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posted by Fnord666 on Tuesday May 19 2020, @09:03PM   Printer-friendly
from the oh-the-humanity! dept.

Judge denies Shkreli's "delusional self-aggrandizing" plea to get out of jail

A federal judge on Saturday denied Martin Shkreli's request for a "compassionate release" from prison, which was pitched as a way to protect him from contracting the new coronavirus—and to help him work on a cure for COVID-19 so he could save the rest of the world.

Lawyers for the infamous ex-pharmaceutical executive filed an emergency motion April 22 in a bid to free him from the slammer. They argued that Shkreli is at high risk of contracting the virus in the close quarters of federal prison and could possibly become severely ill or die. They also argued that he is in a unique position to work on a cure for the devastating viral illness now sweeping the globe. Shkreli himself publicly made that claim in early April via a scientific document outlining his preliminary efforts to develop an antiviral drug.

In the emergency motion, his lawyers argued that "Current conditions of confinement threaten his health and life and prevent him from doing work that would contribute to the betterment of society worldwide."

Though Shkreli is best known for ruthlessly jacking up the price of a lifesaving generic drug, he is serving an 84-month sentence following his 2017 conviction on two counts of securities fraud and one count of conspiring to commit securities fraud. The charges were in connection with an alleged Ponzi-like scheme involving two hedge funds he previously managed and his former pharmaceutical company, Retrophin. He has served 41 months of his sentence so far.

[...] [federal prosecutors] also noted that, at the time of their court filing, there were no cases of COVID-19 in staff or inmates at the facility in which Shkreli is being held, FCI Allenwood Low.


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  • (Score: 0, Offtopic) by khallow on Wednesday May 20 2020, @03:55AM (9 children)

    by khallow (3766) Subscriber Badge on Wednesday May 20 2020, @03:55AM (#996735) Journal

    “Arguably, you sold your country out,” Sullivan said. "I cannot assure you that, if you proceed today, you will not be sentenced to a period of incarceration."

    The judge may be taken off [sidneypowell.com] the case for those ridiculous remarks too. After all, even if every was as the FBI claimed, Flynn didn't sell anyone out. That's fantasy added by the judge after the fact. We'll see, but looks like I was premature [sidneypowell.com] about Flynn being out of the woods.

    In June 2019, General Flynn fired his defense team and current counselappeared—immediately requestingBradymaterial from the Government.When informal requestswere unsuccessfuland AUSABrandon Van Grack (on detail to the Special Counsel’s Office) claimedhe had produced everything to which the defense was entitled, General Flynn filed aMotion to Compel the Production of BradyMaterial and For an Order to Show Cause. ECF No. 109. After extensivebriefing, ECF No. 129, 132, 135,Judge Sullivan issued a 92-page denial on December 16, 2019.ECF No. 144.

    [...] Months of contentious litigation culminated on April 24, 2020, when the Government produced four pages of long-withheldBrady material. ECF 6No. 180.Alatertranche of damning evidence showed that the FBI interview was a setupand the 302 was doctored—just as GeneralFlynn had suggested. ECF Nos. 187, 188, 189. On May 7, 2020, the United States Attorney for the District of Columbia acknowledgedthe Government’s longstanding failure to produce Bradyevidence and thelack of a legitimate basis for what amounted to a charge fabricated against General Flynn,andthe Government moved to dismiss the Information with prejudice in the interest of justice.ECF No. 198. The Government acknowledged that General Flynn’s statements to the FBI were not materialto a legitimate investigation,and there was nocrime.Id.

    (Formating issues with the PDF copy/paste.) On something you wrote:

    So Flynn hired Powell, and he supposedly couldn't remember discussing sanctions with a Russian diplomat. So strange how so many around Trump get convicted of crimes and can't remember details from their VERY important meetings with foreign agents. If Flynn or Pompeo was working for Obama you'd be howling for blood over "can't remember" regarding issues of national security.

