AI
Friday, June 23, 2017 8:16:17 AM
Pacer update 27 Mar 17 - USA v. Shkreli et al CRIMINAL DOCKET FOR CASE #: 1:15-cr-00637-KAM-1
https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl
Defendant (1)
Martin Shkreli
Defendant (2)
Evan Greebel
Date Filed # Docket Text
06/22/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Conference as to Martin Shkreli held on 6/22/2017. AUSAs Jacquelyn Kasulis, Esq., Alixandra Smith, Esq., and G. Karthik Srinivasan, Esq. appeared for the government; Benjamin Brafman, Esq., Marc A. Agnifilo, Esq. and Andrea Zellan, Esq. appeared for Mr. Shkreli; Katherine Bolger, Esq. represented the EDNY press pool. The court heard argument from the parties and the press representative regarding 256 the EDNY press pool's request to have a pool reporter present at voir dire sidebars. The court will take these arguments under advisement and issue a decision at a later time. The court also heard the parties' discussion concerning 255 Mr. Shkreli's letter regarding trial subpoenas of defense witnesses. (Court Reporter: Victoria Torres-Butler) (Tata, Vivek) (Entered: 06/22/2017)
06/22/2017 256 Letter dtd 6/20/17 from EDNY Press pool as to Martin Shkreli. (Williams-Jackson, Sandra) (Entered: 06/22/2017)
06/22/2017 255 MOTION for Hearing on June 22, 2017 by Martin Shkreli. (Agnifilo, Marc) (Entered: 06/22/2017)
06/21/2017 SCHEDULING ORDER as to Martin Shkreli. The court will hold a conference on the EDNY press pool's request to attend voir dire of prospective jurors at sidebar, and on the 253 254 parties' responses to that request. The conference will take place at 2:00 p.m. on Thursday, June 22, 2017 in Courtroom 6C South. Ordered by Judge Kiyo A. Matsumoto on 6/21/2017. (Tata, Vivek) (Entered: 06/21/2017)
06/21/2017 254 Letter in response to request from EDNY press pool as to Martin Shkreli (Brafman, Benjamin) (Entered: 06/21/2017)
06/21/2017 253 Letter in response to request from EDNY press pool as to Martin Shkreli (Smith, Alixandra) (Entered: 06/21/2017)
06/21/2017 252 Letter re: press pool as to Martin Shkreli, Evan Greebel (Brodsky, Reed) (Entered: 06/21/2017)
06/21/2017 ORDER as to Martin Shkreli, Evan Greebel. The court has been advised that members of the Eastern District press pool have contacted the Eastern District Executive requesting, inter alia, that one pool reporter be permitted to attend individual voir dire of prospective jurors at sidebar, listen, and take notes. The court directs the parties to submit their views on this request by 5:30 p.m. today, 6/21/17. Ordered by Judge Kiyo A. Matsumoto on 6/21/2017. (Matsumoto, Kiyo) (Entered: 06/21/2017)
06/19/2017 Minute Entry for proceedings held on June 19, 2017 before Judge Kiyo A. Matsumoto: Pretrial Conference as to Martin Shkreli. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared for Mr. Shkreli. The parties discussed Mr. Shkreli's 246 motion to modify conditions of release as well as preliminary and logistical matters relating to the trial, and the court heard oral argument on the parties' motions in limine. The parties have advised the court that they expect trial to last approximately five weeks; the parties are directed to promptly notify the court if their estimated time for trial changes. The court has taken the parties' arguments on their motions in limine under advisement and will issue a decision at a later date. The parties are advised that jury selection will begin at 9 a.m. on June 26, 2017, in the Ceremonial Courtroom on the Second Floor of the courthouse. Court reporter: Georgette Betts. (Tata, Vivek) (Entered: 06/19/2017)
06/16/2017 251 ORDER granting non-party Retrophin's 244 proposed 502(d) order. Ordered by Judge Kiyo A. Matsumoto on 6/16/2017. (Tata, Vivek) (Entered: 06/16/2017)
06/16/2017 250 Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 06/16/2017)
06/16/2017 249 Letter to Hon. Matsumoto regarding June 19, 2017 Status Conference as to Martin Shkreli (Brafman, Benjamin) (Entered: 06/16/2017)
06/15/2017 248 REPLY TO RESPONSE to Motion re 230 MOTION in Limine (in response to Shkreli's sur-reply, Dkt. No. 241) (Smith, Alixandra) (Entered: 06/15/2017)
06/15/2017 247 Letter Identifying Statements and Subjects for Oral Argument as to Martin Shkreli (Attachments: # 1 Exhibit 1 (Chart of Parties' Positions on Admissibility of Shkreli's Prior Statements)) (Smith, Alixandra) (Entered: 06/15/2017)
06/15/2017 246 MOTION to Modify Conditions of Release by Martin Shkreli. (Attachments: # 1 Proposed Order) (Brafman, Benjamin) (Entered: 06/15/2017)
06/13/2017 ORDER as to Martin Shkreli. The government has submitted 245 a letter requesting permission to file a response to Mr. Shkreli's 241 sur-reply memorandum on the government's motions in limine. The government may file a short letter brief by June 15, 2017, responding only to new legal arguments in Mr. Shkreli's 241 sur-reply. Ordered by Judge Kiyo A. Matsumoto on 6/13/2017. (Tata, Vivek) (Entered: 06/13/2017)
06/13/2017 245 Letter seeking permission to respond to new legal arguments in defendant Shkreli's sur-reply as to Martin Shkreli (Smith, Alixandra) (Entered: 06/13/2017)
06/13/2017 244 Letter on behalf of Retrophin, Inc. in response to Mr. Shkreli 's Counsel's letter dated June 11, 2017 as to Martin Shkreli, Evan Greebel (Attachments: # 1 Proposed Order Proposed 502 D Order) (Shapiro, Ian) (Entered: 06/13/2017)
06/13/2017 243 Letter Updating the Court as to June 11, 2017 Letter (Dkt. No. 238) as to Martin Shkreli (Zellan, Andrea) (Entered: 06/13/2017)
06/13/2017 242 ORDER as to 239 Scheduling Letter and 240 proposed stipulation as to Martin Shkreli. The court hereby orders the 240 proposed stipulation. With regard to the 239 Scheduling Letter, the court grants Mr. Shkreli's request to submit a sur-reply and grants his request for oral argument on the pending motions in limine. The court will hear oral argument on these motions during the pre-trial conference currently scheduled for June 19, 2017 at 10:30 am. By June 15, 2017, the parties shall submit a joint letter identifying the specific statements or subjects for which they will offer argument. Ordered by Judge Kiyo A. Matsumoto on 6/13/2017. (Tata, Vivek) (Entered: 06/13/2017)
06/12/2017 241 RESPONSE in Opposition re 230 MOTION in Limine and 237 Reply to Response to Motion (Agnifilo, Marc) (Entered: 06/12/2017)
06/12/2017 240 Letter attaching stipulation and proposed order governing Section 3500 Material as to Martin Shkreli (Attachments: # 1 Proposed Order) (Smith, Alixandra) (Entered: 06/12/2017)
06/12/2017 239 Letter Re: Scheduling as to Martin Shkreli (Brafman, Benjamin) (Entered: 06/12/2017)
06/11/2017 238 Letter to Hon. Matsumoto in response to the Court's June 10, 2017 Order as to Martin Shkreli (Attachments: # 1 Exhibit A) (Agnifilo, Marc) (Entered: 06/11/2017)
06/10/2017 ORDER finding as moot, absent clarification from Martin Shkreli 103 regarding his Motion to Compel production of Retrophin Documents.ORDER as to Martin Shkreli. In response to the court's orders regarding Mr. Shkreli's motion to compel production of non-party Retrophin documents, Retrophin, by letter dated May 19, 2017 [doc.225], reported that it has reviewed and revised its assertions of attorney-client privilege concerning particular communications reflected in Retrophin's documents. Retrophin's 5/19/17 letter advised that there are 50 unique documents over which it still asserts a privilege. Retrophin has proposed redactions for most of those 50 documents, and has indicated that it intends to withhold several others. By June 13, 2017, Mr. Shkreli shall specify which, if any, of Retrophin's privilege determinations he wishes the court to review, or the court will accept Retrophin's privilege determinations as final and deem Mr. Shkreli's motion to be moot. Moreover, because Mr. Shkreli has not availed himself of the opportunity by the court ordered deadlines, to provide the court with explanations regarding his need for, and the relevance of, documents claimed by Retrophin to be protected by the attorney-client privilege, the Court deems withdrawn Mr. Shkreli's prior arguments that he should be permitted to breach the privilege where it has properly been asserted. Ordered by Judge Kiyo A. Matsumoto on 6/10/2017. (Matsumoto, Kiyo) (Entered: 06/10/2017)
06/09/2017 237 REPLY TO RESPONSE to Motion re 230 MOTION in Limine (Srinivasan, Girish) (Entered: 06/09/2017)
06/09/2017 ORDER as to Martin Shkreli's 234 motion for an updated witness list. The parties are respectfully directed to update each other on a continuing basis as they finalize their witness lists. The government is also respectfully directed to inform Mr. Shkreli, by June 13, 2017, of the witnesses it plans to call during the first three days of its case-in-chief. The parties shall be prepared to exchange a updated and final witness list at or before the pretrial conference, currently scheduled for June 19, 2017. Ordered by Judge Kiyo A. Matsumoto on 6/9/2017. (Tata, Vivek) (Entered: 06/09/2017)
06/08/2017 236 Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 06/08/2017)
06/08/2017 235 RESPONSE in Opposition re 229 MOTION in Limine to Preclude Statements (Smith, Alixandra) (Entered: 06/08/2017)
