Last Friday an attorney who faces a criminal jury trial for conspiracy to defraud investors in a biopharmaceutical company called Retrophin Inc. asked a Brooklyn federal Court Judge to dismiss that charge because his alleged co-conspirator was exonerated by a jury on the same charge. Attorney Evan Greebel of Gibson, Dunn & Crutcher was alleged to have conspired with Martin Shkreli to commit securities fraud and wire fraud related to Retrophin. However, Shkreli who was supposedly the dominant conspirator, was found innocent of that charge. Greebel's attorneys argued that the prosecution should not be allowed to argue to the jury that Shkreli was a co-conspirator when that very argument has already been rejected by a jury.

Judge Kiyo Matsumoto deferred a decision on the motion to dismiss stating she would wait til the prosecution had finished presenting its case to the jury pointing out: "the government had said it has evidence that it didn't present at Shkreli's trial."