07/20/2017 274 MEMORANDUM in Opposition re 273 MOTION in Limine To Admit Evidence of the Charged Crimes (Attachments: # 1 Exhibit A: Transcript Excerpts) (Brafman, Benjamin) (Entered: 07/20/2017)
07/19/2017 272 ORDER as to Martin Shkreli: That the Court compensate the eighteen (18) empaneled jurors in the above captioned case for their availability on July 20, 2017, at the daily juror fee rate of $50. Ordered by Judge Kiyo A. Matsumoto on 7/19/2017. (Williams-Jackson, Sandra) (Entered: 07/19/2017)
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: 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
Jacob Kaplan Brafman & Associates, P.C. 767 Third Avenue 26th Floor New York, NY 10017 (212)750-7800 Fax: (212)750-3906 Email: jkaplan@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
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