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United States v. Shkreli

Sentencing Document #565

District Court, E.D. New York


Description

Sentencing was held before Judge Kiyo A. Matsumoto on March 9, 2018 as to Martin Shkreli, on Counts Three (3), Six (6) and Eight (8) of the Superseding Indictment. Assistant U.S. Attorneys Jacquelyn M. Kasulis, Esq., Alixandra E. Smith, Esq., Girish Karthik Srinivasan, Esq., Claire S. Kedeshian, Esq. and Laura Mantell, Esq. appeared for the government. Benjamin Brafman, Esq., Marc A. Agnifilo, Esq., Andrea Zellan, Esq., Jacob Kaplan, Esq., and Teny R. Geragos, Esq. appeared for Mr. Shkreli. Defendant was sentenced to Eighty-four (84) months, with credit for time served, on each of Counts Three (3) and Six (6), to run concurrently; Sixty (60) months with credit for time served on Count Eight (8), to run concurrently with all other counts. A Supervised release term of Three (3) years with special conditions imposed. A mandatory Special Assessment of Three Hundred ($300) Dollars. A fine of $25K on each count for a total of $75K and restitution to be determined at a later date. Deft found not guilty on Counts 1,2,4-5 and 7 of an Eight Count Superseding Indictment. The defendant was advised of his right to appeal. At defendant's request, the court will not enter judgment at this time, pending further briefing regarding restitution and facility placement. Defendant's submission is due by March 13, 2018; the government's response is due by March 15, 2018. (Court Reporter Denise Parisi.) (Almonte, Giselle) Modified by Galeano, Sonia). (Main Document 565 replaced on 3/26/2018) (Williams-Jackson, Sandra).

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          Case 1:15-cr-00637-KAM CRIMINAL
                                  DocumentCAUSE FOR 03/09/18
                                           565 Filed SENTENCING
                                                             Page 1 of 1 PageID #: 18159

BEFORE: JUDGE KIYO A. MATSUMOTO                     DATE: 3/9/2018               TIME: 11:00am-2:00pm.


                         DOCKKET: 15-CR-637 [KAM] USA VS. SHKRELI

DEFENDANT NAME: Martin Shkreli               X    present                 X     (c)

DEFENSE COUNSEL: Benjamin Brafman X               Present                 X Retained

AUSA: Alixander Smith         Law Clerk Vivek Tata          Court Reporter: Denise Parisi

   X     CASE CALLED           X      DEFENDANT        X Sworn        X       Informed of Rights

STATEMENTS OF DEFENDANT AND COUNSEL HEARD X
DEFENDANT WAD FOUND GUILTY ON COUNTS 3, 6 & 8 of an Eight Count Superseding Indictment

SENTENCE: Eighty-four months, with credit for time served, on each of Counts Three & Six. Sixty months, with
          credit for time served, on Count Eight. The custodial terms for all counts are to run concurrently.


SUPERVISED RELEASE: 3 years on each count, to run concurrently, with special conditions.
1. Participate in mental health treatment under the supervision of the Probation Department, truthfully
disclose his financial conditions to enable the Probation Department to seek reasonable costs and contributions
for treatment, and cooperate with the Probation Department to secure payment for treatment from any
third-party source of insurance.
2. Comply with the fine and forfeiture orders in this case.
3. Engage in 20 hours per month of community service, under Probation Department supervision.
4. Refrain from engaging in self-employment which involves access to clients' assets, investments, or money,
or solicitation of assets, investments, or money, and assist probation in verifying any employment that he
secures while under supervision. For the purposes of this order, self-employment includes companies or
entities in which Mr. Shkreli is a controlling majority stakeholder or an officer or director, or otherwise in a
position to exercise, control, or direct the operations of the company or entity.
5. Provide the Probation Department and the United States Attorney's Office with complete and truthful
disclosure of his financial records, including co-mingled income, expenses, assets and liabilities, to include
yearly income tax returns. With the exception of the financial accounts reported and noted within the
presentence report, defendant is prohibited from maintaining and/or opening any additional individual and/or
joint checking, savings or other financial accounts for either personal or business purposes without the
knowledge and prior approval of the Probation Department. The defendant shall cooperate with the probation
officer in the investigation of his financial dealings and shall provide truthful monthly statements of his
income and expenses. The defendant shall cooperate in the signing of any necessary authorizations to release
information forms permitting the US Probation Department access to his financial information and records.
OTHER
Special Assessment $300.00     Restitution $ amount to be determined           Fine $75,000.00

Forfeiture $ Order attached to the judgment      U Deft advised of right to appeal.      U Transcript Ordered.

U Defendant found not guilty on counts 1, 2, 4-5, and 7 of an Eight Count Superseding Indictment

U The underlying indictment is dismissed on the motion of the govt.


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