The FTC formally answered Martin's objections to the life-time banning order (as proposed) and now under review by the able USDC Chief Judge Cote, in Manhattan. Just as I said they would, the FTC has only made a few minor corrections, and additions -- but 95 per cent of it remains unchanged. See that specifically marked FTC blue-lined version, right here.
In the FTC's accompanying ten page memo of law explaining why such a broad ban is needed, consistent with the Judge's earlier holdings -- FTC counsel discloses this bit:
. . .These standard compliance provisions are necessary to ensure that Plaintiffs can effectively monitor Shkreli’s compliance with the Proposed Order and investigate potential violations. Given Shkreli’s “egregious, deliberate, repetitive, long-running” illegal conduct (ECF 865 at 124), this authority is likely to be particularly important here. Indeed, Plaintiffs recently learned that Shkreli received a letter through the Bureau of Prisons mail system, that was posted on January 21, 2022, in which a “D. Franklin” wrote:
". . .Brother Marty I got the message. I went and got the mulla [sic] and put it in a Few Zip lock Bags then put it in Big plastic Bags and made them air tite [sic] and hid them all so. When you get out you’ll Be well healed [sic]: me and T. took what you said we can have, we would never Burn you. you Know that or you wouldn’t Trust me, so everything’s ok you said so you Should Be out Soon and can start your new life. . . ."
Plaintiffs have no additional information on the context for this communication (or its veracity), but it raises serious concerns regarding Shkreli’s intent to comply with the Court’s order of a lifetime ban from the pharmaceutical industry and disgorgement of $64.6 million in ill-gotten gains. This concern is amplified by Shkreli’s prior covert efforts, such as communicating through a contraband cell phone while imprisoned. . . .
Well. Does "mulla" mean. . . moolah? [A now very dated slang for money?] Or. . . does it mean cannabis, which is now legal in NYC [but under his prison and halfway house three year treatment program, he is to avoid]? Is "healed" a mis-spelling of "heeled"?! As in. . . well-heeled (i.e., rich). Who knows?!
But it is clear that the people "helping" Martin are morons. I suppose it could be a spoof, just to mess with BoP, but the errant capitalizations and mis-spellings suggest the person writing it. . . is not too sharp. And he sent it through monitored prison mail. So -- shallow end of the gene pool and all.
But -- all those caveats aside, I think it likely Martin had a stashed fund, and this is the delivery, minus the "commission" for holding it.
If so, Martin has violated his felony sentencing order, entered before USDC Judge Matsumoto, in Brooklyn in 2018 -- and several of the civil judgments, in Manhattan as well.
He may just stay in prison yet ANOTHER year -- or so (minimum).
And as a congrats / side note -- the able AUSA in Brooklyn who prosecuted him, and put him away back in 2017-18... was just named a partner in the white collar defense practice of mega-firm Kirkland & Ellis. She was an associate there, before starting in the Brooklyn AUSA role over a decade ago. Kudos!
Not really the "girls' junior varsity", it would now clearly seem, Marty. Not at all.
That insult is what Martin hurled at her, during trial -- to the press (in an impromptu interview in the courthouse lunchroom in Brooklyn -- Mr. Brafman whisked in, and grabbed him by the collar, to shut him up).
It didn't change the outcome, though. That much is certain. Karma is a wheel, baby.
[That is, she is quite likely to make more, in just the next three years or so -- than Martin will make in. . . the rest of his life.]
नमस्ते
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