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FTC, Seven States Seek Contempt Finding Against Martin Shkreli Over Alleged Pharma Stock Trading

Published
Score
11

Why it matters

The Federal Trade Commission and a coalition of seven states asked a federal judge in Manhattan on October 13, 2026, to hold Martin Shkreli in civil contempt for violating a 2022 permanent injunction. The FTC and the states allege that since his May 2022 release from prison, Shkreli has traded shares in at least 60 pharmaceutical companies and livestreamed opinions about those firms on YouTube, X and Reddit. The motion, filed in FTC v. Shkreli in the Southern District of New York, asks Judge Denise Cote to order a fine equal to his trading profits since February 4, 2022, and to require forfeiture of those profits and divestment of his current holdings. It also seeks penalties for future violations, which could include incarceration. The coalition includes New York, California, Illinois, North Carolina, Ohio, Pennsylvania and Virginia. California AG Rob Bonta, New York AG Letitia James and Pennsylvania AG Dave Sunday have each announced their participation.

The court has not yet ruled on the motion, and Shkreli's response is not yet public. The central legal question is whether buying, selling and publicly commenting on drug stocks counts as "participating" in the pharmaceutical industry under the injunction. The filing does not resolve that question, and the court will decide it.

The lifetime ban dates to the Daraprim case. Shkreli, known as the "pharma bro," raised the price of the anti-parasitic drug Daraprim from $17.50 to $750 per tablet in 2015, was convicted of fraud in 2017, and was released in 2022. Later that year, the court ordered a lifetime industry ban and disgorgement of more than $64 million. The Second Circuit upheld the injunction in January 2024, and the Supreme Court declined to hear his appeal in October 2024. This is not the first enforcement fight: in 2023 the FTC sought contempt sanctions for his failure to pay a $65 million fine and for not cooperating with an investigation into Druglike, a software company. Attorneys advising clients with pharma-sector exposure, or defendants under similar injunctions, should watch how Judge Cote defines "participating." If she reads the term to cover trading and public commentary, the precedent could reach well beyond this case, and the penalties sought here could include jail time.

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