Here on Sunday morning, the PACER felony docket sheet in Brooklyn has been updated to reflect all the filings and orders from Friday, the 16th — and the related status conferences, before the able Judge Matsumoto. It was a decidedly bad day for the defense. [Much more, here.]
To sum up, the government won on all essentially fronts. Mr. Greebel, in particular, came away a loser. [Here is that 19 page PDF of the memorandum opinion, as signed by Judge Matsumoto.] There is no surprise here, as Messrs. Shkreli and Greebel have repeatedly, and foolishly, over-played their hand(s). The government has them — nearly dead to rights — in written documents, many of which Judge Weinstein has ruled are “crime fraud” doctrine excepted. That is, they document a criminal fraud conspiracy — between Messrs. Greebel and Shkreli.
So, the effort to “screen a preview” of the entire government “feature film” that the jury will watch (against them), more than six months ahead of the June 2017 trial date (the “premiere,” in the court’s apt turn of phrase), has been ruled out of bounds.
More broadly, it seems all those conflicting production of documents arguments and motions — both privileged and not so — are being steadily reduced to simple disclosures to Mr. Brafman’s firm (on an “eyes only” basis). [It seems Mr. Biestek will be allowed to at least review documents — for personal privilege, as well.]
In addition, the court (by separate order) has made clear that none of this will delay the June 2017 trial date.
Finally, once again, the court has noted for the record, Mr. Shkreli’s own prior and public conduct — in attempting to threaten (or in at least one instance, actually threatening) witnesses, in the civil securities fraud matters — as a firm reason not to accord too much leeway — to his requests for a preview of the government’s case (and thus its witnesses).
These two men are actually in some very dire criminal legal circumstances, in my experienced opinion. And Mr. Shkreli (in particular) continues to treat it all as some form of online game. He is bound to lose — and forfeit likely ten years or more of his liberty, for his hubris. [Again, in my experience.]
So it goes. [And, I do hold at least some hope that tomorrow yields a truly-Hamiltonian solution — at the Electoral College convention.] Now I’m off to shovel again, under the frigid but clear morning sky — before the falling temperatures make it all a block of solid ice. . . headed to negative teens later this evening, into the luminous dawn, on Monday. . . smiling just the same. Everyone’s home in just five more days. . . .