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Daily Archives: June 4, 2021
Saipem Adds Acteon to French Offshore Wind Team – Offshore WIND
Posted: June 4, 2021 at 3:25 pm
Marine energy and infrastructure services company Acteon has secured an integrated project with Saipem for casing installation and drilling support on the Calvados (Courseulles-sur-Mer) wind farm offshore France.
The contract was signed by LDD, a product and service line brand in the Acteon foundations and cables segment, and will be managed by the Acteon integrated solutions (AIS) team.
The Calvados development is a 450 MW offshore wind farm under construction near Caen being developed by olien Maritime France (EMF) and wpd. EMF is a consortium of EDF Renewables, Enbridge Inc., and CPP Investments.
The project scope for Acteon includes creating 64 open-hole sockets for casing installation; providing a bespoke drilling system to suit the socket specifications; and providing a drilling leader tower to support drilling activities and casing installation.
Acteon will also supply ancillary items including a spoil handling system, a soil swivel, sonar surveys, a casing handling system, a carriage guide assembly, and a drill bit jetting system. The equipment spreads will be optimised to suit the client-supplied vessel.
AIS will be responsible for the project management. Project delivery will be supported by Acteons strategic business segments and product and service line brands 2H, Claxton, LDD and UTEC.
The engineering and tooling phase has commenced, and offshore operations are scheduled to start in the first quarter of 2022.
We are delighted to be supporting Saipem on this high-profile project, said Mathias Bruneau, executive vice president AIS.
The role of AIS is to project manage and integrate all the necessary products and services within the Acteon group and to provide Saipem with a single interface, which will boost project efficiency and repeatability through leaner operations.
TheCalvadosoffshore wind farm will consist of 64 Siemens Gamesa SWT-7.0-154 Direct Drive wind turbines located 16 kilometres off the French coast in water depths ranging from 22 to 31 metres.
Earlier this year, Eoliennes Offshore du Calvados (EODC) awarded Italys Saipem with an EUR 460 million contract to deliver the wind turbine foundations for the wind farm.
The wind farms transition pieces will be manufactured by Bladt Industries.
The project entered the construction phase in February. The commissioning of the EUR 2 billion wind farm is scheduled for 2024.
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The Intercollegiate Offshore Regatta is on for 2021 – Sail World
Posted: at 3:25 pm
by Storm Trysail Club 4 Jun 11:32 PDT 9-10 October 2021
Storm Trysail Club and Larchmont Yacht Club are pleased to announce that the Intercollegiate Offshore Regatta Presented by ShopRite of Carteret is on for Columbus Day Weekend 2021.
The eagerly anticipated return after so many pandemic cancellations is welcomed by the teams, clubs, and volunteers.
"There is great interest on the schools' behalf as much of the college sailing season was canceled last year - including our event," says IOR Co-Chair Doug Lynn. "All schools who originally committed to the event last year are planning to attend this year and there is still space for more."
The event is by invitation only and provides an opportunity for the predominantly dinghy-focused college sailors to experience big boat sailing - which is unavailable to many college teams.
Hosted by Larchmont Yacht Club October 9 - 10, 2021 with a practice day on October 8th, the provided boats range from one-designs like J/105s, J/109s, and J/44s to competitive racing machines that frequently spend the season racing all over the Northeast. Boats are volunteered by local sailors and one representative for the boats competes onboard with the sailors serving as a safety officer.
In 2019, a total of 48 boats with over 350 collegiate sailors participated in one of the largest turnouts in the event's almost 50-year history. Forty-two colleges were represented, and six colleges sailed on two boats. "We expect at least 50 schools to attend this year with some fielding two teams," says Lynn's co-chair Ann Myer. "New this year, we are adding a J/88 and a Figaro class to the lineup."
In addition to great race management, sailors will also be welcomed to the social events at Larchmont Yacht Club that also have come to epitomize the IOR.
"We love hosting the young sailors and all the volunteers here at Larchmont Yacht Club," says LYC Commodore Rob Dailey. "Creating opportunities for young sailors and veterans alike to network and have a new experience is a great way to cap off a season."
"This event relies on the volunteers to make it happen," says Storm Trysail Commodore Ed Cesare. "Larchmont Yacht Club as the host, the Race Committee, and especially all the boat owners who understand the importance of fostering the next generation of offshore sailors."
Teams interested in an invitation should contact the race organizers along with any boat owners interested in being a part of the event with the organizers yet should contact . The Notice of Race will be posted here in the late summer.
