3 ms·
As a quick first pass at this, it looks like Shkreli was convicted of 2 counts of securities fraud (15 USC § 78j) and 1 count of conspiracy to commit wire fraud
by techman9 9y ago
As a quick first pass at this, it looks like Shkreli was convicted of 2 counts of securities fraud (15 USC § 78j) and 1 count of conspiracy to commit wire fraud (18 USC § 1343) [0][1]. According to the US Sentencing Guidelines[2] §2B1.1, each offense of securities fraud carries, conservatively, 6 points, plus let's say 4 additional points under §2B1.1(19) for being an officer or broker, which it's my understanding he was. Let's ignore the fact that this fraud deals with potentially millions of dollars, and how that increases the number of sentencing points. Let's just say the conspiracy conviction carries the same penalty (although it seems like it could actually be higher, but not sure).
This all adds up to 30 sentencing points, which carries a recommended sentence of 97 to 121 months in federal prison under the US sentencing table [3].
A 7 year sentence (84 months) in prison doesn't seem cruel or unusual by any stretch of the imagination, and if anything seems like he got off easy. The judge didn't have it out for him, he committed a serious crime, was found guilty by a jury of his peers, and is now going to serve serious federal time for it. He broke the law and knew what he was doing. Maybe the guidelines are harsh, but that's way our laws our written. Take it up with congress.
[0] http://money.cnn.com/2017/08/04/news/martin-shkreli-verdict/index.html http://money.cnn.com/2017/08/04/news/martin-shkreli-verdict/...
[1] https://www.scribd.com/doc/293530336/1-main https://www.scribd.com/doc/293530336/1-main
[2] https://www.ussc.gov/guidelines/2016-guidelines-manual/2016-chapter-2-c#NaN https://www.ussc.gov/guidelines/2016-guidelines-manual/2016-...
[3] https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2016/Sentencing_Table.pdf https://www.ussc.gov/sites/default/files/pdf/guidelines-manu...
- techman9 9y agoExcuse me, the first statue should be 18 USC § 1348, not 15 USC.