A former lawyer for Martin Shkreli's companies might be heading to prison after a jury convicted him of conspiring with the former biotech executive to defraud investors.
Evan Greebel, who advised companies including Retrophin Inc., was found guilty Wednesday of helping Shkreli steal $11 million to pay back investors after the hedge-fund-manager-turned-drug-executive lost their money in risky trades.
Greebel was expressionless as the verdict was read in federal court in Brooklyn, N.Y. His wife, sitting in the gallery, burst into tears.
Greebel was accused of conspiring with Shkreli by helping him devise sham settlement and consulting contracts to pay back investors, using assets from Retrophin, as well as helping Shkreli in the share-control scheme. Jurors in Greebel's trial received a virtual repeat of testimony from Shkreli's case, with most of the witnesses from that case — including investors, consultants and board members — making appearances.
Greebel was a corporate lawyer at Katten Muchin Rosenman, and he advised Retrophin as outside counsel. Current Retrophin Chief Executive Steve Aselage and former Chairman Steve Richardson alleged that Greebel appeared to show more loyalty to Shkreli than to the company, including by advising him about the terms of his employment agreement when the board was in the process of ousting Shkreli in late 2014.
Emails also showed the young executive berating Greebel, calling him and his colleagues "lazy and stupid and paid too much." Prosecutors alleged that Greebel showed deference to Shkreli and "hatched a plan" with him to engage in fraud.
Other lawyers who worked with Greebel, testifying for the defense, said that he was a talented attorney and that Shkreli was a just a difficult client. Witnesses for Greebel said that they believed the consulting agreements were legitimate.
Greebel was convicted of conspiracy to commit wire fraud for helping Shkreli steal from Retrophin and conspiracy to commit securities fraud for helping Shkreli manipulate company shares.
NEW YORK (Reuters) - Former U.S. drug company executive Martin Shkreli will be held responsible for $10.4 million in financial losses when he is sentenced for defrauding investors, a federal judge ruled on Monday, rejecting his argument that he did not cause any losses because his investors eventually came out ahead.
The ruling from U.S. District Judge Kiyo Matsumoto could mean more prison time for Shkreli, since the amount of financial loss plays a major role in federal sentencing guidelines. While Matsumoto must consider the guidelines at the sentencing, which is scheduled for March 9, she is not bound to follow them.
a lawyer for Shkreli, said in an email that he was “disappointed by the ruling but still hopeful that the court will find it in her heart to impose a reasonably lenient sentence.”
Shkreli has been in jail since September, when Matsumoto revoked his bail after he offered a $5,000 bounty for a strand of Hillary Clinton’s hair in a Facebook post.
Prosecutors have not disputed that Shkreli’s investors came out ahead after Shkreli paid them in shares of Retrophin, and in some cases through settlement agreements and consulting contracts with the company. Shkreli’s lawyers argued that as a result, he should not be held responsible for financial loss.
Matsumoto said in Monday’s order that under federal law, all of the money that investors put in Shkreli’s funds as a result of his fraud, about $6.4 million, must be considered loss. She also said he should get no credit for paying investors back because he only did so after they became suspicious.
The judge said that Shkreli should be held responsible for about $4 million in intended loss to investors for trying to prop up the price of Retrophin shares by trying to stop a group of investors from selling them, even though he was not fully successful.
Notorious "pharma bro" Martin Shkreli was sentenced Friday to seven years in prison for federal fraud charges related to hedge funds and a drug company that he once ran.
"There one person to blame for me being here today is me," a choked-up Shkreli told a judge before she imposed the prison term. "Not the government. There is no conspiracy to take down Martin Shkreli."
"I took down Martin Shkreli."
"This is my fault. I am no victim here," Shkreli said, before breaking down into sobs as he promised his lawyer not to let him down in his efforts to contribute to society.
Shkreli will head off to prison from his current jailhouse abode for misleading investors about key details and the dismal financial market performance of the MSMB Capital and MSMB Healthcare hedge funds that he operated.