A special thanks to the committed sponsors for 2021, ShopRite of Carteret, Helly Hansen, UK Sailmakers Northeast and Dimension Polyant. If your business is interested in supporting, contact
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Offshore Wind Power Market to Reach a Capacity of 94 GW by 2026 – GlobeNewswire
Posted: at 3:25 pm
Pune, India, June 01, 2021 (GLOBE NEWSWIRE) -- The global offshore wind power market size is anticipated to reach a capacity of approximately 94 GW by 2026, exhibiting a CAGR of 19.2% during the forecast period. The growth is primarily attributable to the rising investments in wind power projects. Favorable government policies are also complementing the market growth. Fortune Business Insights has presented this information in their report titled, Offshore Wind Power Market, 2019-2026. The market size stood at 23 GW in 2018.
Offshore wind power is one of the most valuable renewable energy sources worldwide. The market has gradually been gaining traction and is expected to witness substantial growth in the forthcoming years. The global market comprises countries like U.K., Denmark, Germany, China, and Belgium as the leading territories.
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COVID-19 Impact-
The coronavirus pandemic has restrained the growth of many industries and markets, including the offshore wind power market. The pandemic has resulted in a decline in power consumption as many industries remain shut due to lockdowns, curfews, and social distancing norms. The pandemic has delayed projects, and the investments have also declined, inflicting a negative impact on the market. However, favorable government policies regarding wind energy production are expected to attract investments in the upcoming years. The reduction in the cost of wind power is also expected to propel the market growth post-pandemic.
Segmentation-
Based on the installation, the market divides into floating structures and fixed structures. On the basis of water depth, the market bifurcates into above 30m and up to 30m. Based on capacity, the market trifurcates into Above 5MW, 3MW to 5MW, and up to 3MW. Geographically, the market is categorized into prominent countries; U.K., China, Belgium, Denmark, Germany, Netherlands, U.S., Sweden, Netherlands, Vietnam, Spain, South Korea, France, Japan, Ireland, and the Rest of the World.
Report Coverage-
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Drivers & Restraints-
Rising Investments to Augment Market Growth
As the world has limited supplies of non-renewable energy sources, it has become crucial to adopt renewable energy sources. Evolution in energy and power generation through technology has paved new ways for the offshore wind energy industry to grow. Several countries are formulating favorable government rules and regulations that are anticipated to drive the market growth further. Additionally, the installation costs have declined as the efficiency of offshore wind energy units has improved due to advance technology. Increasing investments in the sector will further propel market growth.
However, high maintenance costs are likely to act as a restraint to offshore wind power market growth.
Regional Insights-
China to Emerge as Global Leader
The U.K. currently accounts for holding the lions share in the global installed offshore wind power market. China is anticipated to emerge as a global leader due to upcoming projects and ongoing construction projects. China had reportedly installed about 40% of the global offshore wind energy in 2018. The trend is likely to surge in the upcoming years, and China will likely hold the highest offshore wind power market share. Countries like India, Japan, Taiwan, U.S., and Vietnam are a few emerging countries in the global market.
Competitive Landscape-
Strategic Collaborations to Offer Lucrative Growth Opportunities
In the highly fragmented landscape of the offshore wind energy industry, key players are focusing on innovating product offerings and introducing products that convey more efficiency and incur low installation and maintenance costs. Major players are adopting collaboration and partnerships in order to strengthen their market position. For instance, Senvion S.A. collaborated with Renexia to install 30 MW offshore wind farms in the Italian Mediterranean Sea in March 2019.
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Industry Developments-
Key Players in the Global Offshore Wind Power Market are:
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Major Table of Contents:
TOC Continued!
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Transformative Deal: Hibiscus to Pay $212.5M for Repsol’s Offshore Blocks in Vietnam and Malaysia 2 – Offshore Engineer
Posted: at 3:25 pm
Malaysian oil and gas company Hibiscus Petroleum has confirmed it has agreed to buy Repsols interest in oil and gas assets in Malaysia and Vietnam for $212.5 million.
The announcement comes after Repsol earlier this week announced the sale to Hibiscus, to focus on core markets, without sharing financial details.
In a stock exchange announcement Friday, Hibiscus said it would pay $212.5 million to Repsol for the acquisition of Repsol's subsidiary Fortuna International Petroleum Corporation, which owns stakes in four offshore blocks in Malaysia and one in Vietnam.
