Imprisoned Martin Shkreli, aka “Pharma Boy,” is now facing a ruling by a federal judge that orders him to be banned “for life” from the drug industry plus pay fines of $64.6 million to seven states. The order follows the infamous trial where then-CEO Shkreli and company Vyera Pharmaceuticals were found guilty of wildly overpricing the life-saving drug Daraprim, while simultaneously illegally blocking all generic competition.
Included in the FTC lawsuit were the states California, Illinois, New York, North Carolina, Ohio, Pennsylvania and Virginia. The judge found both Vyera Pharmaceuticals and Shkreli guilty of violating numerous federal and state laws while safeguarding their company's profits created by being the only manufacturer of the approved drug Daraprim.
US District Court of Manhattan Judge Denise Cote ordered the hefty fine and Shkreli’s lifetime ban from working in the drug industry after the conclusion of the trial brought by the US Federal Trade Commission plus seven states.
In her 130-page decision, Judge Cote said Shkreli, acting then as the CEO of Vyera Pharmaceuticals, created two companies called Vyera and Retrophin, that created a monopoly to block all competition for the coveted drug.
In the trial, the defendants were also charged by federal regulators with monopolizing Daraprim by withholding samples of the drug, so that no other drug manufacturer could create a generic version of the drug. Both Vyera Pharmaceutical and Shkreli were charged with stopping rivals from securing a key ingredient needed to create Daraprim.
In her legal decision, Judge Cote wrote, "Shkreli's anticompetitive conduct at the expense of the public health was flagrant and reckless. He is unrepentant. Barring him from the opportunity to repeat that conduct is nothing if not in the interest of justice.”
The judge also stated in her decision that Shkreli must be “banned for life” from the drug industry because of the “real danger” he could break the laws again in a similar fashion.
Daraprim treats patients with a potentially fatal infection called toxoplasmosis, which is dangerous for anyone with people who suffer from weakened immune systems. Patients most likely to need Daraprim include pregnant women, infants, and people suffering from HIV.
At the time, in 2015, Shkreli hiked the price of Daraprim from about $17.50 per pill to $750 per pill. Vyera Pharmaceuticals was then the only drug company approved to manufacture Daraprim.
Last month, the FTC and the seven states received a $40 million settlement from Vyera Pharmaceuticals, plus a seven-year ban of Shkreli’s former partner Kevin Mulleady from working in the pharmaceutical industry.
Regarding her order that Shkreli is banned from working in the drug industry for life, Judge Cole stated, “Shkreli’s egregious, deliberate, repetitive, long-running, and ultimately dangerous illegal conduct warrants imposition of an injunction of this scope.”
Currently, Shkreli is serving a prison sentence of seven years for securities fraud. In 2016, he was charged with defrauding investors in several hedge funds, among other charges. He was then ordered to pay $7.4 million as part of his criminal conviction.
His prison sentence is due to end in November 2022.
Shkreli’s attorneys have not commented yet on the decision.