NEW YORK — So-called "Pharmacy Bro" Martin Shkreli gets to vent his views on Facebook Live for at least another 2½ days.
Jurors are set to begin weighing his fate on criminal fraud charges on Monday after a prosecutor ended closing legal arguments by telling jurors that Shkreli mistakenly calculated he was "above the law."
The panel of seven women and five men opted to postpone deliberations through the weekend in a decision around 3:40 p.m. ET Friday in Brooklyn federal court after U.S. District Court Judge Kiyo Matsumoto gave them final instructions on the law.
Capping evidence presentation and legal arguments in the four-week proceeding, Assistant U.S. Attorney Jacquelyn Kasulis told jurors the defense fed them a "fairy tale" portrait of Shkreli as a hyper-intelligent healthcare industry entrepreneur who never knowingly deceived investors in his companies.
In response, Kasulis repeated Shkreli's blunt email response when an attorney warned that acquiring shares in one of the companies at below-market prices could raise legal problems: "f that."
“It’s time, time for Martin Shkreli to be held responsible for his choices. His choices to lie, deceive and steal,” said Kasulis. "The last four weeks have exposed Martin Shkreli for who he really is — a con man, who stole millions of dollars."
The government had the final word after defense attorney Benjamin Brafman ended his closing arguments by reminding jurors that all of Shkreli's investors ultimately made money, thanks to the 34-year-old New Yorker's efforts.
“Who lost anything? Nobody,” Brafman said,
Criticizing the prosecution case as a mixture of theories and erroneous legal arguments, he said: "They cannot throw stuff against the wall and hope some of it sticks.” “It’s really that simple.”
Shkreli sat at rapt attention for much of Brafman's argument, He periodically looked down toward the defense table and fidgeted with his hair as Kasulis spoke.
The frequent social media presence opted not to testify in his own defense, avoiding being questioned by prosecutors. However, he vented against the Department of Justice in a Facebook posting Thursday that referred to President Trump and his campaign slogan, "Make America Great Again."
"My case is a silly witch hunt perpetrated by self-serving prosecutors. Thankfully my amazing attorney sent them back to junior varsity where they belong," wrote Shkreli. "Drain the swamp. Drain the sewer that is the DOJ. MAGA."
In a separate Facebook Live video appearance Thursday, Shkreli referred to jurors as he told fans: "I give them about 20 minutes before they free the boy."
He also used the video to resume his online references to Lauren Duca, a freelance journalist who wrote a TeenVogue opinion piece that was critical of Trump and drew his attention. Twitter suspended his account after Duca complained he had harassed her.
"Trial's over tomorrow, b------. And if I'm acquitted, I get to f--- Lauren Duca," said Shkreli, calling it "just my fantasy."
In response, Duca tweeted: "So much as touch me, and I'll gladly chop off one of yours."
Apart from Twitter and Facebook, Shkreli gained national notoriety in 2015 as the Turing Pharmaceuticals CEO who imposed a 5000% price hike on a medication used to treat a parasitic disease that typically strikes those with the HIV virus and others with weakened immune systems.
But the case against him instead focuses on allegations Shkreli defrauded investors in two health care-focused hedge funds by failing to disclose his role in a disastrous previous business and lying about the funds' financial performance.
He then allegedly looted Retrophin, another pharmaceutical company he founded, to repay the burned investors, according to the eight-count fraud and conspiracy indictment in the case.
Shkreli faces up to 20 years in prison if convicted.
Along with the no-harm-no-foul contention about Shkreli's generally wealthy investors, the defense strategy has focused on what Brafman said was the businessman's unshaken belief in what he said and did for those who trusted him with their money.
“There is no rich person exception to the law. That’s insulting,” argued Kasulis.
As for the question of Shkreli's intent, Kasulis told jurors "The judge will instruct you that a belief that everything will work out “does not excuse fraud under the law.”
As predicted, Matsumoto did.
Follow USA TODAY reporter Kevin McCoy on Twitter: @kmccoynyc
08/01/2017 301 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7/21/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@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 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Barry, Richard) (Entered: 08/01/2017)
08/01/2017 300 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7/20/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@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 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Barry, Richard) (Entered: 08/01/2017)
08/01/2017 299 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7/19/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@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 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Barry, Richard) (Entered: 08/01/2017)
08/01/2017 298 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7/18/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@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 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Barry, Richard) (Entered: 08/01/2017)
08/01/2017 297 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Martin Shkreli held on 7/17/2017, before Judge Kiyo Matsumoto. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@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 8/22/2017. Redacted Transcript Deadline set for 9/1/2017. Release of Transcript Restriction set for 10/30/2017. (Barry, Richard) (Entered: 08/01/2017)
07/31/2017 Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Martin Shkreli held on 7/31/2017. 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. Jurors deliberated; deliberations to be continued on 8/1/2017 at 9:00am. (Court Reporter Michele Nardone.) (Vivek Tata) (Entered: 07/31/2017)
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
Claire S. Kedeshian United States Attorneys Office Eastern District of New York 271 Cadman Plaza East Brooklyn, NY 11201-1820 (718) 254-7000 Fax: (718) 254-6081 Email: claire.kedeshian@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
07/28/2017 296 Letter Attaching Redacted Superseding Indictment To Be Provided To The Jury (Agreed Upon By The Parties) as to Martin Shkreli (Attachments: # 1 Exhibit A - Redacted Superseding Indictment To Be Provided To The Jury (Agreed Upon By The Parties)) (Srinivasan, Girish) (Entered: 07/28/2017)
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