The transaction includes a 35% interest in PM3 CAA PSC, 60% in 2012 Kinabalu Oil PSC, 60% in PM305 PSC, 60 % in PM314 PSC, and 70% in Block 46 CN in Vietnam (a tie-back asset to the PM3 CAA production facilities).
Hibiscus described the acquisition as transformative, as it will significantly boost its oil and gas production. The Malaysian oil firm expects daily oil and condensate production will more than double from 9,000 barrels per day to 18,500 barrels per day in 2022.
Daily gas production will grow from 2 MMscf per day to 49 MMscf per day in 2022, and 2P oil and condensate reserves as at 1 January 2021 will increase from 46 MMbbl to 67 MMbbl.Credit: Repsol
Its 2P gas reserves as at January 1, 2021, will grow from 9 Bscf to 93 Bscf. "The company anticipates completing the transaction in CY2021. However, given that the effective date of the Proposed Acquisition is 1 January 2021, all economic benefits and risks from that date will accrue to Hibiscus Petroleum, Hibiscus Petroleum said.
Hibiscus EnegManaging Director, Dr Kenneth Pereira, said, We are pleased to announce that after an international, competitive bidding process, we have been selected by Repsol to acquire their Malaysian and Block 46 Vietnam assets. "We would like to thank the Repsol organization and their advisors, J.P. Morgan for a well-managed process to-date.
As far as the assets are concerned, we have previously demonstrated our capability in enhancing value from acquired mature fields in Malaysia and the United Kingdom and we are motivated to repeat past, positive experiences, here.
Once completed, this acquisition will be transformational for us and bodes well for the business trajectory of Hibiscus Petroleum into its next phase of growth. I would like to add that we have a very high regard for the team at Repsol and we are looking forward to welcoming them into the Hibiscus family and working with them to further monetize opportunities within the assets."Credit: Repsol
"We would also like to place on record our thanks to industry regulators both in Malaysia and Vietnam for giving us the opportunity to acquire these assets and we look forward to strengthening our current partnership with Petronas and Petronas Carigali.
Finally, we will be enhancing our geographical footprint and entering Vietnam and thus we look forward to developing a strong working relationship with PetroVietnam, both as a regulator and as our new partner.
These assets represent approximately 2% of Repsols global current net output. Repsol said earlier this week that it would use funds raised from the transaction as well as the resulting capex savings to fund core projects and new low-carbon initiatives.
As for Hibiscus, the company seems to be putting words into action after it in August 2020 said it was looking to expand its asset portfolio through acquisitions of assets with strong production potential.
Hibiscus, which owns offshore oil fields in Malaysia, Australia, and the UK North Sea, said at the time it saw an opportunity in assets that have lost some value due the oil market downturn, as well as in the fact that large players are assessing their portfolios with a view to potentially divest.
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Offshore breakwater project yet to take off – The New Indian Express
Posted: at 3:25 pm
Express News Service
THIRUVANANTHAPURAM: The pilot 700-metre-long breakwater project from Poonthura toShankhumukham stalled becauseof Covid. The material was originally planned to be brought from China, but with imports from the neighbouring country banned, agency entrusted with the work is now trying to bring it from Thailand or Malaysia.Since the structure has to be constructed in open sea, work can start only after monsoon now, say officials
Sea erosion is turning catastrophic for a large section of the people living along the shoreline across Kerala, but the changing governments have failed to protect these thickly populated areas scientifically despite the enormous damage inflicted already. The much-hyped offshore breakwater project initiated by the state government at Poonthura in Thiruvananthapuram -- one of the badly-hit districts -- during its previous term remains a nonstarter despite rough sea, monsoon and cyclones displacing families and swallowing properties.
Ever since Ockhi, cyclonic storms are becoming a regular affair and the state is ill-prepared to handle such climatic events.In the past three to four years, the coastal areas have been witnessing immense damage owing to coastal erosion and the departments are still ill-prepared to reduce the impact of natural disasters due to lack of experience.
It has been nearly two years since the state government came up with the offshore breakwater project on a pilot basis at Poonthura as an intervention to prevent sea erosion. The Kerala State Coastal Area Development Corporation (KSCADC), the SPV entrusted with the project, signed an agreement with an agency already but owing to pandemic-related hurdles, the project is progressing at a snails pace.
The state government has earmarked `19 crore for the project, which is being implemented with the technical support of the National Institute of Ocean Technology (NIOT) that carried out a model study for the project.
