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Former Biglaw Partner Challenges Conviction, Alleging Jury Misconduct

Of course they want the verdict overturned.

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Evan Greebel and Martin Shkreli

Former Katten Muchin Rosenman partner Evan Greebel is facing 20 years in prison after he was found guilty of conspiracy to commit securities fraud and conspiracy to commit wire fraud. So it really shouldn’t come as a shock that his lawyers are trying to get his conviction thrown out.

Greebel’s legal troubles arose from his representation of pharmaceutical company Retrophin and now-infamous pharma bro Martin Shkreli from 2012 to 2014. Greebel was convicted of assisting Shkreli in using Retrophin’s assets to pay investors in unrelated hedge funds run by Shkreli through the use of phony settlement and consulting agreements and fraudulently backdating agreements. Now Greebel’s attorneys allege that jury misconduct should void the conviction.

As reported by Law360, Greebel’s attorneys allege that a juror only voted to convict their client after he was threatened and ridiculed by other jurors:

Greebel’s attorneys now say the juror, Desmond Sankar, voted to convict Greebel in response to multiple threats from other jurors.

Jurors ridiculed Sankar, saying he could never be fair and vote to convict Greebel because Sankar is Catholic, the brief said.

Greebel’s legal team cited an apologetic text message sent to Sankar from another juror sent after the first full day of deliberations which read, “I do not feel good about what we the fellow jurors [p]ut you through … [I]t was not fair.”

Sankar now says that Greebel should not have been found guilty.

In addition to threatening Sankar, attorneys also say that the jurors openly discussed the case, contrary to the instructions from district court judge Kiyo Matsumoto:

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Jurors also disregarded Judge Matsumoto’s daily instructions not to discuss the case, the brief said, with several jurors openly talking about their likely vote throughout the trial. According to the brief, at least three jurors apart from Sankar at various times expressed their belief in Greebel’s innocence.

In addition to the jury misconduct, defense attorney filings also seek an acquittal or a new trial due to insufficient evidence, erroneous legal rulings and a failure to turn over exculpatory evidence.

Check out the defense’s filings on the next page.

headshotKathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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