Marty Requests Placement In Minimum Security Camp USP Canaan, PA

I’ll have more in a minute — including the whole three page letter — but he is asking for a “camp fed” placement — in Canaan, Pennsylvania.

Should he be treated purely as a non-violent first time offender?

Or should the US Secret Service’s assessment of him, as a threat to himself, and society at large, hold more sway?

That is what is at stake here: a minimum security camp (some say “Camp Canaan” is more akin to a small college campus — i.e., no high walls; distant, mostly obscured fences)… or a medium security hardened federal prison?

A place only a touch better than the Brooklyn MDC Marty now calls home

Which will it be?

Now we wait to see the able AUSAs’ suggestion — on Thursday.



While We Wait, For Tuesday — Some More TRUTH About Marty’s… “Character”.

This will be a short one — as it has been reported extensively, in hip-hop source outlets. [And it is merely cumulative, as to the AUSAs’ evidence of his past conduct….]

The graphic at right really says it all. [Even so, here is our backgrounder, from early 2016, at the original KaloBios bankruptcy blog, on it all.]

Let’s be clear: where Marty is now held — in the Brooklyn MDC — is a veritable country club… compared to Rikers.

Marty apparently helped finance this rap artist — and then, apparently visited this rap artist just once in Rikers, while Mr. Pollard was awaiting a final determination, on his bail amount, to be set at a then-distant hearing date.

Marty widely proclaimed on social media that he (Oh “Magnanimous Marty”) would bail Bobby out — given how awful the conditions at Rikers are. [Marty planned to have Mr. Pollard record exclusively for him, to recoup the bail bond stake, it appears. So it always was about a quick buck, for Marty, in my opinion.]

Then Marty flat-out abandoned him. So he had to take a plea, since he didn’t have $2 million — and wouldn’t have survived very long in Rikers, awaiting a trial, some four years off.

Now Bobby is in Clinton (i.e., a better place — but still a real prison) — and, his release date is likely mid-2020….

Classy move, Marty. Classy.  Now you know.

And please do note the irony — when Marty files his papers on Tuesday — to say he needs to be placed at a “camp fed” facility, due to HIS fragile condition.

Next Up? Mr. Brafman’s Brief On The Three “Ps”: Prison Placement Preference — Due Tuesday…

I am semi-reliably informed (by someone who claims to have been in the courtroom, yesterday) that both sides agreed to make Marty’s entire psychiatric and health workup public… “on Tuesday“.

I (for one) will be surprised if that conjecture turns be to be completely true. I do think a summary of those federal health information findings will be made public on Tuesday (much along the lines of what the MSM has been reporting overnight), as the same will likely be a part of, and contained inside Mr. Brafman’s first brief, almost certainly arguing for a “Camp Fed” facility placement (and seemingly incidentally, suggesting a preliminary plan of restitution).

Placement is usually argued (by the defense counsel) as to where the felon will best fit, and be both safe, and secure, for his stay. [Moreover, if he is to get psychological treatment (as the able judge suggested yesterday), it will need to be in a facility that provides such a service, for example. And the upshot — but not the “sources and methods” (if you will) — of his eval will be relevant for all of that.]

We expect the government’s answer to those defense papers will be filed on Thursday (just before our plans for a boisterous and hilarious St. Patrick’s 2018!) — thus, the graphic at upper right.

We also STILL expect that the unsolicited letters (likely in a redacted form) will be made public in the next few days, as the able Judge had suggested, last week. “We, the people…” have a right to see them. And if need be, the news outlets will file papers for access, and we will all subsequently read them… there.

Now you know — but what a layperson overhears in a courtroom… may differ — and differ, markedly — from what (usually at least) actually turns out to transpire.

नमस्ते — and so, “eventually, all things merge into one… and a river runs through it….” I am haunted by waters.


[U] Appeals. We WILL Have Appeals. In A Change Of Heart, I’ll Cover Them.

Shkreli-07-28-2017UPDATED: 8 PM EST — The order from today is up. [But still none of the unsolicited letters, yet. And (subsequently), courtesy of an anonymous friend of the blog, here is a link to the full courtroom transcript — from today’s sentencing (it’s a massive PDF, so grab it on Wi-Fi).]

Significantly, no judgment will be entered, pending additional briefing. I’ve bolded those due dates:

“…Sentencing was held before Judge Kiyo A. Matsumoto on March 9, 2018 as to Martin Shkreli, on Counts Three (3), Six (6) and Eight (8) of the Superseding Indictment….

Defendant was sentenced to Eighty-four (84) months, with credit for time served, on each of Counts Three (3) and Six (6), to run concurrently; Sixty (60) months with credit for time served on Count Eight (8), to run concurrently with all other counts. A Supervised release term of Three (3) years with special conditions imposed. A mandatory Special Assessment of Three Hundred ($300) Dollars. A fine of $25K on each count for a total of $75K and restitution to be determined at a later date. The defendant was advised of his right to appeal.

