A NEWLY Filed Civil Lawsuit (Against Marty) Offers An Odious “Peek Under The Hood” — At Turing (Now Vyera) Pharma….

I think this simply confirms much of what we largely long-suspected about the private company now called Vyera.

Rather than walk you through all the salacious details — and there are LOTS of them — I’ll just link the 29 pager, and quote the most innocuous bit:

On June 22, 2017, the very next day after Defendant Shkreli’s Facebook post to “Drain the [Turing executives] Swamp,” Ms. Costopoulos was stripped of all duties and authority in her capacity as Senior Vice President, Chief Compliance Officer and General Counsel of Turing. Mr. Mulleady, acting on behalf of the Company, at the direction of Defendant Shkreli and his personal attorney, Mr. Scott Vernick of Fox Rothschild (“Mr. Vernick”), advised Plaintiff that she was being placed on administrative leave pending an investigation into unspecified misconduct. A company-wide memorandum was circulated announcing the same….

Well. That was a stupid thing to do. But, that’s Marty for ya’.

Do enjoy — and a sincere hat tip — to an anonymous friend of the blog, for this!

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This Guy Is An Ongoing… Train-Wreck: His Appeals May Get Bounced For Failure To Pay Filing Fees!

This just in, from the able and erstwhile Clerk of the Second Circuit Court of Appeals:

A notice of appeal was filed [by Mr. Shkreli] on April 16, 2018.

The filing fee of $505.00 was due to be paid to the district court by April 30, 2018. The case is deemed in default.

Instructions for moving for in forma pauperis status are provided in the Court’s instructions entitled “How to Appeal a Criminal Case in the United States Court of Appeals for the Second Circuit”. The manual and the forms required to file the motion are enclosed with this order. They are also available on the Court’s website http://www.ca2.uscourts.gov.

IT IS HEREBY ORDERED that the appeal is dismissed effective May 17, 2018 unless by that date appellant either pays the fee in full, moves for in forma pauperis status in district court or, if district court has denied in forma pauperis status, moves in this Court for in forma pauperis status. If appellant has filed the motion in district court and the motion is pending, appellant must so advise this Court in writing by the same date….

For The Court:

Catherine O’Hagan Wolfe,
Clerk of Court

This is no fault of Mr. Brafman, or Mr. Baker. This is most often due to the fact that the given incarcerated convict has not paid his legal bills — in many months. And if he claims he is broke (i.e., is claiming forma pauperis status) — he must prove it by listing all his remaining assets. So — once again, Marty’s refusal to be honest about his debts, or his business relationships — is about to cost him dearly.

I will update when (and if) the filing fees are paid. Otherwise, on May 18… it is game over for Marty’s appeals.

Now you know — onward, and out into the fog here…. smile, just the same. Big day tomorrow!

[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.

Deadline On Any Federal Opposition To NY State Tax Grab: May 7, 2018 — Judge Matsumoto Orders…

Here it is — in full (just released):

ORDER as to Martin Shkreli.

The Court orders the government and Mr. Shkreli each to submit a response stating a position regarding the New York Office of the Attorney General’s Third Party Motion for Forfeiture of Property [591], and, if applicable, setting forth any arguments in opposition, by May 7, 2018.

Ordered by Judge Kiyo A. Matsumoto on 4/30/2018….

Now you know. Namaste — off to the food trucks, on a clear, 72 degree Spring afternoon — walk-about!

As Of Last Night, Marty Is Officially Banned From The Securities Industry — For Life…

No surprise — at all. But now it is now official.

Marty cannot conduct any securities industry business.

Here is the official SEC order, made public last night — and a bit of the same:

“….Accordingly, it is hereby ORDERED pursuant to Section 203(f) of the Advisers Act, that Respondent Shkreli be, and hereby is barred from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical rating organization.

Any reapplication for association by the Respondent will be subject to the applicable laws and regulations governing the reentry process, and reentry may be conditioned upon a number of factors, including, but not limited to, the satisfaction of any or all of the following: (a) any disgorgement ordered against the Respondent, whether or not the Commission has fully or partially waived payment of such disgorgement; (b) any arbitration award related to the conduct that served as the basis for the Commission order; (c) any self-regulatory organization arbitration award to a customer, whether or not related to the conduct that served as the basis for the Commission order; and (d) any restitution order by a self-regulatory organization, whether or not related to the conduct that served as the basis for the Commission order….”

Just as we said would be the case, over year ago.

Namaste.

Jim Comey Hangs With… Ghostface Killah… PRICELESS!

Do go read it all — and see the photos! This is great theater, courtesy Complex.com:

On Tuesday, Ghostface shared a photo of himself and Method Man posing with the former FBI director, smiling ear to ear. The rapper captioned the Instagram post: “Me and my brother… Workin’ on getting that album back from the feds….”

There you have it — the former head of the FBI hangin’ with… Wu-!

Whodathunkit!? Or… Wu-dathunkit?!

That’s all I’ve got…. G’Night!