Martin Shkreli is losing his grip on a drug company controlled from prison.
Three days after “Pharma Bro” bested a group of shareholders, who tried to seize control of their company Phoenixes by removing their peers from the board, asking them to control their 44-percent stake in the drug company and The more efforts were made, the more he would win the proxy war.
On Thursday, a man owed Shkreli millions asked a Manhattan federal judge not to delay appointing a receiver to liquidate Shkreli’s Phoenix stake.
Dr. Thomas Koestler—who ruled in February 2017 he was owed $2.6 million in consulting services provided to Shkreli’s another pharmaceutical company, Retrophin—even sought to oust Phoenix’s current board. The director cited Shkreli’s victory on Monday against a pair of active investors who
“We note that time is of the essence and there is no reason for further delay,” he said. “It is clear that Mr. Shkreli is active in this business.”
On Monday, former Shkreli confidant and Vera executive Kevin Muledi, along with Jason Aryah, a longtime active investor in the pharmaceutical industry, held a special meeting to ask Phoenix shareholders to replace the current board of directors, which they say. Shkreli is crony.
Muledi and Arya proposed a list of six new directors, which they argued would help turn the company around and eliminate Shkreli’s influence. But each of his candidates suffered a defeat of more than 70 percent, with Shkreli voting his 44 percent stake out of prison.
Although “Pharma Bro” was technically forced by a Brooklyn federal judge to forfeit the shares as part of a punishment for defrauding investors, he was still able to use the shares to vote on the company’s affairs. until they are reassigned.
Manhattan Federal Judge Alison Nathan agreed on July 1 that the stock would be liquidated to pay Shkreli’s debts. But he has yet to appoint a court-ordered receiver to take control of the shares, which are worth an estimated $7.5 million.
Once the sale is complete, the stock title will pass from Shkreli to the new owner, meaning Shkreli stands to lose the next proxy battle.
Whatever happens, Muledi and Aaryah say that they are not going away any time soon.
Both say they are now trying to raise enough money together to make a competitive bid for Shkreli’s stake.
He said he could try to take control of the company by holding another special meeting to oust Shkreli’s board while his shares are in balance – or removed from his control but not yet by anyone else. have been bought, he said.
However, when it comes to buying shares, they are concerned that the company or its directors may offer more.
According to documents reviewed by The Post, anyone who can spend the money is eligible to buy them — even if they’re tight-lipped with Shkreli.
Aryah and Muledi, who say they were unfairly pushed from the Phoenix board by Shkreli, want to expel Shkreli from the company, return the price of the drug Daraprim to Shkreli’s earlier levels, and Shkreli’s supporters. want to take out.
Shkreli, 38, rose to notoriety as Turing’s CEO in 2015 when he raised the price of life-saving AIDS treatment Daraprim from $13.50 to $750 — a 5,000 percent increase. He was later prosecuted for defrauding hedge fund investors, was convicted and sentenced to seven years in prison.
Koestler filed his petition in light of Shkreli’s attorney, Brian Murphy, filing a motion for a 90-day extension that would delay the receiver’s appointment and liquidation.
It has asked the court to appoint Buckley LLP partner and former state and federal prosecutor Daniel Alonso — perhaps best known for his remarks about the Trump Organization on MSNBC — as receivers to sell Shkreli’s shares. in the form of.
Alonso declined to comment, saying he “cannot discuss anything under consideration by the court.”
Murphy did not respond to requests for comment.