Monday, January 25, 2016

EXCLUSIVE: Martin Shkreli To Testify Before Congress Now On February 4, 2016

The very able US District Court Judge Kiyo A. Matsumoto, sitting in Brooklyn, has removed any legal impediment to Mr. Shkreli's appearance before the Chaffetz-Cummings Committee, as of a few moments ago. More formally, that committee is known as the House Oversight and Government Reform Committee. The newly minted CEO of Valeant will also testify. [More background, here.]

News Analysis: Having said that, it is highly likely that Mr. Shkreli will assert his Fifth Amendment rights, if the hearing is not held "in-camera". An "in camera", or "behind closed doors" session -- as to Mr. Shkreli's portion -- would essentially remove the threat of any evidentiary admission, in any subsequent criminal prosecution, or civil action -- for anything he might say to the Committee. All of his remarks would be granted the immunity afforded a member of Congress. Even Arnold & Porter would be hard pressed to advise him not to answer, in that case. We shall see. To be fair, Rep. Chaffetz likely wants it "in public" -- in part for the political points-making session. [Of course, should his testimony turn out to be knowingly false, he could still be prosecuted for perjury before Congress -- an entirely separate crime.]

In addition, instead of proceeding tomorrow, the hearing will occur on February 4, 2016 -- due to the Snow-ma-geddon still undulating through the nation's capital. [I have seen no other story on this -- so I'll call it an exclusive, for now. Alert me in comments if I am wrong about that.] I'd ask that you credit it -- if you run this. Graphics coming shortly.

. . . .The court modifies the conditions of Mr. Shkrelis bail as follows: Mr. Shkreli shall be permitted to travel to Washington, DC for the purposes of testifying before the United States House of Representatives Committee on Oversight and Government Reform hearing on February 4, 2016; Mr. Shkreli shall submit a copy of his itinerary, including any travel tickets and accommodations, to Pretrial Services in advance of his travel; and upon his return to the Eastern and Southern Districts of New York, Mr. Shkreli shall notify Pretrial Services. Counsel is cautioned that the court does not condone correspondence "seek[ing] the Courts's guidance." (ECF No. 25 at 1.) Any application to the court must specify the relief sought and include relevant legal authority in support of the application. Ordered by Judge Kiyo A. Matsumoto on 1/25/2016. (Gong, LiJia) Modified on 1/25/2016. . . .

Note also that (toward the end of the order) the able Judge chastised this Arnold & Porter lawyer -- for asking (by letter no less) for "guidance" -- in a criminal matter. That is not the role of a federal District Court Judge, not as to an indicted felony defendant, at least. Onward -- and Karma is clearly a wheel, Mr. Shkreli.

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