06/07/2017 234 MEMORANDUM in Opposition re 230 MOTION in Limine (Agnifilo, Marc) (Entered: 06/07/2017)
06/03/2017 233 Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 06/03/2017)
06/02/2017 232 Letter to Judge Matsumoto re: Compliance With Scheduling Order as to Martin Shkreli (Zellan, Andrea) (Entered: 06/02/2017)
06/01/2017 SCHEDULING ORDER as to Martin Shkreli. As 228 proposed by the parties, responses to the motions in limine filed on June 1, 2017 shall be filed by June 7, 2017, and replies, if any, shall be filed by June 9, 2017. Ordered by Judge Kiyo A. Matsumoto on 6/1/2017. (Tata, Vivek) (Entered: 06/01/2017)
06/01/2017 231 ORDER granting 225 Proposed Order. So Ordered by Judge Kiyo A. Matsumoto on 5/26/2017. (Tavarez, Jennifer) (Entered: 06/01/2017)
05/31/2017 230 MOTION in Limine by USA as to Martin Shkreli. (Smith, Alixandra) (Entered: 05/31/2017)
05/31/2017 229 MOTION in Limine to Preclude Statements by Martin Shkreli. (Agnifilo, Marc) (Entered: 05/31/2017)
05/31/2017 228 Letter re Briefing Schedule for Motions in Limine as to Martin Shkreli (Smith, Alixandra) (Entered: 05/31/2017)
05/25/2017 ORDER granting Evan Greebel's 227 Motion to Travel. Mr. Greebel shall provide his itinerary to his Pre-trial Services officer and report to Pre-trial Services after returning from his trip. Ordered by Judge Kiyo A. Matsumoto on 5/25/2017. (Tata, Vivek) (Entered: 05/25/2017)
05/24/2017 227 MOTION to Travel by Evan Greebel. (Rubin, Lisa) (Entered: 05/24/2017)
05/21/2017 226 Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 05/21/2017)
05/19/2017 225 Letter on behalf of Retrophin, Inc. pursuant to the Court's May 11 and May 12 Orders as to Martin Shkreli, Evan Greebel (Attachments: # 1 Proposed Order Proposed 502(d) Order and Appendix A, # 2 Exhibit Redacted Privilege Logs) (Shapiro, Ian) (Entered: 05/19/2017)
05/19/2017 224 ORDER: It is hereby ORDERED pursuant to FRCP6(e)(3)(E)(i), that the government shall produce to the defendants, through their counsel, copies of all grand jury subpoenas served on Retrophin, Inc., in connection with the above case; and it is further ORDERED that the defendants and their counsel may not disseminate or disclose such subpoenas to any other person as to Martin Shkreli, Evan Greebel re 223 Letter. Ordered by Judge Kiyo A. Matsumoto on 5/19/2017. (Williams-Jackson, Sandra) (Entered: 05/19/2017)
05/19/2017 223 Letter Enclosing Proposed Disclosure Order as to Martin Shkreli, Evan Greebel (Attachments: # 1 Proposed Order) (Smith, Alixandra) (Entered: 05/19/2017)
05/16/2017 222 ORDER. For the reasons stated in the attached Memorandum and Order, the court denies Martin Shkreli's 174 Motion to Suppress and denies without prejudice his Motion for Prompt Production of Brady Materials. The court will address Mr. Shkreli's Motion to Compel Production of Documents in a separate order. Ordered by Judge Kiyo A. Matsumoto on 5/16/2017. (Tata, Vivek) (Entered: 05/16/2017)
05/16/2017 221 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on May 12, 2017, before Judge matusmoto. Court Reporter/Transcriber Rivka Teich, Telephone number 718-613-2268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017. (Teich, Rivka) (Entered: 05/16/2017)
05/15/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto. Appearances: Jacquelyn Kasulis, Esq., Alixandra Smith, Esq., and Girish Karthik Srinivasan, Esq., for the government; Reed Brodsky, Esq. and Lisa Rubin, Esq., for defendant Evan Greebel. Court Reporter: Angela Grant. The court heard arguments on Mr. Greebel's 177 Motion to Strike Surplusage and Motion to Dismiss Count Eight of the Superseding Indictment, and will issue a decision at a later time. (Tata, Vivek) (Entered: 05/15/2017)
05/12/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto. Appearances: William Schwartz, Esq., Nicholas Flath, Esq., and Ian Shapiro, Esq., for non-party Retrophin Inc.; Marc Agnifilo, Esq. and Andrea Zellan, Esq. for defendant Martin Shkreli; Alixandra Eleis Smith, Esq., for the government. The court heard arguments on Martin Shkreli's 174 Motion to Compel Production of Documents. The court modifies its order of May 11, 2017, as follows: by May 19, 2017, Retrophin shall provide a revised privilege log and documents for in camera review by the court, as described in the May 11, 2017 order. As agreed by the parties, in its review, Retrophin shall prioritize the documents which Mr. Shkreli has not previously reviewed, and shall provide an updated set of descriptions and privilege log to Mr. Shkreli for those documents by May 17, 2017. It shall provide Mr. Shkreli with the revised privilege log by May 19, 2017. By May 26, 2017, Mr. Shkreli shall provide the court with a specific explanation of the relevance of any privileged document he seeks to admit at trial to his anticipated defenses, and the constitutional basis for breaching Retrophin's asserted privilege. The government and counsel for Mr. Shkreli shall confer regarding Mr. Shkreli's request to review the grand jury subpoenas issued to Retrophin and described in the government's 220 May 8, 2017 letter to the court, and, if necessary, shall by May 19, 2017 provide the court with a proposed protective order enabling Mr. Shkreli to review the subpoenas. (Court reporter: Rivka Teich.) (Tata, Vivek) (Entered: 05/12/2017)
05/11/2017 ORDER as to non-party Retrophin, Inc. The court has reviewed considerable portions of Retrophin's 210 submission of documents over which Retrophin claims an attorney-client privilege. The court has identified multiple examples of duplicate submissions (e.g. BA_0009582, BA_0033286, BA_0008857, BA_0029458; KAT_R_0005380, KAT_R_0007831), as well as incorrect and inconsistent redactions or withholdings (e.g. BA_0047873; BA_0008930; compare BA_0008857, BA_0032423), and orders that Retrophin shall, by May 17, 2017, resubmit the set of documents over which it claims a privilege. In its revised submission, Retrophin is directed to: (i) identify by Bates number all duplicates, including multiple stages or variants of the same email correspondence; (ii) provide a single example of each duplicate for the court's review; (iii) on a revised privilege log, aggregate and list all Bates numbers of duplicate documents in a single entry of the privilege log; and (iv) ensure that it withholds or redacts in a consistent manner. Retrophin shall also review the documents claimed to be privileged to ensure that it is redacting or withholding only "communications...for the purpose of obtaining or providing legal advice." See United States v. Mejia, 655 F.3d 126, 132 (2d Cir. 2011). For any communication where the purpose of the redaction or withholding is not self-evident, Retrophin must submit, ex parte, a brief justification for asserting the attorney-client privilege. Ordered by Judge Kiyo A. Matsumoto on 5/11/2017. (Tata, Vivek) (Entered: 05/11/2017)
05/08/2017 ORDER as to Evan Greebel's 219 letter requesting permission not to attend oral argument. Neither Mr. Greebel nor his counsel are required to attend the May 12, 2017 oral argument. The court will address Mr. Greebel's request to "receive copies of any and all documents that Retrophin has produced and/or will be ordered to produce" at a later time. Ordered by Judge Kiyo A. Matsumoto on 5/8/2017. (Tata, Vivek) (Entered: 05/08/2017)
05/08/2017 220 Letter attaching subpoena requests served on Retrophin and addressing statements of defendant Shkreli in connection with his motion to suppress (Dkt. No. 174) as to Martin Shkreli (Attachments: # 1 Exhibit A) (Smith, Alixandra) (Entered: 05/08/2017)
05/05/2017 219 Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re permission not to attend oral argument as to Evan Greebel (Brodsky, Reed) (Entered: 05/05/2017)
05/04/2017 218 MEMORANDUM in Opposition re 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents , submitted on behalf of nonparty Retrophin, Inc. (Attachments: # 1 Declaration of Nicholas Flath, # 2 Exhibit A) (Schwartz, William) (Entered: 05/04/2017)
05/04/2017 217 ORDER. The court so-orders non-party Retrophin, Inc.'s proposed order regarding the exchange of 32 documents specified in Attachment 3 to its 210 letter to the court. Ordered by Judge Kiyo A. Matsumoto on 5/4/2017. (Tata, Vivek) (Entered: 05/04/2017)
04/27/2017 ORDER as to 216 Letter on behalf of non-party Retrophin. Retrophin may submit a reply brief by May 4, 2017 to address the additional argument made in Martin Shkreli's 211 Memorandum in Support of his motion. In its brief, Retrophin shall identify which, if any, documents in the privilege log submitted on April 26, 2017 have been disclosed to the government or any individual or entity other than Retrophin personnel or Retrophin counsel. For any such document, Retrophin shall also provide a brief description of the circumstances and conditions under which it was disclosed (e.g. grand jury subpoena, confidentiality agreement, etc.) Oral arguments on this motion will be held on May 12, 2017 at 10:00a.m. Ordered by Judge Kiyo A. Matsumoto on 4/27/2017. (Tata, Vivek) (Entered: 04/27/2017)