Shkreli also was convicted last August of conspiring to fraudulently manipulate stock shares of Retrophin, the pharma company he created after both hedge funds effectively collapsed.
Evidence at trial revealed that Shkreli had used stock and cash from publicly traded Retrophin to pay back the duped hedge fund investors, who all ended up getting more than they had originally invested.
Defense lawyers had asked Matsumoto in a court filing last week to give Shkreli a relatively light prison term of 12 to 18 months, followed by 2,000 hours of community service and mandatory therapy.
But prosecutors had asked for at least 15 years in prison.
They argued that Shkreli lacked "genuine remorse " for his crimes, and had a pattern of deceptive schemes spanning even after the crimes for which he was convicted.
They called Shkreli "a man who believes the ends always justifies the means."
Federal sentencing guidelines had suggested a prison term of decades, in large part because of Matsumoto's finding that the losses from Shkreli's crimes totaled $10.4 million.
Shkreli has been locked up in a federal jail in Brooklyn since September, a month after his conviction, when Mastumoto revoked his $5 million release bond.
Mastumoto's move came after Shkreli, in yet another social media stunt, offered his Facebook followers a $5,000 bounty for samples of Clinton's hair. The offer, which Shkreli claimed was satire, drew the attention of the Secret Service, which provides protection for Clinton, and drew the ire of prosecutors.
Matsumoto said Shkreli represented a danger because of his bounty offer.
Shkreli plans to appeal his conviction.
Fuck him, he could have already contributed to society, but he only wanted to help himself. He still only wants to help himself, Fuck him with a razor wire wrapped baseball bat.Shkreli said, before breaking down into sobs as he promised his lawyer not to let him down in his efforts to contribute to society.
So not long enough. I hate that pasty faced little fuck. I do hope he reaps what he's sown while in there though.Notorious "pharma bro" Martin Shkreli was sentenced Friday to seven years in prison for federal fraud charges related to hedge funds and a drug company that he once ran.
The convicted hedge fund manager asked Judge Kiyo Matsumoto recommend he serve his stretch in “minimum-security camp at USP Canaan” in Waymart, Pa.
But don’t let the description fool you, the inmates don’t exactly get together for fireside sing-a-longs.
Since 2010, there have been four fatal stabbings using homemade shanks, the local paper the Times-Tribune reported. In 2011, 300 inmates and staff fell ill from salmonella poisoning in the chicken.
Gambino Crime Family associate Joseph O’Kane was knifed 92 times during a deadly fight in his prison cell in April 2010, according to the Department of Justice.
Cop-killer Ephraim Goitom died in the prison hospital after a fight in Jan. 2013.
Finally, inmate Jessie Con-ui murdered a Canaan prison officer in Feb. 2013, the local paper reported.
A federal judge on Tuesday ordered "pharma bro" scammer Martin Shkreli to immediately pay a defrauded hedge fund investor about $388,000 in restitution, roughly half of what the investor asked for.
Kocher, a New Jersey builder, was the only one of Shkreli's investors to seek restitution for damages from the crimes.
Those crimes were related to Shkreli misleading Kocher and other investors about key details of his two hedge funds, sending them phony financial performance statements and refusing to redeem their investments when they asked.
Both funds effectively went belly up after Shkreli's purported stock picking acumen turned out to be a charade.
But the investors ended up getting back their original investments, and even more money, after Shkreli paid them off with a combination of stock and cash from a new pharmaceuticals company he had founded, Retrophin.
Shkreli's lawyer, Benjamin Brafman, had argued that given that fact, none of the investors were entitled to restitution under the law.
But Kocher, who had originally invested $200,000 in Shkreli's fund, claimed he was entitled to nearly $779,000 in restitution.
That claim was based on the fact that Shkreli delayed, for months, repaying Kocher his investment stake when Kocher told him in early 2013 he needed it to finance a real estate deal in New Jersey.
Kocher said that because he was not able to get his money back from Shkreli when he needed it, he was forced to take on a partner in the transaction.
And when the deal came to fruition, Kocher has said, he had to pay that partner $769,477 as a share of its profits.
