USA TODAY US Edition

Price-hike CEO in court

Trial begins Monday in Shkreli case,

- Kevin McCoy @kmccoynyc

Any other securities and wire fraud trial would probably attract little more than a glance from courthouse spectators, let alone the larger American public.

But the proceeding set to start Monday is not just any trial: It’s the Martin Shkreli legal show!

A year-and-a-half after his arrest, and following hundreds of tweets, scores of online boasts, dozens of live-streams and his purchase of a unique Wu-Tang Clan rap album for a reported $2 million, Shkreli gets his turn to take on the prosecutor­s who have charged him with conspiracy and fraud. And everyone wants to experience it, it seems.

No matter that his case has no direct ties to the issue that brought the former pharmaceut­ical company CEO national notoriety — ordering a 5,000% price hike on a medication for HIV patients and others with compromise­d immune systems, then refusing to retreat or apologize. Repeatedly.

And never mind that the man informally dubbed the “Pharma Bro,” a 34-year-old son of Albanian and Croatian immigrants, may opt against taking the witness stand in his own defense.

For the final pretrial hearing last week, many legal interns joined reporters in U.S. District Court, packing it to overflowin­g. One woman sat on the carpeted floor.

During legal arguments, Benjamin Brafman, the veteran criminal lawyer who’s leading the defense team, indirectly summarized the attraction of Shkreli. He is “traveling to the beat of his very unique drummer.”

Jurors are scheduled to hear dozens of witnesses whose testimony will alternatel­y support and question the eight-count indictment against Shkreli. It accuses him of illegally taking stock from Retrophin — a biotechnol­ogy company he started in 2011 and was ousted from in 2014 — and then using it to pay unrelated debts owed to investors in hedge funds he’d previously headed.

The indictment also accuses Shkreli of defrauding investors in MSMB Capital and MSMB Healthcare through misstateme­nts and omissions about the fi- nancial performanc­e of the hedge funds, how much other investors put in, and how much Shkreli took out. In all, he withdrew and spent more than $200,000 from MSMB Capital during the fund’s operating life, “far in excess of any permitted fees,” the indictment charges.

While winding down the funds in 2012, Shkreli raised suspicions by telling investors they could redeem their stakes for cash, or take Retrophin shares instead, the indictment alleges. But instead of paying departing inves- tors with money from the funds, he allegedly arranged to compensate them from Retrophin, via payments for phony consulting agreements.

Shkreli has pleaded not guilty. So has Evan Greebel, the former Retrophin outside counsel who was also charged in the indictment. In April, the federal judge presiding over the case, Kiyo Matsumoto, ordered separate trials for the men, with Shkreli going first. She ruled that Greebel’s legal defense plan to characteri­ze his co-defendant as a liar “would present a serious risk that Shkreli will not receive a constituti­onally fair trial.”

The trial is expected to last four to six weeks, attorneys on both sides estimated.

There’s been no decision yet on whether Shkreli will testify in his own behalf, Brafman said during the final pretrial hearing. Afterward, he declined to discuss the defense plans, saying, “I really think that we’re going to try this case in the courtroom.”

However, the proceeding provided glimpses of the strategies and evidence expected to be weighed by jurors.

Along with focusing on Shkreli’s dealings with the hedge funds and Retrophin, prosecutor­s appear ready to present evidence about other parts of his financial career. During a work stint at Royal Bank of Canada, Shkreli doubled his allowable trading limit and hid it from the company, prosecutor­s said during the pretrial hearing.

Brafman said prosecutor­s were also expected to call a witness who will testify about Elea Capital Management LLC, the New York-based hedge fund Shkreli launched in 2006 as one of his earliest independen­t financial ventures. Within roughly one year, the fund had lost all its investment capital through disastrous trades.

 ?? MARK LENNIHAN, AP ??
MARK LENNIHAN, AP
 ?? MARK LENNIHAN, AP ?? Martin Shkreli, second from right, arrives at Brooklyn federal court this month. His trial is expected to last four to six weeks.
MARK LENNIHAN, AP Martin Shkreli, second from right, arrives at Brooklyn federal court this month. His trial is expected to last four to six weeks.

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