04/27/2017 216 Letter on behalf of non-party Retrophin, Inc. and in response to Mr. Shkrelis Memorandum of Law in Further Support of his motion to compel (ECF No. 211) as to Martin Shkreli, Evan Greebel (Schwartz, William) (Entered: 04/27/2017)
04/27/2017 215 ORDER as to Evan Greebel granting 214 Letter. ORDER TO CONTINUE - Ends of Justice as to Evan Greebel Time excluded from 6/26/17 until 10/16/17.Ordered by Judge Kiyo A. Matsumoto on 4/27/2017. (Williams-Jackson, Sandra) (Entered: 04/27/2017)
04/27/2017 214 Letter filed jointly by the parties seeking the exclusion of time pursuant to the Speedy Trial Act until October 16, 2017 as to Evan Greebel (Smith, Alixandra) (Entered: 04/27/2017)
04/27/2017 213 SCHEDULING ORDER as to Evan Greebel. The parties shall adhere to the attached amended pre-trial scheduling order. Ordered by Judge Kiyo A. Matsumoto on 4/27/2017. (Tata, Vivek) (Entered: 04/27/2017)
04/26/2017 212 Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re Mr. Shkreli's motion to compel additional documents from Retrophin, Inc. as to Evan Greebel (Brodsky, Reed) (Entered: 04/26/2017)
04/26/2017 211 MEMORANDUM in Support re 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents submitted pursuant to this Court's April 19, 2017 Order (Attachments: # 1 Exhibit 1, # 2Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Brafman, Benjamin) (Entered: 04/26/2017)
04/26/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Conference and oral argument held on April 26, 2017 re Martin Shkreli's 174 Motion to Suppress and Motion for Prompt Production of Brady Materials. AUSAs Jacquelyn Kasulis, Alixandra Smith, and Girish Karthik Srinivasan appeared for the government; Benjamin Brafman, Marc A. Agnifilo, and Andrea Zellan appeared for Mr. Shkreli. Court Reporter: Richard Barry. Arguments heard on Mr. Shkreli's motions. The court has taken the arguments under advisement and will issue a decision at a later time. (Tata, Vivek) (Entered: 04/26/2017)
04/26/2017 210 Letter on behalf of non-party Retrophin, Inc. and in compliance with the Court's April 19, 2017 order concerning Mr. Shkreli's motion to compel as to Martin Shkreli, Evan Greebel (Attachments: # 1 Exhibit Privilege Log Redacted, # 2 Exhibit List of Persons Named on Privilege Log Redacted, # 3 Proposed Order Proposed 502D Order) (Schwartz, William) (Entered: 04/26/2017)
04/24/2017 ORDER granting Evan Greebel's 208 request to postpone oral argument on his 177 Motion to Strike Surplusage and Motion to Dismiss Count Eight of the Superseding Indictment. The court will hear oral argument on these motions on May 15, 2017 at 2:00 p.m. The conference and oral argument on 174 Martin Shkreli's Motion to Suppress and Motion for Prompt Production of Brady Materials will be held on April 26, 2017 at 2:00 pm as previously scheduled. Mr. Greebel is not required to attend the April 26, 2017 oral argument, but may attend if he wishes. Ordered by Judge Kiyo A. Matsumoto on April 24, 2017. (Tata, Vivek) (Entered: 04/24/2017)
04/21/2017 209 Letter pursuant to Paragraph 3 of the Court's January 13, 2017 Amended Criminal Pretrial Scheduling Order (Dkt. 147) (the Amended Scheduling Order) and the April 20, 2017 Order re preliminary pre-trial submissions as to Evan Greebel (Attachments: # 1Proposed Verdict Form, # 2 Proposed Voir Dire, # 3 Proposed Requests to Charge) (Brodsky, Reed) (Entered: 04/21/2017)
04/21/2017 208 Letter MOTION for Hearing / Request to postpone the oral argument by Evan Greebel. (Brodsky, Reed) (Entered: 04/21/2017)
04/21/2017 207 Letter Attaching Government's Disclosures Pursuant to the Court's January 13, 2017 Pretrial Order as to Martin Shkreli, Evan Greebel (Attachments: # 1 Exhibit B1 (Government's Voir Dire Requests for Shkreli), # 2 Exhibit B2 (Government's Voir Dire Requests for Greebel), # 3 Exhibit C1 (Government's Requests to Charge for Shkreli), # 4 Exhibit C2 (Government's Requests to Charge for Greebel), # 5 Exhibit D1 (Government's Proposed Verdict Sheet for Shkreli), # 6 Exhibit D2 (Government's Proposed Verdict Sheet for Shkreli), # 7 Exhibit E (Government's Preliminary Exhibit List)) (Smith, Alixandra) (Entered: 04/21/2017)
04/21/2017 206 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli, Evan Greebel held on April 7, 2017, before Judge Matsumoto. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: hdrisc@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/12/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/20/2017. (Driscoll, Holly) (Entered: 04/21/2017)
04/21/2017 205 WITNESS LIST by Martin Shkreli (Attachments: # 1 Supplement List of Names and Businesses) (Brafman, Benjamin) (Entered: 04/21/2017)
04/21/2017 204 Proposed Voir Dire by Martin Shkreli (Brafman, Benjamin) (Entered: 04/21/2017)
04/21/2017 203 Proposed Jury Instructions by Martin Shkreli (Brafman, Benjamin) (Entered: 04/21/2017)
04/21/2017 202 EXHIBIT LIST by Martin Shkreli (Brafman, Benjamin) (Entered: 04/21/2017)
04/21/2017 201 Letter Regarding Pretrial Submissions as to Martin Shkreli (Brafman, Benjamin) (Entered: 04/21/2017)
04/20/2017 ORDER. All parties and counsel shall appear on April 26, 2017 at 2:00p.m. for a status conference and oral argument on the following pending motions: Evan Greebel's 177 Motions to Strike Surplusage and to Dismiss Count Eight of the Superseding Indictment, and Martin Shkreli's 174 Motion to Suppress and Motion for Prompt Production of Brady Materials. Mr. Shkreli's Motion to Compel will be addressed separately, following the schedule set forth in the court's April 19, 2017 Order. Ordered by Judge Kiyo A. Matsumoto on April 20, 2017. (Tata, Vivek) . (Entered: 04/20/2017)
04/20/2017 ORDER as to Martin Shkreli, Evan Greebel re 1/13/17 ORDER 147 and 4/19/17 Order on Motion to Sever Trials of Defendants 198 : As previously ordered on 1/13/17, and in the Memorandum and Order dated 4/19/17 granting defendants' motion to sever their trials, all parties are expected to exchange and file via ECF the items specified in Paragraph 3 of the 1/13/17 Order by April 21, 2017. Ordered by Judge Kiyo A. Matsumoto on 4/20/2017. (Matsumoto, Kiyo) (Entered: 04/20/2017)
04/20/2017 200 Letter re Rule 16 Discovery (Corrected Version of Letter filed as Dkt No. 199) as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 04/20/2017)
04/20/2017 199 Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 04/20/2017)
04/19/2017 ORDER granting 196 Motion to Travel as to Martin Shkreli (1). Mr. Shkreli shall provide his itinerary to his Pre-trial Services officer and report to Pre-trial Services after returning from his trip. Ordered by Judge Kiyo A. Matsumoto on 4/19/2017. (Williams-Jackson, Sandra) (Entered: 04/19/2017)
04/19/2017 198 ORDER. For the reasons stated in the attached Memorandum and Order, the court GRANTS 161 Motion to Sever Defendant as to Martin Shkreli and GRANTS 158 Motion to Sever Defendant as to Evan Greebel. The parties shall adhere to the amended pre-trial scheduling order. The court will issue a trial date for Mr. Greebel in a subsequent order. Ordered by Judge Kiyo A. Matsumoto on April 19, 2017. (Tata, Vivek) (Entered: 04/19/2017)
04/19/2017 197 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli, Evan Greebel held on January 26, 2017, before Judge Matsumoto. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/10/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/18/2017. (Heading, Charleane) (Entered: 04/19/2017)
04/19/2017 ORDER as to 194 Letter on behalf of non-party Retrophin Inc. ORDERED that by April 26, 2017 Retrophin provide, for in-camera review, copies of documents in dispute. Retrophin shall separately file a privilege log based on the log provided by counsel for Martin Shkreli as Exhibit 5 to his 174 Motion to Compel Production of Documents, including the same color-coding but updated as necessary to reflect the waiver of privilege over the documents identified in Exhibit D to counsel for Retrophin's 188 Affidavit in Opposition. Retrophin shall also identify attorneys named in the documents by firm affiliation and client, and shall identify any other individuals named in the documents by affiliation and title. Also by April 26, 2017, all parties shall submit any additional basis for withholding documents for privilege or for seeking release of the documents. The court notes that in its 187 Memorandum of Law in Opposition, Retrophin has requested oral argument in this matter. If Retrophin or any party would like oral argument on this issue, they shall confer with all parties and shall advise the court via ECF, by April 28, 2017, of a date and time when all parties are available. Ordered by Judge Kiyo A. Matsumoto on April 19, 2017. (Tata, Vivek) (Entered: 04/19/2017)
04/19/2017 196 MOTION to Travel by Martin Shkreli. (Brafman, Benjamin) (Entered: 04/19/2017)
04/19/2017 195 STIPULATION and ORDER. The court so-orders the Stipulation and Order regarding the exchange of commercially sensitive documents filed by non-party Retrophin as Exhibit A to its letter to the court 191 . Ordered by Judge Kiyo A. Matsumoto on April 19, 2017. (Tata, Vivek) (Entered: 04/19/2017)
04/18/2017 194 Letter to the court on behalf of non-party Retrophin Inc. and in response to Mr.Shkreli's Reply Memorandum of Law in support of his motion to compel (ECF No.192) as to Martin Shkreli, Evan Greebel (Flath, Nicholas) (Entered: 04/18/2017)