"Had Mr. Shkreli not defrauded Mr. Kocher, Mr. Kocher would have been able to use his own money as funding for the real estate investment, and would not have had to take on a partner," Matsumoto noted in her order Tuesday.
Kocher asked Matsumoto to order Shkreli to pay him what Kocher had to give his partner for the deal. He also wanted Shkreli to cover the legal costs he incurred in trying to redeem his MSMB hedge funds investment and more than $200 in costs related to his testimony at Shkreli's trial.
Matsumoto, however, said Shkreli would have to pay Kochher only $388,336.49.
That amount, the judge noted, represents Kocher's lost profits from the real estate deal and his legal costs related to the hedge fund fraud, less the value of the $390,421.14 in Retrophin stock and cash he previously got as a settlement from Shkreli.
"Pharma bro" scammer Martin Shkreli has been sent to a federal prison in New Jersey to serve the remainder of his seven-year sentence after being denied his request for a minimum-security federal camp.
Shkreli, who had been in a Brooklyn federal jail since September, was shipped Tuesday to the low-security Fort Dix Federal Correctional Institution in New Jersey, according to the U.S. Bureau of Prisons.
The prison is located on the U.S. military base at Fort Dix, about 80 miles from New York City, where Shkreli lived, and 30 miles from Philadelphia. It houses 3,945 inmates.
Shkreli, 35, in March had asked to be sent to the minimum-security camp adjacent to another federal prison in Pennsylvania, FCI Canaan.
His sentencing judge endorsed that request. But the Bureau of Prisons has the last word in determining where to place its inmates.
Shkreli's lawyer Benjamin Brafman declined to comment Wednesday.
NEW YORK (AP) — Federal authorities said Friday they are investigating claims that Martin Shkreli has been running his pharmaceutical company from behind bars using a contraband smartphone.
The U.S. Bureau of Prisons told The Associated Press it has opened an inquiry into whether the man nicknamed the "Pharma Bro" violated prison rules forbidding inmates from conducting business and possessing cellphones.
Shkreli, 35, is serving a seven-year sentence for securities fraud at the Federal Correctional Institution at Fort Dix, New Jersey, a low-security prison complex about 40 miles from Philadelphia. He was found guilty of lying to investors in two failed hedge funds and cheating them out of millions.
The Wall Street Journal reported this week that Shkreli has used a cellphone to call the shots at his drug company, Phoenixus AG, posting regularly to social media and even firing the company's chief executive a few weeks ago.
The Bureau of Prisons said federal prisoners caught in possession of cellphones face up to an additional year behind bars if convicted. Shkreli also could face disciplinary sanctions within the prison if he is found to have conducted business.
"Like all correctional agencies, the BOP continues to tackle the problem of contraband being introduced into our facilities, including contraband cell phones," the agency said in a statement to The AP. "The BOP continually evaluates and deploys as appropriate, contraband-detecting technologies, including walk-through metal detectors and whole-body imaging devices."
A federal appeals court on Thursday upheld the criminal conviction of notorious “pharma bro” Martin Shkreli.
The three-judge panel in the U.S. Court of Appeals for the Second Circut also upheld the more than $6.4 million in foreiture that a judge imposed on Shkreli last year when she sentenced him for his conviction on two counts of securities fraud and one count of conspiracy to commit securities fraud.
In its ruling, the appeals panel disagreed with Shkreli’s claim that his trial judge’s instructions to the jury at his trial were incorrect and confusing to jurors.
The panel likewise dismissed Shkreli’s argument that the forfeiture amount was inappropriate because not all of the investors in his hedge funds testified, that they amount should be reduced to account for losses he incurred by making trades for the funds, and that the large returns seen by investors should reduce the forefeiture to zero.
Shkreli’s appeals lawyer, Mark Baker, told CNBC, “We’re obviously disappointed, and we will consider and weigh whatever remedies are available.”
Baker said he did not think he would ask the entire Second Circuit to review the panel’s decision, because “I don’t think we have a good faith basis” for such a request.
But he will consider whether to ask the U.S. Supreme Court to hear an appeal of the ruling, he said.