Santa Fe New Mexican

Shkreli gets 7 years for securities fraud

- By Colleen Long and Tom Hayes

NEW YORK — The smirk wiped off his face, a crying Martin Shkreli was sentenced to seven years in prison for securities fraud Friday in a hard fall for the pharmaceut­ical industry bad boy vilified for jacking up the price of a lifesaving drug.

Shkreli, the boyish-looking, 34-year-old entreprene­ur dubbed the “Pharma Bro” for his loutish behavior, was handed his punishment after a hearing in which he and his attorney struggled with limited success to make him a sympatheti­c figure. His own lawyer confessed to wanting to punch him in the face sometimes.

The defendant hung his head and choked up as he admitted to many mistakes and apologized to the investors he was convicted of defrauding. At one point, a clerk handed him a box of tissues.

“I’m not the same person I was,” Shkreli said. “I know right from wrong. I know what it means to tell the truth and what it means to lie.”

In the end, U.S. District Judge Kiyo Matsumoto gave him a sentence that fell well short of the 15 years prosecutor­s wanted but was a lot longer than the 18 months his lawyer asked for. He was also fined $75,000.

Shkreli was found guilty in August of lying to investors in two failed hedge funds and cheating them out of millions. The case was unrelated to the 2015 furor in which he was accused of price-gouging, but his arrest was seen as rough justice by the many enemies he made with his smug and abrasive behavior online and off.

The judge insisted that the punishment was not about Shkreli’s online antics or his raising the cost of the drug. “This case is not about Mr. Shkreli’s self-cultivated public persona … nor his controvers­ial statements about politics or culture,” Matsumoto said.

But she did say his conduct after the verdict made her doubt the sincerity of his remorse. She cited his bragging after the verdict that he would be sentenced to time served.

And she quoted one piece of correspond­ence in which he wrote: “F--- the feds.”

The judge ruled earlier that Shkreli would have to forfeit more than $7.3 million in a brokerage account and personal assets, including a one-of-a-kind Wu-Tang Clan album that he boasted of buying for $2 million.

Defense attorney Benjamin Brafman described Shkreli as a misunderst­ood eccentric who used unconventi­onal means to make his defrauded investors even wealthier.

He told the court that he sometimes wants to hug Shkreli and sometimes wants to punch him but that his outspokenn­ess shouldn’t be held against him.

“It’s like the kids today who hit send before they really understand what they texted,” Brafman said.

Prosecutor­s rejected that notion.

“Mr. Shkreli is not a child,” federal prosecutor Jacquelyn Kasulis said. “He’s not a teenager who just needs some mentoring. He is a man who needs to take responsibi­lity for his actions.”

Shkreli became the face of pharmaceut­ical industry evil in 2015 when he increased by 5,000 percent the price of Daraprim, a previously cheap drug used to treat toxoplasmo­sis, a parasitic infection that can be fatal to people with the AIDS virus or other immune system disorders.

Before sentencing him, the judge said that it was up to Congress to fix the issue of the drug price hike.

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Martin Shkreli

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