04/17/2017 193 REPLY TO RESPONSE to Motion re 177 MOTION to Strike Surplusage MOTION to Dismiss Count Eight of the Superseding Indictment / MR. GREEBEL'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF HIS MOTION TO STRIKE SURPLUSAGE AND TO DISMISS COUNT EIGHT OF THE SUPERSEDING INDICTMENT (Brodsky, Reed) (Entered: 04/17/2017)
04/17/2017 192 REPLY TO RESPONSE to Motion re 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Agnifilo, Marc) (Entered: 04/17/2017)
04/17/2017 ORDER granting as to Martin Shkreli, Evan Greebel. Doc 188 Exhibit 3 C has been replaced with email 190 . Ordered by Judge Kiyo A. Matsumoto on 4/17/2017. (Williams-Jackson, Sandra) (Entered: 04/17/2017)
04/14/2017 ORDER terminating 180 Motion for Hearing as to Martin Shkreli (1). This motion was denied per previous docket entry. Ordered by Judge Kiyo A. Matsumoto on 4/14/2017. (Fletcher, Camille) (Entered: 04/14/2017)
04/14/2017 ORDER denying 176 Motion for Hearing as to Martin Shkreli. The government's request for a FRE Rule 104 hearing is denied without prejudice. The parties shall meet and confer in good faith prior to bringing another motion for a FRE Rule 104 hearing. Ordered by Judge Kiyo A. Matsumoto on 4/14/2017. (Fletcher, Camille) (Entered: 04/14/2017)
04/14/2017 191 Letter on behalf of Retrophin Inc. with attached stipulation protecting Retrophin's commercially sensitive information as to Martin Shkreli, Evan Greebel (Attachments: # 1 Exhibit A-Stipulation & Proposed Order) (Flath, Nicholas) (Entered: 04/14/2017)
04/13/2017 190 Letter on behalf of Retrophin,Inc. requesting that the Court order the e-filing clerk to replace the public version of Exhibit C as to Martin Shkreli, Evan Greebel (Attachments: # 1 Exhibit C-Redacted Exhibit C) (Flath, Nicholas) (Entered: 04/13/2017)
04/10/2017 189 RESPONSE in Opposition re 177 MOTION to Strike Surplusage MOTION to Dismiss Count Eight of the Superseding Indictment, 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Smith, Alixandra) (Entered: 04/10/2017)
04/10/2017 188 AFFIDAVIT in Opposition re 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Attachments: # 1 Exhibit A- Order, # 2 Exhibit B-Transcript dated 11/14/16, # 3 Exhibit C- Email from Andrea Zellan, # 4 Exhibit D-Email from Nicholas Flath, # 5 Exhibit E-Email from Nicholas Flath, # 6 Exhibit F-Bates Numbers of Documents Identified in March 31, 2017 Email.) (Flath, Nicholas) (Attachment 3 replaced on 4/17/2017) (Williams-Jackson, Sandra). (Entered: 04/10/2017)
04/10/2017 187 MEMORANDUM in Opposition re 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Flath, Nicholas) (Entered: 04/10/2017)
04/07/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Motion Hearing as to Martin Shkreli, Evan Greebel held on April 7, 2017 re 180 MOTION for Hearing Pursuant to FRE 104 filed by USA, 158 MOTION to Sever Defendant Evan Greebel's filed by Evan Greebel, 161 MOTION to Sever Defendant Evan Greebel by Martin Shkreli. AUSAs Winston M. Paes, Jacquelyn Kasulis, Alixandra Smith and Girish Karthik Srinivasan appeared for the government; Benjamin Brafman, Marc A. Agnifilo and Andrea Zellan appeared for Martin Shkreli; Reed Brodsky, Winston Chan and Lisa Rubin appeared for Evan Greebel. Court Reporter: Holly Driscoll. Arguments heard on the government's motion for a FRE 104 hearing on Mr. Shkreli's advice of counsel defense and on the defendants' motion to sever. The court has taken the arguments under advisement and will issue a decision at a later time. (Fletcher, Camille) (Entered: 04/07/2017)
04/07/2017 186 NOTICE OF ATTORNEY APPEARANCE: Jacob Kaplan appearing for Martin Shkreli (Kaplan, Jacob) (Entered: 04/07/2017)
04/07/2017 185 REPLY TO RESPONSE to Motion re 180 MOTION for Hearing Pursuant to FRE 104 (Smith, Alixandra) (Entered: 04/07/2017)
04/05/2017 184 RESPONSE in Opposition re 180 MOTION for Hearing Pursuant to FRE 104 (Brafman, Benjamin) (Entered: 04/05/2017)
04/05/2017 183 AFFIDAVIT/AFFIRMATION by Evan Greebel as to Martin Shkreli, Evan Greebel 180 MOTION for Hearing Pursuant to FRE 104 filed by USA (Brodsky, Reed) (Entered: 04/05/2017)
04/05/2017 182 RESPONSE to Motion re 180 MOTION for Hearing Pursuant to FRE 104 - MR. GREEBEL'S RESPONSE TO THE GOVERNMENT'S MOTION SEEKING A HEARING ON MR. SHKRELI'S ADVICE-OF-COUNSEL DEFENSE PURSUANT TO FEDERAL RULE OF EVIDENCE 104 (Brodsky, Reed) (Entered: 04/05/2017)
03/29/2017 181 Letter to the Hon. Kiyo Matsumoto from Andrea Zellan re Motion to Compel Retrophin as to Martin Shkreli (Zellan, Andrea) (Entered: 03/29/2017)
03/28/2017 180 MOTION for Hearing Pursuant to FRE 104 by USA as to Martin Shkreli. (Attachments: # 1 Exhibit A) (Smith, Alixandra) (Entered: 03/28/2017)
03/28/2017 ORDER granting withdrawal of 179 Letter as to Martin Shkreli, Evan Greebel. Counsel on behalf of the government shall refile the amended memorandum of Law. Ordered by Judge Kiyo A. Matsumoto on 3/28/2017. (Williams-Jackson, Sandra) (Entered: 03/28/2017)
03/28/2017 179 Letter seeking permission to file amended memorandum of law as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 03/28/2017)
03/28/2017 SCHEDULING ORDER as to Martin Shkreli, Evan Greebel. If defendants wish to submit a response to the government's motion for a preliminary hearing 176 , they shall do so no later than April 5, 2017 at 5:00 p.m. Ordered by Judge Kiyo A. Matsumoto on 3/28/2017. (Fletcher, Camille) (Entered: 03/28/2017)
03/28/2017 ORDER as to Martin Shkreli, Evan Greebel. The parties may be heard and may present evidence relevant to the government's motion for a preliminary hearing 176 pursuant to Fed. R. Crim. P. 104, which the court construes as pursuant to Fed. R. Evid. 104, on Mr. Shkreli's invocation of the advice of counsel defense on April 7, 2017 at noon. The oral arguments on defendants' severance motions will commence immediately after the hearing. The government shall file its reply papers to its motion for a preliminary hearing, if any, by April 6, 2017 at noon. Ordered by Judge Kiyo A. Matsumoto on 3/28/2017. (Fletcher, Camille) (Entered: 03/28/2017)
U.S. District Court
Eastern District of New York (Brooklyn)
CRIMINAL DOCKET FOR CASE #: 1:15-cr-00637-KAM All Defendants
Case title: USA v. Shkreli et al
Date Filed: 12/14/2015
Assigned to: Judge Kiyo A. Matsumoto
Defendant (1)
Martin Shkreli
represented by Marcus A. Asner
Arnold & Porter LLP
399 Park Avenue
New York, NY 10022
212-715-1000
Fax: 212-715-1399
Email: marcus.asner@aporter.com
TERMINATED: 02/02/2016
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Andrea L. Zellan
Brafman & Associates, P.C.
767 Third Avenue
26th Floor
New York, NY 10017
212-750-7800
Fax: 212-750-3906
Email: azellan@braflaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Baruch Weiss
Arnold & Porter LLP
601 Massachusetts Avneue, NW
Washington, DC 20001
202-942-5000
Fax: 202-942-5999
Email: baruch.weiss@aporter.com
TERMINATED: 02/02/2016
ATTORNEY TO BE NOTICED
Designation: Retained
Benjamin Brafman
Brafman & Ross, P.C.
767 Third Avenue
26th Floor
New York, NY 10017
(212) 750-7800
Fax: (212) 750-3906
Email: bbrafman@braflaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Marc A. Agnifilo
Brafman & Associates
767 Third Avenue
New York, NY 10017
212-750-7800
Fax: 212-750-3906
Email: magnifilo@braflaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts
Disposition
CONSPIRACY TO COMMIT FRAUD- MSMB CAPITAL SCHEME
(1)
18:371 and 3551 et seq.- Conspiracy to Commit Securities Fraud - MSMB Capital Scheme
(1s)
CONSPIRACY TO COMMIT WIRE FRAUD- MSMB CAPITAL SCHEME
(2)
18:1349 and and 3551 et seq.- Conspiracy to Commit Wire Fraud - MSMB Capital Scheme
(2s)
SECURITIES FRAUD- MSMB CAPITAL SCHEME
(3)
15:78j(b) and 78ff; 18:2 and 3551 et seq. - Securities Fraud - MSMB Capital Scheme
(3s)
CONSPIRACY TO COMMIT SECURITIES FRAUD- MSMB HEALTHCARE SCHEME
(4)
18:371 and 3551 et seq.- Conspiracy to Commit Securities Fraud - MSMB Healthcare Scheme
(4s)
CONSPIRACY TO COMMIT WIRE FRAUD- MSMB HEALTHCARE SCHEME
(5)
18:1349 and 3551 et seq.- Conspiracy to Commit Wire Fraud - MSMB Healthcare Scheme
(5s)
SECURITIES FRAUD- MSMB HEALTHCARE SCHEME
(6)
15:78j(b)and 78ff; 18:2 and 3551 et seq. - Securities Fraud - MSMB Healthcare Scheme)
(6s)
CONSPIRACY TO COMMIT WIRE FRAUD- RETROPHIN SCHEME
(7)
18:1349 and 3551 et seq.- Conspiracy to Commit Wire Fraud - Retrophin Scheme
(7s)
18:371 and 3551 et seq. - Conspiracy to Commit Securities Fraud - Retrophin Unrestricted Securities Scheme
(8s)
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
None
Highest Offense Level (Terminated)
None
Complaints
Disposition
None
Assigned to: Judge Kiyo A. Matsumoto
Defendant (2)
Evan Greebel
represented by Joel M. Cohen
Gibson Dunn & Crutcher LLP
200 Park Avenue
47th Floor
New York, NY 10166
212-351-4000
Fax: 212-351-4035
Email: jcohen@gibsondunn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Benjamin Sean Fischer
Morvillo, Abramowitz, Grand, Iason, et al
565 5th Avenue
New York, NY 10017
212-880-9585
Fax: 212-856-9494
Email: bfischer@maglaw.com
TERMINATED: 03/11/2016
ATTORNEY TO BE NOTICED
Designation: Retained
Jonathan S. Sack
Morvillo, Abramowitz, Grand Iason & Anello P.C.
