You're sentenced based on the severity of the illegal act, not based on the severity after you tried to smooth things over. So he would be sentenced based on th

You're sentenced based on the severity of the illegal act, not based on the severity after you tried to smooth things over. So he would be sentenced based on the millions he defrauded, not based on the fact that the people were made whole in the long run. Source: I just asked my girlfriend, a third year law student. Also, you know, the judge for Shkreli's case: https://www.reuters.com/article/us-usa-crime-shkreli/pharma-bro-shkreli-to-be-held-responsible-for-10-4-million-in-losses-u-s-judge-idUSKCN1GA2DB https://www.reuters.com/article/us-usa-crime-shkreli/pharma-... "[U.S. District Judge] Matsumoto said in Monday’s order that under federal law, all of the money that investors put in Shkreli’s funds as a result of his fraud, about $6.4 million, must be considered loss. She also said he should get no credit for paying investors back because he only did so after they became suspicious. "