What Ive gathered from various news reports is he wanted it to check DNA he supposedly has for her, I guess in order to clone her, for why? Cthulhu only knows.
Edit: Okay, forget that; Merneith has the straight dope on the dope.
I kknow nothing of Martha Stewart’s personality in real life, but her public persona was warm and gracious, and if she kept up that facade (if not actual self) in prison she’d do well during the incarceration. Shkreli is a punk-ass jerk who revels in pushing buttons and doesn’t give a damn about anyone else’s feelings or needs; he’s not going to go over well no matter where he’s housed, and no longer being kingpin of his own fantasy, but rather a despised underdog, I agree will break him.
That is fascinating. Idiotic, but fascinating. I don’t follow the crazy too closely, but I thought the allegation was she had him murdered, not that she did it herself. Where was the Secret Service while she was killing this young man?
He thought he was going to get almost zero sentence and spend it in Club Fed. If he is indeed at MDC Brooklyn, he’s in a very diverse population that isn’t going to have time for his shit and isn’t going to worship his money. But I would suspect that they would be fairly aware of this and keep him in solitary or in a small population for his own safety. Somehow I don’t see this guy surviving a week (or really two days) mixing with the general population. He’s too much of a human troll.
If the conspiracy theorists are to believed, probably helping.
Yeah, there are probably quite a number of people in prison who have or know someone who has HIV, or has or know someone who has a severe allergic reaction. I would be concerned about the well-being of a guy like this being in any situation where there is any interaction.
For his protection, he should spend every day of his 20 in solitary.
I always thought Martha Stewart kept a much lower profile after her jail time. Just keeping quiet and enjoying her stacks of Ameros.
It’s still the first thing a lot of people remember about her. That, and that she dressed in hot pants and heels when she was starting out in the business world. For which I applaud her courage if not her taste.
His sentencing will be interesting. He was on trial for fraud - nothing to do with drug pricing. To my understanding, the main consideration in fraud cases is how much money the victims lost. In this case, they lost zero - they actually made a lot of money. I understand the schadenfreude aspect of this, but also don’t delight in the idea of a judge basing sentences on stuff that has nothing to do with the criminal proceedings.
How much you lost isn’t the only issue. If I run a pyramid scheme and take 100,000 on false promises on a fake business, and just buy myself cars and vacations. Then take the last 10000 to Vegas and hit for 150,000 to pay everybody, it’s still fraud.
I don’t think that’s an entirely accurate description of what the government charged him with. It charged him with lying to investors and then misappropriating money from his various funds, partly to pay off angry investors. If or how much anyone loses is just one factor in all that. Anyway, it certainly doesn’t sound as if everyone came out ahead.
From here -
https://www.sec.gov/news/pressrelease/2015-282.html
Shkreli was found guilty on two counts of fraud and one count of attempted fraud. Several other counts resulted in acquittal for him. So at least some of the governments charges were judged accurately. I don’t think it’s accurate to write this off as Shkreli being prosecuted and sentenced for something he didn’t do.
I was under the impression that he was running some kind of Ponzi scheme and people lost money because of it.
What did happen, and how are they victims if they made money?
Right, understood. That’s along the lines of what Shkreli did. His hedge fund lost money, and he used funds from a more successful operation to repay investors in the first fund. The fraud came when he misrepresented the state of the accounts in between the initial losses and the eventual payout. It was dishonest accounting - not a premeditated attempt to bilk people out of their money.
He also talked about cloning Clinton but in the specific Facebook post asking for his followers to get him some follicles, he specifically mentions that he wants to compare it with a DNA sequence he already has and refers to the Clinton Foundation being willing to KILL to protect its secrets. It’s that later that is the reference to Seth Rich’s murder. In a previous bout of idiocy, Shkreli offered 100k reward for information leading to Rich’s murderer being found.
There’s no logic to it all. It’s just nonsense. Of course he doesn’t have any sort of DNA sequence from HRC that would be connected to Rich’s murder. He just gets his kicks trolling people.
Although … on reread - maybe I misread it and he was saying that he wants to compare Hillary’s DNA to alien DNA to prove that she’s an inhuman Lizard Person and literally the Beast of Revelations. I don’t know. Probably best not to try and make it make sense.
Here’s Bloomberg lawyer-turned-humorous-columnist Matt Levine’s take on the sentencing.
Backpfeifengesicht.
a face badly in need of a fist
Excellent! Thank you!
The part you quote there from Levine is Levine discussing the argument that Shkreli’s defense lawyer is making. The prosecutor’s are going to argue differently, and, as Levine points out -
Also, I note that the sentancing guidelines here, with Fraud sentancing starting on p.88 really only takes in the amount of money lost as factors for calculating bonus damages applies to the base damage. The base damage is:
That 6 or 7 means look for Offense Level 6 or 7 on the sentencing table, which is on p. 419 (this is clearly the work of a Dungeon Master). So you look up page 419 and then find Offense Level 6 & 7, which is in Zone A, and then you look over to see how it’s affected by the defendent’s Criminal History Points (which, I’m pretty sure, Shkreli doesn’t have any criminal history). So it says, 0-6, which would be 0-6 months of imprisonment. That would be for each of the three counts.
So the judge’s sentence of Shrkeli is not necessarily related to how much money he lost. Only, if he’d lost a bunch of money, he’d have had additional penalities. It would have moved him up a few Offense points.
So admittedly, Shrkeli is not facing a lot of hard time, here.
That’s not nearly the same thing as saying that Shrkeli would be sentenced by “a judge basing sentences on stuff that has nothing to do with the criminal proceedings.” which was your original take on the subject, in post #87.
Also -
I don’t think this is quite accurate, either. From Martt Levine’s explanation, which you posted previously:
So it wasn’t the tricky accounting, it was the lying about the hedge funds plus bonus stock manipulation.
At any rate - I don’t feel obligated to assume that he wasn’t trying to bilk people, at least in part, even if he paid back some of his investors, eventually.
I made no claim that would be the case. I said I am uncomfortable with the idea of judges using things unrelated to a criminal case when deciding on a sentence. Having never been sentenced and not being a judge or lawyer, I don’t know how common it is. I, personally, just don’t like the idea of it.
Sounds like dishonest accounting to me. He literally lied about the state of investor accounts. He did a bad thing, and he should feel bad. No argument here. However, my point was that this type of fraud is different than what Madoff pulled or the shady broker siphoning off retiree’s money to offshore accounts with the explicit intention of stealing it.
You’re absolutely entitled to your point of view. My read is that Shkreli was in over his head and desperate to try to get back in the black. In the pursuit of that goal he fraudulently misrepresented the situation, but in the end his scheme actually worked.
So why will he be allowed to keep the money he made off his illegal scheme? Why isn’t that forfeited? I thought we didn’t allow people to profit from crimes?
Did you miss this part:
“Shkreli misappropriated about $120,000 from MSMB Capital Management from October 2009 to July 2011 to unlawfully pay for food, clothing, medical expenses, clothing[sic], office rent, and cash withdrawals.”
Misappropriation = stealing more than $100,000, I guess.
This is so broad I don’t know how to approach answering it. What money are you referring to?