565 Fifth Avenue
New York, NY 10017
212-856-9600
Fax: 212-856-9494
Email: jsack@maglaw.com
TERMINATED: 03/11/2016
ATTORNEY TO BE NOTICED
Designation: Retained
Lisa Heather Rubin
Gibson, Dunn & Crutcher LLP
200 Park Avenue
New York, NY 10166
212-351-4000
Fax: 212-351-4035
Email: lrubin@gibsondunn.com
ATTORNEY TO BE NOTICED
Designation: Retained
Reed M. Brodsky
Gibson, Dunn & Crutcher LLP
200 Park Avenue
New York, NY 10166
212-351-4000
Fax: 212-351-4035
Email: rbrodsky@gibsondunn.com
ATTORNEY TO BE NOTICED
Designation: Retained
Winston Y. Chan
Gibson, Dunn & Crutcher LLP
555 Mission Street
Suite 3000
San Francisco, CA 94105
415-393-8200
Fax: 415-393-8306
Email: wchan@gibsondunn.com
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts
Disposition
CONSPIRACY TO COMMIT WIRE FRAUD- RETROPHIN SCHEME
(7)
18:1349 and 3551 et seq.- Conspiracy to Commit Wire Fraud - Retrophin Scheme
(7s)
18:371 and 3551 et seq. - Conspiracy to Commit Securities Fraud - Retrophin Unrestricted Securities Scheme
(8s)
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
None
Highest Offense Level (Terminated)
None
Complaints
Disposition
None
Plaintiff
USA
represented by Winston M. Paes
United States Attorneys Office
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6023
Fax: 718-254-7499
Email: winston.paes@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Government Attorney
Alixandra Eleis Smith
United States Attorney's Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6370
Fax: 718-254-6076
Email: alixandra.smith@usdoj.gov
ATTORNEY TO BE NOTICED
David K. Kessler
United States Attorney's Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-7202
Fax: 718-254-6076
Email: david.kessler@usdoj.gov
ATTORNEY TO BE NOTICED
Girish Karthik Srinivasan
U.S. Attorney's Office
Eastern District Of New York
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6013
Fax: 718-254-6076
Email: karthik.srinivasan@usdoj.gov
ATTORNEY TO BE NOTICED
Jacquelyn M. Kasulis
United States Attorneys Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6103
Fax: 718-254-6076
Email: jacquelyn.kasulis@usdoj.gov
ATTORNEY TO BE NOTICED
https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl
https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl
Defendant (1)
Martin Shkreli
Defendant (2)
Evan Greebel
Date Filed # Docket Text
06/22/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Conference as to Martin Shkreli held on 6/22/2017. AUSAs Jacquelyn Kasulis, Esq., Alixandra Smith, Esq., and G. Karthik Srinivasan, Esq. appeared for the government; Benjamin Brafman, Esq., Marc A. Agnifilo, Esq. and Andrea Zellan, Esq. appeared for Mr. Shkreli; Katherine Bolger, Esq. represented the EDNY press pool. The court heard argument from the parties and the press representative regarding 256 the EDNY press pool's request to have a pool reporter present at voir dire sidebars. The court will take these arguments under advisement and issue a decision at a later time. The court also heard the parties' discussion concerning 255 Mr. Shkreli's letter regarding trial subpoenas of defense witnesses. (Court Reporter: Victoria Torres-Butler) (Tata, Vivek) (Entered: 06/22/2017)
06/22/2017 256 Letter dtd 6/20/17 from EDNY Press pool as to Martin Shkreli. (Williams-Jackson, Sandra) (Entered: 06/22/2017)
06/22/2017 255 MOTION for Hearing on June 22, 2017 by Martin Shkreli. (Agnifilo, Marc) (Entered: 06/22/2017)
06/21/2017 SCHEDULING ORDER as to Martin Shkreli. The court will hold a conference on the EDNY press pool's request to attend voir dire of prospective jurors at sidebar, and on the 253 254 parties' responses to that request. The conference will take place at 2:00 p.m. on Thursday, June 22, 2017 in Courtroom 6C South. Ordered by Judge Kiyo A. Matsumoto on 6/21/2017. (Tata, Vivek) (Entered: 06/21/2017)
06/21/2017 254 Letter in response to request from EDNY press pool as to Martin Shkreli (Brafman, Benjamin) (Entered: 06/21/2017)
06/21/2017 253 Letter in response to request from EDNY press pool as to Martin Shkreli (Smith, Alixandra) (Entered: 06/21/2017)
06/21/2017 252 Letter re: press pool as to Martin Shkreli, Evan Greebel (Brodsky, Reed) (Entered: 06/21/2017)
06/21/2017 ORDER as to Martin Shkreli, Evan Greebel. The court has been advised that members of the Eastern District press pool have contacted the Eastern District Executive requesting, inter alia, that one pool reporter be permitted to attend individual voir dire of prospective jurors at sidebar, listen, and take notes. The court directs the parties to submit their views on this request by 5:30 p.m. today, 6/21/17. Ordered by Judge Kiyo A. Matsumoto on 6/21/2017. (Matsumoto, Kiyo) (Entered: 06/21/2017)
06/19/2017 Minute Entry for proceedings held on June 19, 2017 before Judge Kiyo A. Matsumoto: Pretrial Conference as to Martin Shkreli. AUSAs Jacquelyn Kasulis Esq., Alixandra Smith Esq., and Girish Karthik Srinivasan Esq. appeared for the government; Benjamin Brafman Esq., Marc A. Agnifilo Esq., Andrea Zellan Esq., and Jacob Kaplan Esq. appeared for Mr. Shkreli. The parties discussed Mr. Shkreli's 246 motion to modify conditions of release as well as preliminary and logistical matters relating to the trial, and the court heard oral argument on the parties' motions in limine. The parties have advised the court that they expect trial to last approximately five weeks; the parties are directed to promptly notify the court if their estimated time for trial changes. The court has taken the parties' arguments on their motions in limine under advisement and will issue a decision at a later date. The parties are advised that jury selection will begin at 9 a.m. on June 26, 2017, in the Ceremonial Courtroom on the Second Floor of the courthouse. Court reporter: Georgette Betts. (Tata, Vivek) (Entered: 06/19/2017)
06/16/2017 251 ORDER granting non-party Retrophin's 244 proposed 502(d) order. Ordered by Judge Kiyo A. Matsumoto on 6/16/2017. (Tata, Vivek) (Entered: 06/16/2017)
06/16/2017 250 Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 06/16/2017)
06/16/2017 249 Letter to Hon. Matsumoto regarding June 19, 2017 Status Conference as to Martin Shkreli (Brafman, Benjamin) (Entered: 06/16/2017)
06/15/2017 248 REPLY TO RESPONSE to Motion re 230 MOTION in Limine (in response to Shkreli's sur-reply, Dkt. No. 241) (Smith, Alixandra) (Entered: 06/15/2017)
06/15/2017 247 Letter Identifying Statements and Subjects for Oral Argument as to Martin Shkreli (Attachments: # 1 Exhibit 1 (Chart of Parties' Positions on Admissibility of Shkreli's Prior Statements)) (Smith, Alixandra) (Entered: 06/15/2017)
06/15/2017 246 MOTION to Modify Conditions of Release by Martin Shkreli. (Attachments: # 1 Proposed Order) (Brafman, Benjamin) (Entered: 06/15/2017)
06/13/2017 ORDER as to Martin Shkreli. The government has submitted 245 a letter requesting permission to file a response to Mr. Shkreli's 241 sur-reply memorandum on the government's motions in limine. The government may file a short letter brief by June 15, 2017, responding only to new legal arguments in Mr. Shkreli's 241 sur-reply. Ordered by Judge Kiyo A. Matsumoto on 6/13/2017. (Tata, Vivek) (Entered: 06/13/2017)
06/13/2017 245 Letter seeking permission to respond to new legal arguments in defendant Shkreli's sur-reply as to Martin Shkreli (Smith, Alixandra) (Entered: 06/13/2017)
06/13/2017 244 Letter on behalf of Retrophin, Inc. in response to Mr. Shkreli 's Counsel's letter dated June 11, 2017 as to Martin Shkreli, Evan Greebel (Attachments: # 1 Proposed Order Proposed 502 D Order) (Shapiro, Ian) (Entered: 06/13/2017)
06/13/2017 243 Letter Updating the Court as to June 11, 2017 Letter (Dkt. No. 238) as to Martin Shkreli (Zellan, Andrea) (Entered: 06/13/2017)
06/13/2017 242 ORDER as to 239 Scheduling Letter and 240 proposed stipulation as to Martin Shkreli. The court hereby orders the 240 proposed stipulation. With regard to the 239 Scheduling Letter, the court grants Mr. Shkreli's request to submit a sur-reply and grants his request for oral argument on the pending motions in limine. The court will hear oral argument on these motions during the pre-trial conference currently scheduled for June 19, 2017 at 10:30 am. By June 15, 2017, the parties shall submit a joint letter identifying the specific statements or subjects for which they will offer argument. Ordered by Judge Kiyo A. Matsumoto on 6/13/2017. (Tata, Vivek) (Entered: 06/13/2017)
06/12/2017 241 RESPONSE in Opposition re 230 MOTION in Limine and 237 Reply to Response to Motion (Agnifilo, Marc) (Entered: 06/12/2017)
06/12/2017 240 Letter attaching stipulation and proposed order governing Section 3500 Material as to Martin Shkreli (Attachments: # 1 Proposed Order) (Smith, Alixandra) (Entered: 06/12/2017)
06/12/2017 239 Letter Re: Scheduling as to Martin Shkreli (Brafman, Benjamin) (Entered: 06/12/2017)
06/11/2017 238 Letter to Hon. Matsumoto in response to the Court's June 10, 2017 Order as to Martin Shkreli (Attachments: # 1 Exhibit A) (Agnifilo, Marc) (Entered: 06/11/2017)
06/10/2017 ORDER finding as moot, absent clarification from Martin Shkreli 103 regarding his Motion to Compel production of Retrophin Documents.ORDER as to Martin Shkreli. In response to the court's orders regarding Mr. Shkreli's motion to compel production of non-party Retrophin documents, Retrophin, by letter dated May 19, 2017 [doc.225], reported that it has reviewed and revised its assertions of attorney-client privilege concerning particular communications reflected in Retrophin's documents. Retrophin's 5/19/17 letter advised that there are 50 unique documents over which it still asserts a privilege. Retrophin has proposed redactions for most of those 50 documents, and has indicated that it intends to withhold several others. By June 13, 2017, Mr. Shkreli shall specify which, if any, of Retrophin's privilege determinations he wishes the court to review, or the court will accept Retrophin's privilege determinations as final and deem Mr. Shkreli's motion to be moot. Moreover, because Mr. Shkreli has not availed himself of the opportunity by the court ordered deadlines, to provide the court with explanations regarding his need for, and the relevance of, documents claimed by Retrophin to be protected by the attorney-client privilege, the Court deems withdrawn Mr. Shkreli's prior arguments that he should be permitted to breach the privilege where it has properly been asserted. Ordered by Judge Kiyo A. Matsumoto on 6/10/2017. (Matsumoto, Kiyo) (Entered: 06/10/2017)
