Tonight, Mr. Shkreli’s new counsel, Ms. Murphy, submitted a two page letter to argue that the government has done him wrong, in deciding NOT to oppose Dr. Koestler’s attempts to close out a six year old judgment Martin has been ducking since before he was even arrested. It is a judgment he owes from his time at Retrophin. Old history — and this bobbing and weaving, must at some point — just end. Dr. Koestler is manifestly entitled to be paid, all these years later.
This is one of the central reasons for the courts — what courts are for: to force welshers like Martin… to pay up, on contractual obligations long ago made.
Here is Dr. Koestler’s 13 page reply, and what for my money, is the best bit:
…Bizarrely, Mr. Shkreli’s counsel asks for “sufficient time to thoroughly research and brief” purported issues of “corporate governance,” “international law” and value. To the extent there are any real issues of that sort, those are issues for a receiver, not a reason not to have one (and not a reason to effectively remove the asset in issue here from Judgment enforcement by either the Petitioner or the government while Mr. Shkreli’s counsel studies up on obstruction efforts). Here, Mr. Shkreli owns the Phoenixus Stock, has turned his shares over to the government (ECF #58, p. 2, n.2) and has a legal duty, under the Forfeiture Order (see Criminal Case ECF #540, ¶¶10-11) and NY CPLR 5225, both (i) to take such steps as are necessary to ensure that nothing impairs the value of those shares or their availability to satisfy his judgment debts and (ii) to take whatever affirmative steps are necessary, including execution of any documents required, to ensure that his ownership interest in the Phoenixus Stock may be readily sold to satisfy the government and petitioner judgments.
Thus, this is not a time for this incarcerated felon’s counsel to be afforded more time to“research” ways in which Mr. Shkreli could further obstruct in violation of the Forfeiture Order, [or] the Judgment Creditor’s restraining notice to him…. This Court’s firm and swift relief is needed….
Condor predicts that Martin is finally… out of time — and out of tricks.
This is why, in all likelihood, the other shareholders of Phoenixus AG are working a deal to reverse merge a sub into a public company, and create liquid, and freely trading stock — to use as a currency, to pay off Martin’s debt to Dr. Koestler. See our last three or so posts, since last Saturday, on all this.
Do stay tuned.
Martin Shkreli: Transitioning... To A Free Man. 