A size up is set to hear arguments about whether the provocative online antics of quondam pharmaceuticals company CEO Martin Shkreli are bad enough to put him behind bars.
The considering before U.S. District Judge Kiyo Matsumoto on a government demand to set aside the convicted Shkreli’s bail was scheduled for Wednesday in federal court in Brooklyn.
A protection attorney argued in court papers filed Tuesday that Shkreli’s late-model offer to pay a $5,000 bounty for securing a lock of Hillary Clinton’s locks while she’s on a book tour was merely a tasteless joke comparable to some of President Donald Trump’s derisive opinions, not a threat worthy of putting him behind bars.
«Indeed, in the current governmental climate, dissent has unfortunately often taken the form of political spoof, hyperbole, parody or sarcasm,» wrote the lawyer, Ben Brafman. «There is a alteration, however, between comments that are intended to threaten or harass and explanations — albeit offensive ones — that are intended as political satire or difficult humour.»
The attorney was responding to government filings last week that argued Shkreli’s actions was threatening enough to jail the so-called Pharma Bro while he awaits sentencing for his securities deceit conviction. Prosecutors said the posting prompted the Secret Service to use assorted resources because it ran the risk that many of Shkreli’s social milieu followers would think he was serious.
Shkreli, who is best known for hiking up the consequence of a life-saving drug and for trolling his critics on social media, was found sorry last month on charges, unrelated to the price-fixing scandal, that he fiddled investors in two failed hedge funds he ran. The defence had argued that investors got their primeval investments back and even made hefty profits.
Shkreli has voted he feels «exonerated» despite his conviction and thinks there’s a «50-50 come to pass» he won’t face any punishment. He chatted with fans on his YouTube channel and squabbled with a reporter after last month’s verdict.
«In sum and substance,» he ventured, «I feel exonerated.»