We couldnt begin the project as planned owing to the pandemic. Also, we got the final nod from the government very recently. This is the first offshore breakwater project and it would be constructed 125 metres into the sea. Its impossible to carry out the construction during monsoon or rough sea conditions. Hence, we have to wait longer as the monsoon is already here. We hope to begin the work by August, said a senior official associated with the project.
The plan is to construct a 700-metre-long breakwater extending along Poonthura-Valiyathura- Beemapally-Shankhumukham. The material for the construction was planned to be sourced from China. The samples had already arrived. These are being studied by IIT Madras. It would take another week to complete the study. With imports from China stalled, the agency would be sourcing the material from Thailand or Malaysia, said the official.
Mumbai-based DVP GCC Joint Ventures is the agency executing the pilot project at Poonthura.The plan is to construct an offshore breakwater using geotubes of 5m diameter along the 700-metre-long coastline.The work has to be done in the open sea and requires heavy machinery which would be brought by the agency soon. The offshore project undertaken at Tamil Nadu has been a huge success, said an official. The plan is to complete the project within six months.
Once the work takes off, the project would be completed within six months. NIOT would be continuously monitoring and studying the impact of this project. We will be able to replicate it in other locations across the state but location-specific study has to be undertaken to ensure the project is feasible, the official added.The state government had allocated `150 crore for executing offshore breakwater projects in the state.However, no structure has come up on the ground. The new LDF government has announced a whopping `5,000 crore for shore protection.
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Five North of Tyne Innovators to Pitch to Equinor, EDF Renewables – Offshore WIND
Posted: at 3:25 pm
Five companies operating in the North of Tyne region have been selected to showcase their innovative technologies to offshore wind industry players Equinor and EDF Renewables as part of the Technology, Innovation and Green Growth for Offshore Renewables (TIGGOR) programme.
The successful companies Transmission Dynamics, Kinewell Energy, SMD, Trident Dynamics, and Unasys will receive a share of GBP 1.7 million in match funding made available through the first round of the TIGGOR programmes technology demonstration strand, funded by the North of Tyne Combined Authority (NTCA) as part of its wider Energy, Green Growth and Climate Change commitments.
NTCA has partnered with the Offshore Renewable Energy (ORE) Catapult, which is delivering the programme on its behalf.
The companies applied for support to accelerate innovative technology concepts in key areas of operations and maintenance for offshore wind, including remotely operated vehicles (ROVs), digital twins, cable arrays and sensors.
They will each now demonstrate their technologies to specialists at Equinor, joint venture partner and future operator of Dogger Bank Wind Farm, and EDF Renewables, which owns and operates the Blyth Offshore Demonstrator wind farm.
In turn, these offshore wind owner/operators will provide technology assessment and advice on how these technologies could be applied to offshore wind.
As we build up our operations for Dogger Bank from the Port of Tyne, digitalisation and innovation remain at the core of our operations strategy, Andrew Saunders, Dogger Bank Operations & Maintenance Leader at Equinor, said.
We know the North East has a lot to offer and were delighted to collaborate with North of Tyne Combined Authority, ORE Catapult and EDF Renewables to deliver this important programme with innovative businesses in the region. Congratulations to the successful companies and we look forward to working with them as a technical advisor to the programme!
ORE Catapult will also provide direct support, including access to test and demonstration facilities at its National Renewable Energy Centre in Blyth.
Michele Schiavone, Director of Offshore Wind at EDF Renewables UK, said: We are excited to see these new innovative technologies and how they can be used in future offshore wind farms. Offshore wind is something we are already developing with our Neart na Gaoithe project in Scotland and Codling in Ireland. We are committed to using local content as weve already demonstrated and we are keen to have more offshore projects to help accelerate to net zero.
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Five North of Tyne Innovators to Pitch to Equinor, EDF Renewables - Offshore WIND
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Boosting investments in deepwater exploration offshore Trinidad and Tobago could reverse negative production trend after 2024, says GlobalData -…
Posted: at 3:25 pm
Production of natural gas, the main commodity in Trinidad and Tobago (T&T), has been declining ever since 2015. Future gas output is projected to stay below 2017 numbers and then decline at a higher rate after 2024. In order to maintain the same level of production in the mid-term, the country needs to stimulate the exploration sector and pour investments in less explored areas such as deepwater offshore T&T, says GlobalData, a leading data and analytics company.