06/09/2017 237 REPLY TO RESPONSE to Motion re 230 MOTION in Limine (Srinivasan, Girish) (Entered: 06/09/2017)
06/09/2017 ORDER as to Martin Shkreli's 234 motion for an updated witness list. The parties are respectfully directed to update each other on a continuing basis as they finalize their witness lists. The government is also respectfully directed to inform Mr. Shkreli, by June 13, 2017, of the witnesses it plans to call during the first three days of its case-in-chief. The parties shall be prepared to exchange a updated and final witness list at or before the pretrial conference, currently scheduled for June 19, 2017. Ordered by Judge Kiyo A. Matsumoto on 6/9/2017. (Tata, Vivek) (Entered: 06/09/2017)
06/08/2017 236 Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 06/08/2017)
06/08/2017 235 RESPONSE in Opposition re 229 MOTION in Limine to Preclude Statements (Smith, Alixandra) (Entered: 06/08/2017)
06/07/2017 234 MEMORANDUM in Opposition re 230 MOTION in Limine (Agnifilo, Marc) (Entered: 06/07/2017)
06/03/2017 233 Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 06/03/2017)
06/02/2017 232 Letter to Judge Matsumoto re: Compliance With Scheduling Order as to Martin Shkreli (Zellan, Andrea) (Entered: 06/02/2017)
06/01/2017 SCHEDULING ORDER as to Martin Shkreli. As 228 proposed by the parties, responses to the motions in limine filed on June 1, 2017 shall be filed by June 7, 2017, and replies, if any, shall be filed by June 9, 2017. Ordered by Judge Kiyo A. Matsumoto on 6/1/2017. (Tata, Vivek) (Entered: 06/01/2017)
06/01/2017 231 ORDER granting 225 Proposed Order. So Ordered by Judge Kiyo A. Matsumoto on 5/26/2017. (Tavarez, Jennifer) (Entered: 06/01/2017)
05/31/2017 230 MOTION in Limine by USA as to Martin Shkreli. (Smith, Alixandra) (Entered: 05/31/2017)
05/31/2017 229 MOTION in Limine to Preclude Statements by Martin Shkreli. (Agnifilo, Marc) (Entered: 05/31/2017)
05/31/2017 228 Letter re Briefing Schedule for Motions in Limine as to Martin Shkreli (Smith, Alixandra) (Entered: 05/31/2017)
05/25/2017 ORDER granting Evan Greebel's 227 Motion to Travel. Mr. Greebel shall provide his itinerary to his Pre-trial Services officer and report to Pre-trial Services after returning from his trip. Ordered by Judge Kiyo A. Matsumoto on 5/25/2017. (Tata, Vivek) (Entered: 05/25/2017)
05/24/2017 227 MOTION to Travel by Evan Greebel. (Rubin, Lisa) (Entered: 05/24/2017)
05/21/2017 226 Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 05/21/2017)
05/19/2017 225 Letter on behalf of Retrophin, Inc. pursuant to the Court's May 11 and May 12 Orders as to Martin Shkreli, Evan Greebel (Attachments: # 1 Proposed Order Proposed 502(d) Order and Appendix A, # 2 Exhibit Redacted Privilege Logs) (Shapiro, Ian) (Entered: 05/19/2017)
05/19/2017 224 ORDER: It is hereby ORDERED pursuant to FRCP6(e)(3)(E)(i), that the government shall produce to the defendants, through their counsel, copies of all grand jury subpoenas served on Retrophin, Inc., in connection with the above case; and it is further ORDERED that the defendants and their counsel may not disseminate or disclose such subpoenas to any other person as to Martin Shkreli, Evan Greebel re 223 Letter. Ordered by Judge Kiyo A. Matsumoto on 5/19/2017. (Williams-Jackson, Sandra) (Entered: 05/19/2017)
05/19/2017 223 Letter Enclosing Proposed Disclosure Order as to Martin Shkreli, Evan Greebel (Attachments: # 1 Proposed Order) (Smith, Alixandra) (Entered: 05/19/2017)
05/16/2017 222 ORDER. For the reasons stated in the attached Memorandum and Order, the court denies Martin Shkreli's 174 Motion to Suppress and denies without prejudice his Motion for Prompt Production of Brady Materials. The court will address Mr. Shkreli's Motion to Compel Production of Documents in a separate order. Ordered by Judge Kiyo A. Matsumoto on 5/16/2017. (Tata, Vivek) (Entered: 05/16/2017)
05/16/2017 221 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on May 12, 2017, before Judge matusmoto. Court Reporter/Transcriber Rivka Teich, Telephone number 718-613-2268. Email address: rivkateich@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017. (Teich, Rivka) (Entered: 05/16/2017)
05/15/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto. Appearances: Jacquelyn Kasulis, Esq., Alixandra Smith, Esq., and Girish Karthik Srinivasan, Esq., for the government; Reed Brodsky, Esq. and Lisa Rubin, Esq., for defendant Evan Greebel. Court Reporter: Angela Grant. The court heard arguments on Mr. Greebel's 177 Motion to Strike Surplusage and Motion to Dismiss Count Eight of the Superseding Indictment, and will issue a decision at a later time. (Tata, Vivek) (Entered: 05/15/2017)
05/12/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto. Appearances: William Schwartz, Esq., Nicholas Flath, Esq., and Ian Shapiro, Esq., for non-party Retrophin Inc.; Marc Agnifilo, Esq. and Andrea Zellan, Esq. for defendant Martin Shkreli; Alixandra Eleis Smith, Esq., for the government. The court heard arguments on Martin Shkreli's 174 Motion to Compel Production of Documents. The court modifies its order of May 11, 2017, as follows: by May 19, 2017, Retrophin shall provide a revised privilege log and documents for in camera review by the court, as described in the May 11, 2017 order. As agreed by the parties, in its review, Retrophin shall prioritize the documents which Mr. Shkreli has not previously reviewed, and shall provide an updated set of descriptions and privilege log to Mr. Shkreli for those documents by May 17, 2017. It shall provide Mr. Shkreli with the revised privilege log by May 19, 2017. By May 26, 2017, Mr. Shkreli shall provide the court with a specific explanation of the relevance of any privileged document he seeks to admit at trial to his anticipated defenses, and the constitutional basis for breaching Retrophin's asserted privilege. The government and counsel for Mr. Shkreli shall confer regarding Mr. Shkreli's request to review the grand jury subpoenas issued to Retrophin and described in the government's 220 May 8, 2017 letter to the court, and, if necessary, shall by May 19, 2017 provide the court with a proposed protective order enabling Mr. Shkreli to review the subpoenas. (Court reporter: Rivka Teich.) (Tata, Vivek) (Entered: 05/12/2017)
05/11/2017 ORDER as to non-party Retrophin, Inc. The court has reviewed considerable portions of Retrophin's 210 submission of documents over which Retrophin claims an attorney-client privilege. The court has identified multiple examples of duplicate submissions (e.g. BA_0009582, BA_0033286, BA_0008857, BA_0029458; KAT_R_0005380, KAT_R_0007831), as well as incorrect and inconsistent redactions or withholdings (e.g. BA_0047873; BA_0008930; compare BA_0008857, BA_0032423), and orders that Retrophin shall, by May 17, 2017, resubmit the set of documents over which it claims a privilege. In its revised submission, Retrophin is directed to: (i) identify by Bates number all duplicates, including multiple stages or variants of the same email correspondence; (ii) provide a single example of each duplicate for the court's review; (iii) on a revised privilege log, aggregate and list all Bates numbers of duplicate documents in a single entry of the privilege log; and (iv) ensure that it withholds or redacts in a consistent manner. Retrophin shall also review the documents claimed to be privileged to ensure that it is redacting or withholding only "communications...for the purpose of obtaining or providing legal advice." See United States v. Mejia, 655 F.3d 126, 132 (2d Cir. 2011). For any communication where the purpose of the redaction or withholding is not self-evident, Retrophin must submit, ex parte, a brief justification for asserting the attorney-client privilege. Ordered by Judge Kiyo A. Matsumoto on 5/11/2017. (Tata, Vivek) (Entered: 05/11/2017)
05/08/2017 ORDER as to Evan Greebel's 219 letter requesting permission not to attend oral argument. Neither Mr. Greebel nor his counsel are required to attend the May 12, 2017 oral argument. The court will address Mr. Greebel's request to "receive copies of any and all documents that Retrophin has produced and/or will be ordered to produce" at a later time. Ordered by Judge Kiyo A. Matsumoto on 5/8/2017. (Tata, Vivek) (Entered: 05/08/2017)
05/08/2017 220 Letter attaching subpoena requests served on Retrophin and addressing statements of defendant Shkreli in connection with his motion to suppress (Dkt. No. 174) as to Martin Shkreli (Attachments: # 1 Exhibit A) (Smith, Alixandra) (Entered: 05/08/2017)
05/05/2017 219 Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re permission not to attend oral argument as to Evan Greebel (Brodsky, Reed) (Entered: 05/05/2017)
05/04/2017 218 MEMORANDUM in Opposition re 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents , submitted on behalf of nonparty Retrophin, Inc. (Attachments: # 1 Declaration of Nicholas Flath, # 2 Exhibit A) (Schwartz, William) (Entered: 05/04/2017)
05/04/2017 217 ORDER. The court so-orders non-party Retrophin, Inc.'s proposed order regarding the exchange of 32 documents specified in Attachment 3 to its 210 letter to the court. Ordered by Judge Kiyo A. Matsumoto on 5/4/2017. (Tata, Vivek) (Entered: 05/04/2017)
04/27/2017 ORDER as to 216 Letter on behalf of non-party Retrophin. Retrophin may submit a reply brief by May 4, 2017 to address the additional argument made in Martin Shkreli's 211 Memorandum in Support of his motion. In its brief, Retrophin shall identify which, if any, documents in the privilege log submitted on April 26, 2017 have been disclosed to the government or any individual or entity other than Retrophin personnel or Retrophin counsel. For any such document, Retrophin shall also provide a brief description of the circumstances and conditions under which it was disclosed (e.g. grand jury subpoena, confidentiality agreement, etc.) Oral arguments on this motion will be held on May 12, 2017 at 10:00a.m. Ordered by Judge Kiyo A. Matsumoto on 4/27/2017. (Tata, Vivek) (Entered: 04/27/2017)
04/27/2017 216 Letter on behalf of non-party Retrophin, Inc. and in response to Mr. Shkrelis Memorandum of Law in Further Support of his motion to compel (ECF No. 211) as to Martin Shkreli, Evan Greebel (Schwartz, William) (Entered: 04/27/2017)
