Humanigen Inc (HGENQ)

[shajandr]

Wrong. There is no 20 year "mandatory minimum" sentence involved at all. If convicted, the judge computes the sentencing guidelines based on several factors - prior convictions within the last 10 years, pre-sentence investigation report, amount of financial loss to victims (nott very much based on his charges).

He may get 60 months, tops. He's a first-time felon and the amounts alleged in the indictment are fairly small potatoes, even by pennystock scamster standards.

The jury convicts, butt the judge sentences and will generally follow the sentencing guidelines plus or minus. Otherwise, the sentence is likely to be overturned on appeal and resentencing ordered.

No way in hell Shkreli gets anywhere near even 10 years for this.

Now, if they ADD counts and monetary losses in a superseding indictment, then all that may change. Butt now, prolly 5 years is what he's facing - realistically.

If the DOJ and SEC are able to add further counts/claims that expand the financial loss calculation, then all bets are off because under some theories, this could get into the tens to hundreds of millions range. Which would be a loooong sentence.

But there is no 'mandatory minimum' sentencing involved here.