According to GlobalDatas latest report, Trinidad and Tobago Exploration & Production, 2021, natural gas production in T&T is expected to grow by an average of 2% in the next three years and reach over 3,400 million cubic feet per day (mmcfd). However, in 2024, production will start declining at a rate of 3% to a value of 3,200 mmcfd in 2025, assuming no new projects are brought online to compensate.
Svetlana Doh, Upstream Oil & Gas Analyst at GlobalData, comments: There are ten planned or announced projects expected to come online between 2020 and 2024, which will gradually supply 150 mmcfd of natural gas in 2021 and almost 1.1 bcfd in 2025. The largest production growth is coming from offshore Colibri and Matapal fields, operated by Royal Dutch Shell and BP, respectively. Both assets account for almost 43% of overall additional production from future fields. However, it will barely compensate for the declining production from mature fields, causing the countrys overall gas production to decline after 2024.
With respect to exploration, there were seven discovery wells drilled in 2019 and three wells drilled in 2020 with various level of success. For instance, two onshore wells, Cascadura Deep-1 and Chinook-1, spudded in 2020 by Touchstone Exploration in the Ortoire exploration block, encountered significant hydrocarbon reservoirs and their drilling results exceeded pre-drill expectations. However, for another T&T producer, BHP, exploration program in the so-called Southern License was not as encouraging, because the first exploration well, Broadside-1, did not encounter any hydrocarbons and was plugged. The company is going to relinquish its two blocks due to unsuccessful exploration results.
Doh adds: Since most developed and undeveloped shallow water blocks are already licensed, the upside potential is expected to come from the deepwater acreage that is offered in the 2020 deepwater competitive bid round. However, the fact that the 2020 deepwater bidding round was postponed and will see further delays due to the sudden death of T&Ts energy minister, Franklin Khan, earlier this year, will have a negative impact on the countrys production trend. Ultimately, continued investment will be needed in new exploration drilling in order not only to keep production growing, but constant.Source: GlobalData
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Lorraine Reich: It’s more than corporate money in elections – The Union of Grass Valley
Posted: at 3:24 pm
Here we go again. The corporate influence on elections and public policies is again in the news.
The 2021 version centers on major corporations speaking out against proposed and passed voter-suppression laws in Georgia and elsewhere.
When some corporations suspended contributions to Republican politicians who voted against certifying Bidens election, the GOP expressed outrage that corporations dared to take political positions against them.
The GOP simultaneously bemoaned the prospect that the tsunami of corporate campaign contributions might be cut off or reduced. Just shut up and donate, was the message from Mitch McConnell.
My warning to corporate America is to stay out of politics, but Im not talking about political contributions, he stated in response to Coca-Cola, Delta Airlines and other national and transnational corporations that criticized new voter-suppression laws across the country. This is a brand new same old story.
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Remember the Supreme Courts 2010 Citizens United decision, which entrenched the notion that money is First Amendment protected free speech? This ruling allowed individuals and corporations to legally spend vast amounts of money in elections, much of it on attack ads targeting candidates on issues the funders oppose.
This decision incensed the public, which feared that the megaphone of mega money would drown out the voices of the vast majority of individuals who dont make big donations.
Here we are again. The public is justly critical of the massive hypocrisy displayed by Mitch and his GOP cohorts who welcome the cascade of corporate and CEO cash, while simultaneously expressing indignation when their corporate donors express political free speech opinions the GOP does not like.
Recall that the GOP did not attack corporate so-called free speech rights when corporations released press statements supporting the 2017 tax cut legislation for corporations and the wealthy.
As with Citizens United, the hypocritical application of the court invented so-called corporate free speech rights invites us to expose and abolish the totality and illegitimacy of anti-democratic corporate constitutional rights.
But even if corporate political free speech rights is abolished, corporate entities will still possess other century-old Supreme Court-invented anti-democratic constitutional rights that shield them from public accountability, and gives them undue political power and ensures that corporate profits preempt the rights of individuals, communities and even the natural world.
Among these never-intended corporate constitutional rights:
First Amendment right not to speak used to overturn state laws requiring the labeling of a dangerous ingredient on food products and chemicals determined to cause cancer.
Fourth Amendment search and seizure rights used to prevent surprise inspections of corporate property, even routine inspections, removing the ability of inspectors to detect dangerous conditions (food contamination, dangerous working conditions) before they are temporarily removed or covered up.
