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Pacer update 26 Jul 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

07/26/2017 287 ORDER as to Martin Shkreli : That the Court compensate the eighteen (17) empaneled jurors in the above captioned case for their availability on July 26, 2017, at the daily juror fee rate of $50. Ordered by Judge Kiyo A. Matsumoto on 7/25/2017. (Williams-Jackson, Sandra) (Entered: 07/26/2017)

07/25/2017 286 Proposed Jury Instructions and Verdict Sheet (Court Exs. 1 &1A). Counsel should be prepared to support any objections to the proposed instructions at the charging conference with legal authority. Ordered by Judge Kiyo A. Matsumoto on 7/25/2017. (Tata, Vivek) (Entered: 07/25/2017)

07/25/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/25/2017. 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., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Jury trial to be continued on 7/27/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter David Roy.) (Williams-Jackson, Sandra) (Entered: 07/25/2017)

07/24/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/24/2017. 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., Jacob Kaplan Esq., and Teny Rose Geragos Esq. appeared with Mr. Shkreli. Case called. All jurors were present. Witnesses sworn and testified. Exhibits marked and entered. Juor # 14 was discharge for the reasons that were stated on the record. Jury trial to be continued on 7/25/17 at 9:00a.m. in Courtroom 6C South before Judge Kiyo A. Matsumoto. (Court Reporter David Roy.) (Williams-Jackson, Sandra) (Entered: 07/24/2017)

07/24/2017 285 NOTICE OF ATTORNEY APPEARANCE: Randy M. Mastro appearing for Evan Greebel (Mastro, Randy) (Entered: 07/24/2017)

07/23/2017 284 Letter in further response to the Government's Letter re Jury Instruction (Dkt. No. 280) as to Martin Shkreli (Agnifilo, Marc) (Entered: 07/23/2017)

07/22/2017 283 Letter response to the Government's Letter re Jury Instructions (Dkt. No. 280) as to Martin Shkreli (Agnifilo, Marc) (Entered: 07/22/2017)

07/22/2017 282 Letter in Further Support of Government's Letter re Admissibility of Settlement Agreements (Dkt. Nos. 277, 279) as to Martin Shkreli (Srinivasan, Girish) (Entered: 07/22/2017)

07/22/2017 281 Letter re Jury Instructions as to Martin Shkreli (Agnifilo, Marc) (Entered: 07/22/2017)

07/22/2017 280 Letter re Jury Instructions as to Martin Shkreli (Srinivasan, Girish) (Entered: 07/22/2017)

07/22/2017 279 Letter in response to the Government's Letter re Admissibility of Settlement Agreements as to Martin Shkreli (Zellan, Andrea) (Entered: 07/22/2017)

07/22/2017 278 Letter re Defendant's Objections (Dkt. No. 276) as to Martin Shkreli (Srinivasan, Girish) (Entered: 07/22/2017)

07/21/2017 277 Letter re Admissibility of Settlement Agreements as to Martin Shkreli (Smith, Alixandra) (Entered: 07/21/2017)

07/21/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/21/2017. After the jury was excused for the day, the court heard the parties' additional arguments regarding the following legal issues: (1) Defendant's objections to the government's proposed exhibits regarding emails: the court ordered that defendant provide the legal bases for any objections by the afternoon of 7/21, and the government respond by 9:00 a.m. on 7/22/17. If offered as a co-conspirator statement, the government shall cite to evidence that a recipient or sender of an email is a co-conspirator. (2) The government has requested leave to submit additional briefing for the admission of the settlement agreements of two MSMB Healthcare investors (SS and ML), and shall do so by the evening of 7/21/17, and the defendant shall respond by 1:00 p.m. on 7/22/17. In addition, during conferences with the parties on 7/20 and 7/21, the defense argued that the government has not proffered any evidence establishing that the defendant, as CEO and a Director of Retrophin, failed to comply with corporate obligations in connection with the settlement and consulting agreements. The court encouraged the parties to discuss whether Delaware law should be presented to the jury, if at all, through a witness or a jury instruction. After the conference, the court was advised in two separate phone calls by defense counsel Jacob Kaplan, Esq. and Andrea Zellen, Esq., that the parties agreed that the government would call a witness to explain Delaware corporate law and that the parties would not submit briefing on the issue, and further, that the defendant reserved his right to call a Delaware law witness. The court has reviewed Delaware General Corporation Law (DGCL) Section 144, cited by the government during the 7/21 conference, and is not convinced that the plain text of this provision applies to the settlement and consulting agreements. Moreover, the court is concerned that the possibility of dueling Delaware law witnesses may confuse the jury and usurp the role of the Court. Accordingly, in lieu of either party calling a witness to testify regarding Delaware law, the court directs the parties to submit a proposed jury instruction or stipulation regarding the obligations and restrictions, if any, imposed upon a corporate officer under Delaware law, with regard to the contested agreements in Count Seven. Proposed instructions or a stipulation must cite to supporting legal authority and shall be submitted for the court's consideration no later than 3:00 p.m. on Saturday, 7/22/17. (Matsumoto, Kiyo) (Entered: 07/21/2017)

07/21/2017 276 Letter regarding objections to admissibility of communications as to Martin Shkreli (Agnifilo, Marc) (Entered: 07/21/2017)


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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Baruch Weiss
Arnold & Porter LLP
601 Massachusetts Avneue, NW
Washington, DC 20001
202-942-5000
Fax: [phone]
Email: [e-mail]
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
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Jacob Kaplan
Brafman & Associates, P.C.
767 Third Avenue
26th Floor
New York, NY 10017
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Marc A. Agnifilo
Brafman & Associates
767 Third Avenue
New York, NY 10017
212-750-7800
Fax: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Reed M. Brodsky
Gibson, Dunn & Crutcher LLP
200 Park Avenue
New York, NY 10166
212-351-4000
Fax: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

David K. Kessler
United States Attorney's Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-7202
Fax: [phone]
Email: [e-mail]
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: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Jacquelyn M. Kasulis
United States Attorneys Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6103
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED


https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl