Former drug company executive Martin Shkreli on Friday asked a judge to throw out part of his criminal conviction, a day after prosecutors sought to have him jailed until his sentencing.
In a motion filed in Brooklyn federal court, Shkreli’s lawyers said their client was convicted of conspiring to manipulate the stock price of his old company, Retrophin Inc, after a prosecutor improperly defined a key legal term during closing arguments.
The motion does not seek to overturn Shkreli’s conviction on two more serious counts of defrauding investors in his hedge funds. Those counts carry a maximum prison sentence of 20 years, though Shkreli is likely to serve far less time, in part because his investors did not lose money.
Instead, it challenges his conviction of conspiring to manipulate Retrophin’s stock price by telling employees what to do with their shares. Shkreli’s lawyers said a prosecutor falsely told jurors in closing arguments that Retrophin employees were automatically “affiliates” of Retrophin under federal securities law, which would restrict how they could trade their shares.
A representative for the prosecutors declined to comment.
The motion came the day after prosecutors asked U.S. District Judge Kiyo Matsumoto to revoke Shkreli’s $5 million bail.
They said Shkreli could be a “danger to the community,” pointing to a Sept. 4 Facebook post in which he offered $5,000 to followers who could grab a strand of Hillary Clinton’s hair during her upcoming book tour.
The post prompted an investigation by the U.S. Secret Service, which is charged with protecting the former Democratic presidential candidate. Shkreli is an outspoken fan of President Donald Trump, a Republican.
“However inappropriate some of Mr. Shkreli’s postings may have been, we do not believe that he intended harm and do not believe that he poses a danger to the community,” Shkreli’s lawyer, Benjamin Brafman, said in an email.
Shkreli, 34, was convicted in August of defrauding investors of two hedge funds he ran, MSMB Capital and MSMB Healthcare, and of conspiring to manipulate Retrophin stock. He was acquitted of stealing from Retrophin to pay back investors.
Before the trial, Shkreli was best known for raising the price of anti-infection drug Daraprim by 5,000 percent in 2015 while he was chief executive of Turing Pharmaceuticals. The move sparked outrage by patients and U.S. lawmakers, earning him the nickname “pharma bro.”
(Reporting by Brendan Pierson in New York; Editing by Bernadette Baum and Andrew Hay)
Trump declares impeachment ‘dead’ — and demands apology — in late night Twitter outburst
President Donald Trump lashed out on his favorite social media platform late Thursday evening.
Eight minutes before midnight eastern time, Trump unloaded.
Trump wrote, "Democrats must apologize to USA: Ukrainian Foreign Minister Vadym Prystaiko said that 'United States Ambassador Gordon Sondland did NOT link financial military assistance to a request for Ukraine to open up an investigation into former V.P. Joe Biden & his son, Hunter Biden. Ambassador Sondland did not tell us, and certainly did not tell me, about a connection between the assistance and the investigation.'”
Trump did not say why he was taking the word of a foreign official over multiple sworn testimonies from members of his own administration.
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Speaker Nancy Pelosi was masterful in using the word "bribery" to describe President Donald Trump's actions with Ukraine that are at the heart of the impeachment inquiry, according to a former federal prosecutor.
MSNBC anchor Brian Williams interviewed former Assistant U.S. Attorney Berit Berger on Thursday evening's "The Last Word."
Please expand for us on why it is significant and why is it important to label this bribery," Williams said.
"So I think Nancy Pelosi was very specific in calling this bribery for two reasons," Berger replied.
"The first is that -- unlike quid pro quo -- ribery is something that most people understand, especially people who have children," she said, with a chuckle. "We all sort of have a general understanding of that."
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"At the same time that Rudy Giuliani and his now-indicted pals were pushing for President Donald Trump to remove Amb. Marie Yovanovitch from her post in Ukraine, Trump administration officials were eyeing potential contenders to take over her job. One of the people in the mix, according to three sources familiar with the discussions, was Rep. Pete Sessions, a former Congressman who called for Yovanovitch’s firing," The Daily Beast reported Thursday night. "He is also a longtime ally of the former New York Mayor, and is believed to have taken millions of dollars from Giuliani’s indicted cronies."