[U X3] Mr. Greebel’s Sentencing Date IS Stretched Out — To August 8, 2018 — BUT NOT Beyond

UPDATED @ 5 PM EDT — And he has some extra summer days (of relative freedom):

Letter re sentencing date as to Evan Greebel.

In order to afford counsel additional time to collect letters and other materials in aid of sentencing, this court grants Mr. Greebel one final adjournment of the 6/26/18 sentencing date to 8/9/18 at 11:00am.

Counsel shall file a sentencing memoranda by 7/16/18, the government will respond by 7/23/18, and any reply is due by 7/30/18. The Court notes, further requests for adjournments may not be granted absent good cause.

Ordered by Judge Kiyo A. Matsumoto on 5/11/2018….

Noon UPDATE — The able AUSAs have answered Mr. Greebel — and I think the Judge will order just the schedule the AUSAs suggest. Do see this two pager. [End, updated portion.]

Reed Brodsky, on behalf of Mr. Greebel, is (as most white collar defense lawyers do) asking the able judge to delay sentencing by 45 days (that’s a three page PDF file). The government is not agreeing to do so. Of course, a delay naturally means (assuming he gets a jail sentence) Mr. Greebel goes away later in 2018.

In fact, he might even be able to stay out, while his inevitable appeals are prosecuted.

So — I offer R.West something “more interesting” to chew on this Friday: a bleeding heart plea, for a last summer of relative freedom, with his young family. The letter also discloses that Mr. Greebel has now seen the draft Pre-Sentencing Report from the Probation Department (subject only to possible revisions, by addenda, from the judge’s bench). But the defense doesn’t disclose the projected sentences — unlike Marty’s case, at this same point. [I wonder if it is materially worse — than Brodsky was expecting(?)… thus this delay, to marshall more in the way of character references, letters of support, etc.]

I have no idea whether Judge Matsumoto will allow this.

Do stay tuned, as I expect she will rule rather quickly.

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7 thoughts on “[U X3] Mr. Greebel’s Sentencing Date IS Stretched Out — To August 8, 2018 — BUT NOT Beyond

  1. R West says:

    So what have we learned from Greebel and Shkreli?

    To every email you receive, you send your now standard reply:

    “Call me.”

    I’ve been trying it … it has a fringe benefit … it saves a lot of time!

    Liked by 1 person

  2. R West says:

    Gov’t. seems really intent on cracking down on securities fraud. After WorldCom, Enron, 2008 financial meltdown, Madoff, etc.. … it’s about time! It’s seems common where defendants don’t sense that change in the wind … so they are still acting like pre-2008, but they get caught in the post-2008 crackdown. One has to be aware of these changes in the zeitgeist! If they miss it and get convicted with a stiff sentence, that’s not injustice … that’s just being dumb!

    Liked by 1 person

  3. R West says:

    Geez … it shouldn’t be that hard or take long to get the good character letters … you just find some people on the Internet that you’ve never met … like Martin did!

    Liked by 1 person

  4. R West says:

    “I wonder if it is materially worse — than Brodsky was expecting(?)”

    You can bet money on that. He got convicted on the “money count” that Martin escaped. So damages would be what Retrophin lost on the settlements plus same fraud on the market damages that Martin had. It has to be tens of millions … right? Then you start adding on points for corporate officer, sophisticated means, etc.

    Liked by 1 person

    • condor says:

      You were right, R.West — the government and the Probation Dept. both agree that the losses were more than $14.4 million, in Retrophin alone — so the pre-sentencing report for Mr. Greebel adds 20 points to the offense level — just as obtained in Marty’s pre-sentencing report.

      “…Pursuant the United States Sentencing Guidelines (“U.S.S.G.” or “Guidelines”), the appropriate calculation of the loss amount caused by the defendant Evan Greebel is approximately $14.4 million.

      Specifically, the defendant caused a loss of approximately $10,447,979.00 to Retrophin as a result of his participation in the conspiracy to steal money and shares from Retrophin via the settlement and sham consulting agreements (Count Seven), and the defendant caused approximately $4 million in intended losses as a result of his participation in the conspiracy to control the price and trading volume of Retrophin stock (Count Eight). This amount falls within the $9.5 million to $25 million offense level bracket in Section 2B1.1(b)(1), and results in a 20-level increase in the applicable offense level….”

      Full 6 pager from the AUSAs — just filed, tonight — here.

      UPDATED: And near midnight, the defense version — a seven page letter — appeared. [In it, the concluding argument — that Mr. Grebel should only be held culpable for calculation of loss purposes, on the Fearnow scheme from the time period that the shares dipped below $3, which was when he and Shkreli worked out the “over the wall” scheme, as to Mr. Tim P. — strikes me a patently preposterous.]

      Namaste…

      Like

  5. R West says:

    My sense is the Gov’t. is learning how to argue from Brafman’s letters. Their arguments now seem more logical, focused, and compelling. I don’t think Greebel gets an extension … that’s my bet!

    Liked by 1 person

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