    Another defense point here is that the details that couldn't be remembered weren't material to any FBI investigations ("The Government acknowledged that General Flynn’s statements to the FBI were not material to a legitimate investigation"). There's so much wrong here.

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  • (Score: 0) by Anonymous Coward on Wednesday May 20 2020, @06:15AM (8 children)

    by Anonymous Coward on Wednesday May 20 2020, @06:15AM (#996767)

    Flynn didn't sell anyone out.

    He sold out his country, violated his oath as an officer of the USofA military. The man is the lowest kind of scumsucking lime lizard. He needs to be executed, or electradicted, or exfibrillated. I think he is suffering from early onset conservative mind loss. And, of course, the obvious implication is, that he betrays all humanity by selling out his own country to the corrupt grifter Trump, and his Ruskie "friends". Enemy of humanity. Not a nice person. Un-American.

    • (Score: 1) by khallow on Wednesday May 20 2020, @07:37AM (6 children)

      by khallow (3766) Subscriber Badge on Wednesday May 20 2020, @07:37AM (#996785) Journal
      You have evidence?
      • (Score: 0) by Anonymous Coward on Wednesday May 20 2020, @09:38AM (5 children)

        by Anonymous Coward on Wednesday May 20 2020, @09:38AM (#996814)

        He confessed? Without being tortured by the CIA? Pretty damning evidence, if you are not suffering from TDS.

        • (Score: 1) by khallow on Wednesday May 20 2020, @03:30PM (4 children)

          by khallow (3766) Subscriber Badge on Wednesday May 20 2020, @03:30PM (#996929) Journal

          He confessed? Without being tortured by the CIA?

          The story is that he and his son were looking at multiple felonies, if he didn't plead guilty. Plea bargaining is a thing.

          Pretty damning evidence, if you are not suffering from TDS.

          But it doesn't distinguish between innocence and guilt, thus isn't evidence.

          • (Score: 0) by Anonymous Coward on Wednesday May 20 2020, @04:12PM (3 children)

            by Anonymous Coward on Wednesday May 20 2020, @04:12PM (#996949)

            Gotta love how flimsy evidence is when it is your team on the block, but you were happy to witch hunt Hillary and Biden. Of course when their investigations came up with nothing you STILL believe they are guilty and the DEEP STATE is to blame. Seriously, time to take your meds.

            If you had a spine you'sd be demanding to see all the evidence, but again when it is your team you're MORE THAN HAPPY to accept excuses for why we can't see it. READ THE REPORT NOT THE MEMO :D :D :D

            • (Score: 2, Interesting) by khallow on Wednesday May 20 2020, @04:37PM (2 children)

              by khallow (3766) Subscriber Badge on Wednesday May 20 2020, @04:37PM (#996964) Journal

              Gotta love how flimsy evidence is when it is your team on the block

              Back at you on that one. The only evidence for Flynn's alleged guilt is this plea bargain for the crime of lying to FBI agents. Since it's been taken back, it's no longer evidence, as far as I'm concerned. Threatening the defendant with a much longer sentence, if they don't plead guilty, is a little classier than beating up the suspect for said confession, but it has the same credibility.

              • (Score: 0) by Anonymous Coward on Thursday May 21 2020, @08:22PM (1 child)

                by Anonymous Coward on Thursday May 21 2020, @08:22PM (#997558)

                Mental gymnastics, if only they actually improved your brain. I'm tired of every bit of evidence getting dismissed as hearsay. These criminals aren't breaking into a bank, they are communicating with foreign agents to further their corruption and make treasonous deals. He lied to FBI agents, that is a crime and it is not being disputed, yet you and the other propaganda outlets keep trying to spin it as the "deep state" or "bbbut Obama" as if that changes the fact. Lying was his choice, and no amount of hand wringing is going to change that or make it anyone's fault but his own.

