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Tag: January 23 2024 Martin Banned For Life Second Cir. Says So FTC Sharing Info With Koestler St. Paddy’s 2023 Abbott Derek Gets His Monthly Legal Fees And Expenses 16-7175 USDC SDNY Judge Denise Cote

Second Circuit Rejects All Of Mr. Shkreli’s Claims Of Error; Lifetime Ban Affirmed. Disgorgement Required.

January 23, 2024January 23, 2024 ~ condor ~ Leave a comment

Y A W N.

Mr. Shkreli — just as we’ve long predicted — has struck out, on appeal — a mere 40 days after argument. He’d be a fool to file a petition with the Supremes on this record, but he likely will. And he will lose there as well — in about 45 elapsed days. [One of dozens of my prior posts on this topic here. Search “Shkreli” at right margin, for the full archive.]

Here’s the full eight page opinion and order — and he must pay the states’ and FTC’s costs for this appeal, to boot. He’s done — stick a fork in him:

…We conclude that the district court did not abuse its discretion by imposing a lifetime ban from the pharmaceutical industry on Shkreli because an injunction of that scope was within the range of permissible decisions. The district court found, and Shkreli does not dispute, that Shkreli’s illegal scheme was “egregious, deliberate, repetitive, long-running, and ultimately dangerous.”

The district court found that Shkreli’s comprehensive and effective scheme led to the price increase of a life-saving drug, Daraprim, from $17.50 to $750 per tablet and successfully blocked the entry of generic drug competition to maintain Daraprim’s inflated price. The district court further found that Shkreli’s scheme was far-reaching and was implemented using many means. It pointed to the record demonstrating that Shkreli facilitated extensive research; established at least two companies; recruited and worked through others even while in prison; and took advantage of regulatory requirements designed to safeguard the pharmaceutical industry to carry out his illegal scheme.

The district court’s injunction was a reasonable measure to protect the public from the risk of recurring anticompetitive conduct in the pharmaceutical industry by Shkreli….

Now you know. That’s the beginnings, at least, of… justice.

नमस्ते

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Please excuse the thin appearance, here. This was to be a back up site, until blog.com came back online. But that seems unlikely now, so this has become the main site. Only the last twelve years' posts are here for now. The full twenty years of archived material will be imported here, once I recover my full sized images and graphics from that period, either from a cached version of the old site, or if I can find them on that old laptop I long ago moth-balled. Smile. I just don't care for the low-resolution, grainy pixelated images available via Google search at the moment. So we will wait for full size imagery -- on the oldest posts. In truth, those old posts have little relevance to today's electoral politics, except in so far as they suggest very little has changed over time -- in Mr. Hinderaker's world-view. He remains pretty regularly delusional -- since at least 2002. And that is not just a coincidence -- as one nation, we elected Mr. Obama a few years later, and Mr. Hinderaker has never recovered -- to a reality based view of America. America is now a more centrist nation, than the one he lauded under Reagan and Bush 41, 43 and 45. So be it. 45 will now be gone by November. COVID-19 has shown even the ardent partisans 45 is an emperor with no clothes.

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