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Shkreli's Sentence Shows Risks Of Open Defiance

Publisher: Law360
March 13, 2018

Dan Wenner was quoted in an article, "Shkreli's Sentence Shows Risks Of Open Defiance," published by Law360. In the wake of Martin Shkreli's sentencing to seven years in prison for his interrelated securities fraud schemes, the article focuses on the potential consequences criminal defendants face when speaking out about their cases. As noted in the article, Shkreli indicated remorse in a letter to U.S. District Judge Kiyo Matsumoto at his sentencing hearing; however, the Judge made clear that other statements Shkreli made in emails and elsewhere that minimized his conduct warranted a stiff prison term. The article also cites that Shkreli's attorney, Benjamin Brafman, advised his client not to speak publicly about the case until it was resolved but Shkreli disregarded the advice, prompting Brafman's quip at sentencing that sometimes he wants to comfort Shkreli, "and there are times that I want to punch him in the face." Wenner told Law360 it's really challenging to have a client who disregards your advice, especially so publicly. Further, he said, "It's almost an innate quality of people that they think the way to avoid getting into trouble is a denial of responsibility." Wenner noted that kind of belief, that a way to avoid a repercussion is to dispute misbehavior, is very hard to overcome with certain individuals. "It's just really hard. I would commend Mr. Brafman for not having punched [Shkreli] in the nose," he said. "His out-of-court conduct while he was on pretrial release and even in the wake of his conviction was an extraordinary challenge, I'm sure."


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