                The best bit is how the spin tries to accuse Obama, who as far as all the actual evidence shows did not get involved with the Flynn investigation, while Trump is actively interfering in every investigation relating to himself or anyone related to his admin/campaign. You have no honor, no integrity, and you should feel deep shame in falling for these lies and mind games.

                • (Score: 1) by khallow on Friday May 22 2020, @08:15PM

                  by khallow (3766) Subscriber Badge on Friday May 22 2020, @08:15PM (#997967) Journal

                  I'm tired of every bit of evidence getting dismissed as hearsay.

                  Some of it isn't even hearsay. The FBI apparently fabricated some statements by Flynn with the Flynn interview transcript, for example.

                  “On February 10, 2017, the news broke—attributed to ‘senior intelligence officials’—that Mr. Flynn had discussed sanctions with Ambassador Kislyak, contrary to what Vice President Pence had said on television previously.” Following this leak, “overnight,” Flynn’s 302 [an initial transcript report which is supposed to contain the raw information in the interview] was changed—and substantively so. “Those changes added an unequivocal statement that ‘FLYNN stated he did not’—in response to whether Mr. Flynn had asked Kislyak to vote in a certain manner or slow down the UN vote.”

                  “This is a deceptive manipulation” Powell highlighted, “because, as the notes of the agents show, Mr. Flynn was not even sure he had spoken to Russia/Kislyak on this issue. He had talked to dozens of countries.” The overnight changes to the 302 also included the addition of a line, indicating Flynn had been question on whether “KISLYAK described any Russian response to a request by FLYNN.”

                  But the agent’s notes do not include that question or answer, Powell stressed, yet it was later made into the criminal offense charges against Flynn. And “the draft also shows that the agents moved a sentence to make it seem to be an answer to a question it was not,” Powell added.

                  Moving on, you wrote:

                  These criminals aren't breaking into a bank, they are communicating with foreign agents to further their corruption and make treasonous deals.

                  Show evidence then. I'll just note that bald assertions don't even rise to the standard of hearsay.

                  The best bit is how the spin tries to accuse Obama, who as far as all the actual evidence shows did not get involved with the Flynn investigation

                  What does "involved" mean here? For example, this [usatoday.com] indicates some degree of involvement.

                  Rice sent herself an email on the day of Trump's inauguration that recounts a Jan. 5, 2017, Oval Office meeting she attended along with President Barack Obama, Vice President Joe Biden, FBI Director James Comey and Deputy Attorney General Sally Yates. She described the meeting as a "follow-on conversation" after a briefing by intelligence community leaders on Russian interference in the 2016 election.

                  [...]

                  Those portions of the email were made public in 2018. In the previously redacted portion of the email (see below) that acting Director of National Intelligence Richard Grenell declassified this week, Comey shared his "concerns" about Flynn's conversations with Russian Ambassador Sergei Kislyak.

                  Director Comey affirmed that he is proceeding "by the book" as it relates to law enforcement. From a national security perspective, Comey said he does have some concerns that incoming NSA Flynn is speaking frequently with Russian Ambassador Kislyak. Comey said that could be an issue as it relates to sharing sensitive information. President Obama asked if Comey was saying that the NSC should not pass sensitive information related to Russia to Flynn. Comey replied, "potentially." He added that he has no indication thus far that Flynn has passed classified information to Kislyak, but he noted that the "level of communication is unusual."

                  Conveniently enough, after that meeting Comey indeed did not share said information with Flynn and the interrogation of Flynn, which was misrepresented by the FBI as being routine, occurred around January 20 and 21, 2017. The email doesn't support Obama planning the events directly (but of course, not evidence against that either), but he was informed ahead of time giving him opportunity to be more involved than he already was.

    • (Score: 0) by Anonymous Coward on Wednesday May 20 2020, @02:13PM

      by Anonymous Coward on Wednesday May 20 2020, @02:13PM (#996889)

      I think . . .

      Why would you lie to us like that, Aristarchus?