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                                                                                                 U.S. NEWS Friday 14 July 2017






















            Investors: ‘Pharma Bro’ Shkreli was shady - and profitable



            By TOM HAYS                  day  with  the  government                                                             Blanton,  who  notified  the
            Associated Press             still in the middle of its case.                                                       Securities  and  Exchange
            NEW YORK (AP) — The jury  The lack of clear-cut finan-                                                              Commission.  Shkreli,  34,
            at  the  securities  fraud  trial  cial  harm  separates  the                                                       was  arrested  in  2015  after
            of  “Pharma  Bro”  Martin  alleged  fraud  from  others                                                             he already had gained no-
            Shkreli  has  heard  investors  like Bernard Madoff’s noto-                                                         toriety  by  using  his  Turing
            accuse  the  quirky  former  rious  Ponzi  scheme,  which                                                           Pharmaceuticals company
            biotech CEO of repeatedly  wiped out the nest eggs of                                                               to raise the price of a life-
            giving them the runaround  ordinary investors. Prosecu-                                                             saving medication by 5,000
            when they tried to pull their  tors have argued it doesn’t                                                          percent and for his nonstop
            money  out  of  his  failing  matter  because  Shkreli  still                                                       posturing and trolling on so-
            health care hedge fund.      broke  the  law  by  blowing                                                           cial  media,  a  compulsion
            But  the  government  wit-   investors’  funds  with  bad                                                           that spawned the “Pharma
            nesses  have  made  a  con-  stock  picks  and  then  ly-                                                           Bro” nickname. Federal au-
            cession  that  the  defense  ing  to  them  for  months  —                                                          thorities focused instead on
            hopes  plays  in  its  favor:  In  or  even  years  —  while  he                                                    his  MSMB  Capital  hedge
            the  end,  they  made  a  kill-  cooked  up  a  way  to  get                                                        fund,  accusing  him  of  ly-
            ing.  Whether  jurors  at  the  out of it.                Former Turing Pharmaceuticals CEO Martin Shkreli, left, arrives   ing to investors by boasting
            trial that began June 26 in  “I  don’t  think  it  mattered   at federal court with his attorney Benjamin Brafman in New York.   about too-good-to-be-true
            federal  court  in  Brooklyn  to  him  —  it  was  just  what                                 (AP Photo/Seth Wenig)  returns  at  a  time  when  he
            will  see  Shkreli’s  clients  as  he  thought  he  could  get                                                      had lost more than $7 mil-
            victims of a crime is central  away  with,”  said  Richard   stalled for three years when  Over  time,  “I  was  wor-  lion on a 2011 trade and let
            to  a  case  that’s  featured  Kocher, a New Jersey con-  he tried to redeem his $1.3  ried  Martin  might  be  lying  the fund dwindle to about
            odd  subplots,  including  a  struction  company  owner   million investment.          to  me  and  not  credible,”  $2 million in assets. q
            self-serving rant by the de-  who  invested  $200,000  in
            fendant  to  reporters  and  with Shkreli in 2012. “It was
            email evidence by a men-     insulting.”
            tor about wanting to touch  Darren  Blanton,  a  Dallas-
            his “soft skin.”             based    investment    firm
            Testimony  resumed  Thurs-   founder,  testified  Shkreli


            Conviction of ex-NY Assembly

            speaker tossed; retrial sought


            By LARRY NEUMEISTER          been  properly  instructed
            DAVID KLEPPER                on what constitutes an “of-
            Associated Press             ficial act.”  “We recognize
            NEW YORK (AP) — The cor-     that many would view the
            ruption conviction of former  facts  adduced  at  Silver’s
            Assembly Speaker Sheldon  trial with distaste,” the 2nd
            Silver was overturned Thurs-  Circuit said.
            day  by  a  federal  appeals  “The  question  presented
            court  that  found  sufficient  to us, however, is not how
            evidence  but  flawed  jury  a jury would likely view the
            instructions in light of a re-  evidence presented by the
            cent Supreme Court ruling  government.
            narrowing the  definition  of  Rather,  it  is  whether  it  is
            what  it  takes  to  convict  a  clear,  beyond  a  reason-
            public  official.  Prosecutors  able doubt, that a rational
            vowed to retry him.          jury,  properly  instructed,
            A three-judge panel of the  would  have  found  Silver
            2nd  U.S.  Circuit  Court  of  guilty.” Still, the court gave
            Appeals in Manhattan said  prosecutors      encourage-
            it could not conclude with  ment that a retrial has mer-
            certainty  that  a  rational  it, and acting U.S. Attorney
            jury  would  have  convict-  Joon  H.  Kim  said  the  gov-
            ed  the  Democrat  if  it  had  ernment will seek one.q
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