Fifth Amendment takings rights used to overturn public regulations that protect private property from corporate actions. Fossil fuel corporations would undoubtedly challenge laws to keep fossil fuels in the ground to prevent impending climate collapse as a taking of corporate property without just compensation.
Fourteenth Amendment equal protection rights used to overturn laws providing protection to local businesses (and local economies) over chain stores, and due process rights used to overturn over 200 state and federal economic regulations.
The corporate hijacking of these constitutional amendments provide business corporations overwhelming unaccountable power to overturn democratically enacted laws at every level of government.
The solution is the We the People Amendment (HJR 48), recently introduced by Rep. Pramila Jayapal, D-Wash., with 56 House co-sponsors. The constitutional amendment would abolish both the money equals speech and corporate constitutional rights doctrines.
Its a response to the fundamental truth that solutions must be equivalent in scale to problems, which in this case are the massive corrupting influences of money in elections from the super rich and corporate control over so many aspects of our lives, as well as plundering of the natural world.
Corporations shouldnt be allowed to meddle in elections. Its up to human persons to fundamentally define what our legal creations can and cannot do. Enactment of the We the People Amendment is a necessary and urgent step toward authentic democracy for all people. Support HJR 48 by calling your congressman and senator today!
Lorraine Reich is a member of Move to Amend, Nevada County.
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Lorraine Reich: It's more than corporate money in elections - The Union of Grass Valley
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Pharma Bro Martin Shkreli Gets a Slap on the Wrist for Using Contraband Phone to Discuss Pharma Business Behind Bars – Law & Crime
Posted: at 3:24 pm
Ex-pharmaceutical executive Martin Shkreli speaks to the press in front of U.S. District Court for the Eastern District of New York with members of his legal team after the jury issued a verdict on Aug. 4, 2017.
Not even a seven-year sentence for securities fraud can keep Martin Shkreli from allegedly engaging in the machinations that earned him the nickname Pharma Bro.
In a ruling on Tuesday, a federal judge found that Shkreli used a contraband phone to communicate with his associates in the company behind Daraprim, the live-saving drug whose price he jacked up 40-fold roughly half a decade ago.
After the drug went from $13.50 per tablet to $500 overnight, Shkreli was criminally prosecuted for an unrelated Ponzi-like scheme involving investors in another drug company, Retrophin.
After a federal jury convicted him of securities fraud charges, state and federal regulators piled on civil antitrust charges revived from the old Daraprim scandal. Those accusations could lead to Shkrelis lifetime ban from the pharmaceutical industry.
En route to trial, the Federal Trade Commission and multiple attorneys general asked U.S. District Judge Denise Cote to sanction Shkreli for destroying evidence. They asked the judge to effectively decide the cases major issues in their favor before a trial, seeking judicial findings that Shkreli was continuously involved in Vyera and Phoenixuss business from 2015 to present, communicated with Vyera executives about company business from prison, and engaged in the challenged conduct to restrain generic entry into the Daraprim market.
Refusing to go quite so far, Judge Cote made clear that she agreed with at least some of the regulators allegations about Shkrelis handling of the evidence.
The plaintiffs have shown that Shkreli has used a prison phone to discuss highly relevant company business and that he knew in doing so that those communications should have been but would not be preserved, the 11-page ruling states. Shkrelis use of the prison phone to discuss business development constitutes intentional spoliation and warrants sanctions.
The business communications at issue have to do with the company Vyera, the rebranded name of the company behind Shkrelis price hike of Daraprim, Turing Pharmaceuticals. Phoenixus is the parent company of Vyera. Shkreli founded the company.
Vyera executive Akeel Mithani testified that he communicated with Shkreli about business development from the end of 2018 through February 2019, while Shkreli was incarcerated inside a low-security prison in Allenwood, Pennsylvania.
Some of those communications took place over the encrypted messaging platform WhatsApp, Mithani testified.
Kevin Mulleady, an owner and former director of Vyera, produced two text messages that he received from a still-incarcerated Shkreli in October 2017, some two months after the reputed Pharma Bros conviction.
When asked during a deposition earlier this year whether he had a cell phone in prison, Shkreli invoked his Fifth Amendment right against self-incrimination, according to the ruling.
The plaintiffs have been prejudiced by Shkrelis conduct because they do not have access to messages about Vyera that Shkreli sent and received while in prison, Judge Cote found, opting for the lighter sanctions Shkreli proposed rather than what regulators requested.