At defendant’s request, the court will not enter judgment at this time, pending further briefing regarding restitution and facility placement. Defendant’s submission is due by March 13, 2018; the government’s response is due by March 15, 2018….”

End update.

First, I want to congratulate our twin winners — long time, highly valued participant R.West, and new comer(s) Peter&Paul — both made equally precise and impressive calls. Sharp work!

Now… I am certain I am going to live to regret this

But I do think the appeals will come, in due course, from both sides — as I do see this downward departure from the guidelines… as rather extreme, given that others who admitted guilt (and saved the government the effort of trying them, on similar facts), were sentenced to significantly longer terms.

But as I said last evening, I think it was Oliver Wendell Holmes (paraphrasing) who intoned that “if everyone is a little uncomfortable… it is probably justice…” So perhaps this is… Brooklyn justice.

The color photos and color themes will remain on the site [and we will also cover Mr. Greebel’s sentencing day — still some months off, yet].

And, yes… we will cover the appeals. Thanks to one and all — for making this such a thought provoking and generally genial place to have… an occasional root beer.


[U] Ahem. A Late Defense Letter, LACKING Disclosures — Of “Conflicted Interests”: KUDOS PathoPhilia!

UPDATED: Meg Tirrell is there inside the courtroom in Brooklyn — she will have a live report on CNBC. We will revise the masthead, as she speaks. End, update.

I want to be gently circumspect here, as Dr. Trachtman may well be a very careful medical researcher at NYU. Nothing I’ve seen suggests that he is not. I trust that these are his sincerely-held views… and he is plainly entitled (as a matter of free expression) to support a three time convicted felon.

However, if he were submitting this letter to any peer-reviewed medical research or policy journal, for publication on those editorial pages — weighing in on a matter of life science policies, or advancements… he almost certainly would have disclosed in the letter that he held (and perhaps still HOLDS) an NYU Medical School ENDOWED Professorship of Pediatric Nephrology… titled “THE MARTIN SHKRELI Professorship of Pediatric Nephrology.”

This is perhaps a fitting exclamation point, and a view into the past — a window — as to what Marty’s life was like — back when he was flush with ill-gotten (purloined) cash, from his Retrophin and KaloBios schemes.

He endowed chairs at private universities — likely into the millions of dollars. And he trusted that crony-capitalism would serve his interests, one day. That day… is today. But probably not in the way he had hoped. [After all, it wasn’t like the good doctor was writing to some prestigious medical journal. No… nothing as weighty as THAT… he was only offering (opinion) evidence, in a felony federal securities fraud sentencing proceeding — where people defrauded of over $10 million came to seek… justice, under the law. Really — no need to be… fully candid.]

Take it away, PathoPhilia — but we both agree, it won’t matter to his outcome:

“…As far as I know, NYU never returned Shkreli’s money, which established the endowed professorship at NYU. (The amount was never revealed, but it was likely in the millions.) Nevertheless, it appears that Dr. Trachtman has scrubbed Martin Shkreli’s name from his webpage. Dr. Trachtman is no longer publicly identified as the “Martin Shkreli Professor of Pediatric Nephrology” at the NYU website. And the doctor certainly didn’t identify himself as such when signing his letter of support for Shkreli….”

Namaste… two hours to go — and I am revising the locked down contest sheet below — to include our UK entrant… she has him at… 8 years. You are in, Ms. Catherina Horowitz — as are “Peter&Paul” at 6.5 years…. ROC, at 4 years is in under the wire — but will not appear on the sheet. I am on a train now… cannot add before 11 AM EST — but your guess is recorded, and down.



Those “UN-Solicited” Letters — About Marty — Will Be On File, By Tonight…

Okay. Here is the latest, as we await tomorrow’s orders. [And to be clear, the image at right is one of the SOLICITED letters, from the defense filing — of last week. (More about that letter, likely from PathoPhilia, later — note that the person writing it was under the impression from Marty, no doubt, that FDA granted an APPROVAL, in Cypress — which we all know… could never ever… happen), based on her, and our, and now Dan’s comments at CNBC (linked), last evening.]:

ORDER as to Martin Shkreli.

The court will so-order, in part, the parties’ joint proposal regarding letters the court has received in connection with the sentencing in this case. On notice to the defense, the government shall, by March 8, 2018, redact the letters to ensure that (1) only individuals’ personally identifiable information (“PII”) (e.g. date of birth, contact information, etc.) is redacted, but the name of the person submitting the letter shall not be redacted except as provided in (2) herein; (2) the author’s name, and the names of family members and/or friends, together with all other PII, must also be redacted in circumstances where the disclosure of the author’s name could result in an association between a specific individual and a specific medical condition. Ordered by Judge Kiyo A. Matsumoto on 3/7/2018….

And now — as of 2 PM EST, the able AUSAs have confirmed (by a similarly-filed letter) that they have delivered said as-redacted letters — to the court. So… we should see them by later tonight Eastern, on the PACER docket.

I’ll have the full listing of contest guesses — for easy reference — up later tonight as well. Onward.