04/27/2017 215 ORDER as to Evan Greebel granting 214 Letter. ORDER TO CONTINUE - Ends of Justice as to Evan Greebel Time excluded from 6/26/17 until 10/16/17.Ordered by Judge Kiyo A. Matsumoto on 4/27/2017. (Williams-Jackson, Sandra) (Entered: 04/27/2017)
04/27/2017 214 Letter filed jointly by the parties seeking the exclusion of time pursuant to the Speedy Trial Act until October 16, 2017 as to Evan Greebel (Smith, Alixandra) (Entered: 04/27/2017)
04/27/2017 213 SCHEDULING ORDER as to Evan Greebel. The parties shall adhere to the attached amended pre-trial scheduling order. Ordered by Judge Kiyo A. Matsumoto on 4/27/2017. (Tata, Vivek) (Entered: 04/27/2017)
04/26/2017 212 Letter to the Hon. Kiyo Matsumoto from Reed Brodsky re Mr. Shkreli's motion to compel additional documents from Retrophin, Inc. as to Evan Greebel (Brodsky, Reed) (Entered: 04/26/2017)
04/26/2017 211 MEMORANDUM in Support re 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents submitted pursuant to this Court's April 19, 2017 Order (Attachments: # 1 Exhibit 1, # 2Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Brafman, Benjamin) (Entered: 04/26/2017)
04/26/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Conference and oral argument held on April 26, 2017 re Martin Shkreli's 174 Motion to Suppress and Motion for Prompt Production of Brady Materials. AUSAs Jacquelyn Kasulis, Alixandra Smith, and Girish Karthik Srinivasan appeared for the government; Benjamin Brafman, Marc A. Agnifilo, and Andrea Zellan appeared for Mr. Shkreli. Court Reporter: Richard Barry. Arguments heard on Mr. Shkreli's motions. The court has taken the arguments under advisement and will issue a decision at a later time. (Tata, Vivek) (Entered: 04/26/2017)
04/26/2017 210 Letter on behalf of non-party Retrophin, Inc. and in compliance with the Court's April 19, 2017 order concerning Mr. Shkreli's motion to compel as to Martin Shkreli, Evan Greebel (Attachments: # 1 Exhibit Privilege Log Redacted, # 2 Exhibit List of Persons Named on Privilege Log Redacted, # 3 Proposed Order Proposed 502D Order) (Schwartz, William) (Entered: 04/26/2017)
04/24/2017 ORDER granting Evan Greebel's 208 request to postpone oral argument on his 177 Motion to Strike Surplusage and Motion to Dismiss Count Eight of the Superseding Indictment. The court will hear oral argument on these motions on May 15, 2017 at 2:00 p.m. The conference and oral argument on 174 Martin Shkreli's Motion to Suppress and Motion for Prompt Production of Brady Materials will be held on April 26, 2017 at 2:00 pm as previously scheduled. Mr. Greebel is not required to attend the April 26, 2017 oral argument, but may attend if he wishes. Ordered by Judge Kiyo A. Matsumoto on April 24, 2017. (Tata, Vivek) (Entered: 04/24/2017)
04/21/2017 209 Letter pursuant to Paragraph 3 of the Court's January 13, 2017 Amended Criminal Pretrial Scheduling Order (Dkt. 147) (the Amended Scheduling Order) and the April 20, 2017 Order re preliminary pre-trial submissions as to Evan Greebel (Attachments: # 1Proposed Verdict Form, # 2 Proposed Voir Dire, # 3 Proposed Requests to Charge) (Brodsky, Reed) (Entered: 04/21/2017)
04/21/2017 208 Letter MOTION for Hearing / Request to postpone the oral argument by Evan Greebel. (Brodsky, Reed) (Entered: 04/21/2017)
04/21/2017 207 Letter Attaching Government's Disclosures Pursuant to the Court's January 13, 2017 Pretrial Order as to Martin Shkreli, Evan Greebel (Attachments: # 1 Exhibit B1 (Government's Voir Dire Requests for Shkreli), # 2 Exhibit B2 (Government's Voir Dire Requests for Greebel), # 3 Exhibit C1 (Government's Requests to Charge for Shkreli), # 4 Exhibit C2 (Government's Requests to Charge for Greebel), # 5 Exhibit D1 (Government's Proposed Verdict Sheet for Shkreli), # 6 Exhibit D2 (Government's Proposed Verdict Sheet for Shkreli), # 7 Exhibit E (Government's Preliminary Exhibit List)) (Smith, Alixandra) (Entered: 04/21/2017)
04/21/2017 206 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli, Evan Greebel held on April 7, 2017, before Judge Matsumoto. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: hdrisc@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/12/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/20/2017. (Driscoll, Holly) (Entered: 04/21/2017)
04/21/2017 205 WITNESS LIST by Martin Shkreli (Attachments: # 1 Supplement List of Names and Businesses) (Brafman, Benjamin) (Entered: 04/21/2017)
04/21/2017 204 Proposed Voir Dire by Martin Shkreli (Brafman, Benjamin) (Entered: 04/21/2017)
04/21/2017 203 Proposed Jury Instructions by Martin Shkreli (Brafman, Benjamin) (Entered: 04/21/2017)
04/21/2017 202 EXHIBIT LIST by Martin Shkreli (Brafman, Benjamin) (Entered: 04/21/2017)
04/21/2017 201 Letter Regarding Pretrial Submissions as to Martin Shkreli (Brafman, Benjamin) (Entered: 04/21/2017)
04/20/2017 ORDER. All parties and counsel shall appear on April 26, 2017 at 2:00p.m. for a status conference and oral argument on the following pending motions: Evan Greebel's 177 Motions to Strike Surplusage and to Dismiss Count Eight of the Superseding Indictment, and Martin Shkreli's 174 Motion to Suppress and Motion for Prompt Production of Brady Materials. Mr. Shkreli's Motion to Compel will be addressed separately, following the schedule set forth in the court's April 19, 2017 Order. Ordered by Judge Kiyo A. Matsumoto on April 20, 2017. (Tata, Vivek) . (Entered: 04/20/2017)
04/20/2017 ORDER as to Martin Shkreli, Evan Greebel re 1/13/17 ORDER 147 and 4/19/17 Order on Motion to Sever Trials of Defendants 198 : As previously ordered on 1/13/17, and in the Memorandum and Order dated 4/19/17 granting defendants' motion to sever their trials, all parties are expected to exchange and file via ECF the items specified in Paragraph 3 of the 1/13/17 Order by April 21, 2017. Ordered by Judge Kiyo A. Matsumoto on 4/20/2017. (Matsumoto, Kiyo) (Entered: 04/20/2017)
04/20/2017 200 Letter re Rule 16 Discovery (Corrected Version of Letter filed as Dkt No. 199) as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 04/20/2017)
04/20/2017 199 Letter re Rule 16 Discovery as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 04/20/2017)
04/19/2017 ORDER granting 196 Motion to Travel as to Martin Shkreli (1). Mr. Shkreli shall provide his itinerary to his Pre-trial Services officer and report to Pre-trial Services after returning from his trip. Ordered by Judge Kiyo A. Matsumoto on 4/19/2017. (Williams-Jackson, Sandra) (Entered: 04/19/2017)
04/19/2017 198 ORDER. For the reasons stated in the attached Memorandum and Order, the court GRANTS 161 Motion to Sever Defendant as to Martin Shkreli and GRANTS 158 Motion to Sever Defendant as to Evan Greebel. The parties shall adhere to the amended pre-trial scheduling order. The court will issue a trial date for Mr. Greebel in a subsequent order. Ordered by Judge Kiyo A. Matsumoto on April 19, 2017. (Tata, Vivek) (Entered: 04/19/2017)
04/19/2017 197 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli, Evan Greebel held on January 26, 2017, before Judge Matsumoto. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/10/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/18/2017. (Heading, Charleane) (Entered: 04/19/2017)
04/19/2017 ORDER as to 194 Letter on behalf of non-party Retrophin Inc. ORDERED that by April 26, 2017 Retrophin provide, for in-camera review, copies of documents in dispute. Retrophin shall separately file a privilege log based on the log provided by counsel for Martin Shkreli as Exhibit 5 to his 174 Motion to Compel Production of Documents, including the same color-coding but updated as necessary to reflect the waiver of privilege over the documents identified in Exhibit D to counsel for Retrophin's 188 Affidavit in Opposition. Retrophin shall also identify attorneys named in the documents by firm affiliation and client, and shall identify any other individuals named in the documents by affiliation and title. Also by April 26, 2017, all parties shall submit any additional basis for withholding documents for privilege or for seeking release of the documents. The court notes that in its 187 Memorandum of Law in Opposition, Retrophin has requested oral argument in this matter. If Retrophin or any party would like oral argument on this issue, they shall confer with all parties and shall advise the court via ECF, by April 28, 2017, of a date and time when all parties are available. Ordered by Judge Kiyo A. Matsumoto on April 19, 2017. (Tata, Vivek) (Entered: 04/19/2017)
04/19/2017 196 MOTION to Travel by Martin Shkreli. (Brafman, Benjamin) (Entered: 04/19/2017)
04/19/2017 195 STIPULATION and ORDER. The court so-orders the Stipulation and Order regarding the exchange of commercially sensitive documents filed by non-party Retrophin as Exhibit A to its letter to the court 191 . Ordered by Judge Kiyo A. Matsumoto on April 19, 2017. (Tata, Vivek) (Entered: 04/19/2017)
04/18/2017 194 Letter to the court on behalf of non-party Retrophin Inc. and in response to Mr.Shkreli's Reply Memorandum of Law in support of his motion to compel (ECF No.192) as to Martin Shkreli, Evan Greebel (Flath, Nicholas) (Entered: 04/18/2017)
04/17/2017 193 REPLY TO RESPONSE to Motion re 177 MOTION to Strike Surplusage MOTION to Dismiss Count Eight of the Superseding Indictment / MR. GREEBEL'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF HIS MOTION TO STRIKE SURPLUSAGE AND TO DISMISS COUNT EIGHT OF THE SUPERSEDING INDICTMENT (Brodsky, Reed) (Entered: 04/17/2017)
04/17/2017 192 REPLY TO RESPONSE to Motion re 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Agnifilo, Marc) (Entered: 04/17/2017)
04/17/2017 ORDER granting as to Martin Shkreli, Evan Greebel. Doc 188 Exhibit 3 C has been replaced with email 190 . Ordered by Judge Kiyo A. Matsumoto on 4/17/2017. (Williams-Jackson, Sandra) (Entered: 04/17/2017)
04/14/2017 ORDER terminating 180 Motion for Hearing as to Martin Shkreli (1). This motion was denied per previous docket entry. Ordered by Judge Kiyo A. Matsumoto on 4/14/2017. (Fletcher, Camille) (Entered: 04/14/2017)
04/14/2017 ORDER denying 176 Motion for Hearing as to Martin Shkreli. The government's request for a FRE Rule 104 hearing is denied without prejudice. The parties shall meet and confer in good faith prior to bringing another motion for a FRE Rule 104 hearing. Ordered by Judge Kiyo A. Matsumoto on 4/14/2017. (Fletcher, Camille) (Entered: 04/14/2017)
