise Judge Matsumoto has set June 4, 2018 as the government’s return date, thus:

ORDER as to Martin Shkreli. The government’s Letter Motion for an Extension of Time [594] is granted in part. The government must file its response by June 4, 2018 to any third-party claimants who file petitions regarding the Preliminary Order of Forfeiture [540]. Ordered by Judge Kiyo A. Matsumoto on 5/3/2018….

[End, Updated portion.]

Based on a two page PDF letter just filed with the court this morning, early, in Brooklyn, by the able AUSAs — we would expect that Judge Matsumoto will move the May 7, 2018 date — to June 4 June 7, 2018.

The AUSAs correctly point out that — under applicable federal law — other third party claimants have until May 21, 2018 to assert claims against Marty’s assets, post his conviction and incarceration.

Think here (as just one example!) of Dr. Thomas Koestler — who, we believe, is still owed about $2.6 million (plus interest, accruing daily, over these last three plus years) — from an arbitration he won, against Shkreli related to his consulting services agreement. That arbitration award was then enforced in federal court, in Manhattan, after Marty failed to pay.

It is still pending — and so, I would bet Dr. Koestler will file, before May 21. [We might also expect to see a third party claim — from Mr. Edward Painter — a federal civil fraud and breach of contract case we have just recently been following, filed against Marty in January 2018, personally.]

The AUSAs go on to argue that it would make more sense to sort all these claims — NY State and all others — at once, after the deadline passes. So, the AUSAs suggest a June date.

And… I think the ever-wise Judge Matsumoto will grant that continuance.

Now you know — on a glorious Spring morning — hot and hazy here. A prefect day to ride my mountain bike to the train-stop…. smile.


3 thoughts on “[U] There Are Likely To Be MORE “Third Party Claimants” Who Submit — For Marty’s Assets, Before May 21…

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