In an exercise of discretion, however, this Court declines to impose the plaintiffs proposed sanctions, her ruling states. As a result, Shkrelis proposed sanction that he be precluded from introducing any argument or evidence contrary to the presumption that he communicated with Mr. Mulleady and Mr. Mithani about company business from prison is adopted.
Cote declined to find that Vyera fell short in failing to preserve Shkrelis messages by wiping his company-issued iPhone during a factory reset between 2016 and 2017, after regulators placed a preservation notice.
Although it is undisputed that the Shkreli phone was subject to a factory reset in or around 2016-2017, Vyera has represented that it automatically backs up employee messages to iCloud, Judge Cote found. No party has suggested that that back up would not include text messages Shkreli sent and received using the Shkreli Phone. Counsel for Vyera will be required to confirm that an appropriate search has been conducted for these messages and that any relevant communications have been produced.
Cote directed Vyera to file a letter stating whether it searched the companys iCloud backup to or from the Shkreli phone.
Shkrelis lawyer did not immediately respond to an email requesting comment.
Read the ruling below:
(Photo by Spencer Platt/Getty Images)
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Pharma Bro Martin Shkreli Gets a Slap on the Wrist for Using Contraband Phone to Discuss Pharma Business Behind Bars - Law & Crime
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Imprisoned Felon Martin Shkreli Busted For Using Contraband Phone To Discuss Pharma Business With Associates Following Daraprim Scandal – Radar Online
Posted: at 3:24 pm
Imprisoned felon Martin Shkreli nicknamed "Pharma Bro" was busted for using a contraband phone to discuss pharmaceutical industry business matters with associates from behind bars.
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U.S. District JudgeDenise Cote made the ruling on Tuesday, saying the 38-year-old widely disdained ex-pharmaceutical executive used the contraband phone to communicate with former Vyera Pharmaceuticals colleagues.
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Shkreli founded Phoenixus, the parent company of Vyera, which is the rebranded name of Turing Pharmaceuticals. It's the company behind the overnight price hike of the life-saving antiparasitic medication, Daraprim, whose cost Shkreli jacked up from $13.50 per tablet to over $500 per tablet in 2015.
"The plaintiffs have shown that Shkreli has used a prison phone to discuss highly relevant company business and that he knew in doing so that those communications should have been but would not be preserved," Cote's 11-page ruling states. "Shkreli's use of the prison phone to discuss business development constitutes intentional spoliation and warrants sanctions."
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Two Vyera executives testified that they were in communication with Shkreli from 2017 to 2019 while the reputed Pharma Bro was incarcerated at a low-security prison in Allenwood, Pennsylvania.
Akeel Mithanisaid he communicated with Shkreli about business development from the end of 2018 through February 2019, sometimes using the encrypted messaging platform, WhatsApp, while Kevin Mulleady provided two text messages he received from Shkreli in October 2017.
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When asked during a deposition earlier this year whether he had a contraband phone in his procession or had access to one in prison, Shkreli invoked his Fifth Amendment right.
"The plaintiffs have been prejudiced by Shkreli's conduct because they do not have access to messages about Vyera that Shkreli sent and received while in prison," Cote said. "In an exercise of discretion, however, this Court declines to impose the plaintiffs' proposed sanctions. As a result, Shkreli's proposed sanction that he be precluded from introducing any argument or evidence contrary to the presumption that he communicated with Mr. Mulleady and Mr. Mithani about company business from prison is adopted."
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Cote did not find that Vyera as a company fell short in failing to preserve Shkreli's messages by wiping his company-issued iPhone during a factory reset, even after regulators implemented a preservation notice; however, she did order Vyera to file a letter stating whether it searched for the messages in the company's iCloud backup.
"Although it is undisputed that the Shkreli phone was subject to a factory reset in or around 2016-2017, Vyera has represented that it automatically backs up employee messages to iCloud," she said. "No party has suggested that that back up would not include text messages Shkreli sent and received using the Shkreli Phone. Counsel for Vyera will be required to confirm that an appropriate search has been conducted for these messages and that any relevant communications have been produced."
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After a federal jury convicted Shkreli in 2017 of securities fraud for an unrelated "Ponzi-like scheme" involving investors in another drug company, Retrophin, he was slapped with additional civil antitrust charges in connection to the Daraprim scandal.
Those accusations, says Law & Crime, could lead to Shkreli'slifetime banfrom the pharmaceutical industry.
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