04/14/2017 191 Letter on behalf of Retrophin Inc. with attached stipulation protecting Retrophin's commercially sensitive information as to Martin Shkreli, Evan Greebel (Attachments: # 1 Exhibit A-Stipulation & Proposed Order) (Flath, Nicholas) (Entered: 04/14/2017)
04/13/2017 190 Letter on behalf of Retrophin,Inc. requesting that the Court order the e-filing clerk to replace the public version of Exhibit C as to Martin Shkreli, Evan Greebel (Attachments: # 1 Exhibit C-Redacted Exhibit C) (Flath, Nicholas) (Entered: 04/13/2017)
04/10/2017 189 RESPONSE in Opposition re 177 MOTION to Strike Surplusage MOTION to Dismiss Count Eight of the Superseding Indictment, 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Smith, Alixandra) (Entered: 04/10/2017)
04/10/2017 188 AFFIDAVIT in Opposition re 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Attachments: # 1 Exhibit A- Order, # 2 Exhibit B-Transcript dated 11/14/16, # 3 Exhibit C- Email from Andrea Zellan, # 4 Exhibit D-Email from Nicholas Flath, # 5 Exhibit E-Email from Nicholas Flath, # 6 Exhibit F-Bates Numbers of Documents Identified in March 31, 2017 Email.) (Flath, Nicholas) (Attachment 3 replaced on 4/17/2017) (Williams-Jackson, Sandra). (Entered: 04/10/2017)
04/10/2017 187 MEMORANDUM in Opposition re 174 MOTION to Suppress , Motion for Prompt Production of Brady Materials, and Motion to Compel Production of Documents (Flath, Nicholas) (Entered: 04/10/2017)
04/07/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Motion Hearing as to Martin Shkreli, Evan Greebel held on April 7, 2017 re 180 MOTION for Hearing Pursuant to FRE 104 filed by USA, 158 MOTION to Sever Defendant Evan Greebel's filed by Evan Greebel, 161 MOTION to Sever Defendant Evan Greebel by Martin Shkreli. AUSAs Winston M. Paes, Jacquelyn Kasulis, Alixandra Smith and Girish Karthik Srinivasan appeared for the government; Benjamin Brafman, Marc A. Agnifilo and Andrea Zellan appeared for Martin Shkreli; Reed Brodsky, Winston Chan and Lisa Rubin appeared for Evan Greebel. Court Reporter: Holly Driscoll. Arguments heard on the government's motion for a FRE 104 hearing on Mr. Shkreli's advice of counsel defense and on the defendants' motion to sever. The court has taken the arguments under advisement and will issue a decision at a later time. (Fletcher, Camille) (Entered: 04/07/2017)
04/07/2017 186 NOTICE OF ATTORNEY APPEARANCE: Jacob Kaplan appearing for Martin Shkreli (Kaplan, Jacob) (Entered: 04/07/2017)
04/07/2017 185 REPLY TO RESPONSE to Motion re 180 MOTION for Hearing Pursuant to FRE 104 (Smith, Alixandra) (Entered: 04/07/2017)
04/05/2017 184 RESPONSE in Opposition re 180 MOTION for Hearing Pursuant to FRE 104 (Brafman, Benjamin) (Entered: 04/05/2017)
04/05/2017 183 AFFIDAVIT/AFFIRMATION by Evan Greebel as to Martin Shkreli, Evan Greebel 180 MOTION for Hearing Pursuant to FRE 104 filed by USA (Brodsky, Reed) (Entered: 04/05/2017)
04/05/2017 182 RESPONSE to Motion re 180 MOTION for Hearing Pursuant to FRE 104 - MR. GREEBEL'S RESPONSE TO THE GOVERNMENT'S MOTION SEEKING A HEARING ON MR. SHKRELI'S ADVICE-OF-COUNSEL DEFENSE PURSUANT TO FEDERAL RULE OF EVIDENCE 104 (Brodsky, Reed) (Entered: 04/05/2017)
03/29/2017 181 Letter to the Hon. Kiyo Matsumoto from Andrea Zellan re Motion to Compel Retrophin as to Martin Shkreli (Zellan, Andrea) (Entered: 03/29/2017)
03/28/2017 180 MOTION for Hearing Pursuant to FRE 104 by USA as to Martin Shkreli. (Attachments: # 1 Exhibit A) (Smith, Alixandra) (Entered: 03/28/2017)
03/28/2017 ORDER granting withdrawal of 179 Letter as to Martin Shkreli, Evan Greebel. Counsel on behalf of the government shall refile the amended memorandum of Law. Ordered by Judge Kiyo A. Matsumoto on 3/28/2017. (Williams-Jackson, Sandra) (Entered: 03/28/2017)
03/28/2017 179 Letter seeking permission to file amended memorandum of law as to Martin Shkreli, Evan Greebel (Smith, Alixandra) (Entered: 03/28/2017)
03/28/2017 SCHEDULING ORDER as to Martin Shkreli, Evan Greebel. If defendants wish to submit a response to the government's motion for a preliminary hearing 176 , they shall do so no later than April 5, 2017 at 5:00 p.m. Ordered by Judge Kiyo A. Matsumoto on 3/28/2017. (Fletcher, Camille) (Entered: 03/28/2017)
03/28/2017 ORDER as to Martin Shkreli, Evan Greebel. The parties may be heard and may present evidence relevant to the government's motion for a preliminary hearing 176 pursuant to Fed. R. Crim. P. 104, which the court construes as pursuant to Fed. R. Evid. 104, on Mr. Shkreli's invocation of the advice of counsel defense on April 7, 2017 at noon. The oral arguments on defendants' severance motions will commence immediately after the hearing. The government shall file its reply papers to its motion for a preliminary hearing, if any, by April 6, 2017 at noon. Ordered by Judge Kiyo A. Matsumoto on 3/28/2017. (Fletcher, Camille) (Entered: 03/28/2017)
U.S. District Court
Eastern District of New York (Brooklyn)
CRIMINAL DOCKET FOR CASE #: 1:15-cr-00637-KAM All Defendants
Case title: USA v. Shkreli et al
Date Filed: 12/14/2015
Assigned to: Judge Kiyo A. Matsumoto
Defendant (1)
Martin Shkreli
represented by Marcus A. Asner
Arnold & Porter LLP
399 Park Avenue
New York, NY 10022
212-715-1000
Fax: 212-715-1399
Email: marcus.asner@aporter.com
TERMINATED: 02/02/2016
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Andrea L. Zellan
Brafman & Associates, P.C.
767 Third Avenue
26th Floor
New York, NY 10017
212-750-7800
Fax: 212-750-3906
Email: azellan@braflaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Baruch Weiss
Arnold & Porter LLP
601 Massachusetts Avneue, NW
Washington, DC 20001
202-942-5000
Fax: 202-942-5999
Email: baruch.weiss@aporter.com
TERMINATED: 02/02/2016
ATTORNEY TO BE NOTICED
Designation: Retained
Benjamin Brafman
Brafman & Ross, P.C.
767 Third Avenue
26th Floor
New York, NY 10017
(212) 750-7800
Fax: (212) 750-3906
Email: bbrafman@braflaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Marc A. Agnifilo
Brafman & Associates
767 Third Avenue
New York, NY 10017
212-750-7800
Fax: 212-750-3906
Email: magnifilo@braflaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts
Disposition
CONSPIRACY TO COMMIT FRAUD- MSMB CAPITAL SCHEME
(1)
18:371 and 3551 et seq.- Conspiracy to Commit Securities Fraud - MSMB Capital Scheme
(1s)
CONSPIRACY TO COMMIT WIRE FRAUD- MSMB CAPITAL SCHEME
(2)
18:1349 and and 3551 et seq.- Conspiracy to Commit Wire Fraud - MSMB Capital Scheme
(2s)
SECURITIES FRAUD- MSMB CAPITAL SCHEME
(3)
15:78j(b) and 78ff; 18:2 and 3551 et seq. - Securities Fraud - MSMB Capital Scheme
(3s)
CONSPIRACY TO COMMIT SECURITIES FRAUD- MSMB HEALTHCARE SCHEME
(4)
18:371 and 3551 et seq.- Conspiracy to Commit Securities Fraud - MSMB Healthcare Scheme
(4s)
CONSPIRACY TO COMMIT WIRE FRAUD- MSMB HEALTHCARE SCHEME
(5)
18:1349 and 3551 et seq.- Conspiracy to Commit Wire Fraud - MSMB Healthcare Scheme
(5s)
SECURITIES FRAUD- MSMB HEALTHCARE SCHEME
(6)
15:78j(b)and 78ff; 18:2 and 3551 et seq. - Securities Fraud - MSMB Healthcare Scheme)
(6s)
CONSPIRACY TO COMMIT WIRE FRAUD- RETROPHIN SCHEME
(7)
18:1349 and 3551 et seq.- Conspiracy to Commit Wire Fraud - Retrophin Scheme
(7s)
18:371 and 3551 et seq. - Conspiracy to Commit Securities Fraud - Retrophin Unrestricted Securities Scheme
(8s)
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
None
Highest Offense Level (Terminated)
None
Complaints
Disposition
None
Assigned to: Judge Kiyo A. Matsumoto
Defendant (2)
Evan Greebel
represented by Joel M. Cohen
Gibson Dunn & Crutcher LLP
200 Park Avenue
47th Floor
New York, NY 10166
212-351-4000
Fax: 212-351-4035
Email: jcohen@gibsondunn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Benjamin Sean Fischer
Morvillo, Abramowitz, Grand, Iason, et al
565 5th Avenue
New York, NY 10017
212-880-9585
Fax: 212-856-9494
Email: bfischer@maglaw.com
TERMINATED: 03/11/2016
ATTORNEY TO BE NOTICED
Designation: Retained
Jonathan S. Sack
Morvillo, Abramowitz, Grand Iason & Anello P.C.
565 Fifth Avenue
New York, NY 10017
212-856-9600
Fax: 212-856-9494
Email: jsack@maglaw.com
TERMINATED: 03/11/2016
ATTORNEY TO BE NOTICED
Designation: Retained
Lisa Heather Rubin
Gibson, Dunn & Crutcher LLP
200 Park Avenue
New York, NY 10166
212-351-4000
Fax: 212-351-4035
Email: lrubin@gibsondunn.com
ATTORNEY TO BE NOTICED
Designation: Retained
Reed M. Brodsky
Gibson, Dunn & Crutcher LLP
200 Park Avenue
New York, NY 10166
212-351-4000
Fax: 212-351-4035
Email: rbrodsky@gibsondunn.com
ATTORNEY TO BE NOTICED
Designation: Retained
Winston Y. Chan
Gibson, Dunn & Crutcher LLP
555 Mission Street
Suite 3000
San Francisco, CA 94105
415-393-8200
Fax: 415-393-8306
Email: wchan@gibsondunn.com
ATTORNEY TO BE NOTICED
Designation: Retained
Pending Counts
Disposition
CONSPIRACY TO COMMIT WIRE FRAUD- RETROPHIN SCHEME
(7)
18:1349 and 3551 et seq.- Conspiracy to Commit Wire Fraud - Retrophin Scheme
(7s)
18:371 and 3551 et seq. - Conspiracy to Commit Securities Fraud - Retrophin Unrestricted Securities Scheme
(8s)
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
None
Highest Offense Level (Terminated)
None
Complaints
Disposition
None
Plaintiff
USA
represented by Winston M. Paes
United States Attorneys Office
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6023
Fax: 718-254-7499
Email: winston.paes@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Government Attorney
Alixandra Eleis Smith
United States Attorney's Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6370
Fax: 718-254-6076
Email: alixandra.smith@usdoj.gov
ATTORNEY TO BE NOTICED
David K. Kessler
United States Attorney's Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-7202
Fax: 718-254-6076
Email: david.kessler@usdoj.gov
ATTORNEY TO BE NOTICED
Girish Karthik Srinivasan
U.S. Attorney's Office
Eastern District Of New York
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6013
Fax: 718-254-6076
Email: karthik.srinivasan@usdoj.gov
ATTORNEY TO BE NOTICED
Jacquelyn M. Kasulis
United States Attorneys Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6103
Fax: 718-254-6076
Email: jacquelyn.kasulis@usdoj.gov
ATTORNEY TO BE NOTICED
https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl
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