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> the judge decided to come up with a HYPOTHETICAL loss

The judge issued a 96-page opinion [1] that details his crimes and the sentencing guidelines. It was not an off-the-cuff decision as you're suggesting.

> This seems beyond absurd and as far as I know has no precedence.

Your lack of knowledge on a subject does not make it absurd.

[1] https://martinshkrelilacksjudgment.files.wordpress.com/2018/...

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I never suggested the judges decision was off the cuff, you just made that up. I simply stated that he is doing 7 years for a $10.4M hypothetical loss that never happened.

> hypothetical loss

There were massive losses. It was only after Shkreli's scheme was unraveled and he realized was likely going to prison for his crimes that he gave disgruntled investors Retrophin stock to make up for their losses.

Making things right after being caught committing a crime doesn't make the crime disappear.

Are you saying that the investors money was not actually taken under false pretenses? Because the legal rule, based on precedent, applied was that the value fradulently taken (whether or not later returned) is the “loss amount” for sentencing purposes.

Not disputing that. Just saying there were no ACTUAL losses.

No actual loss because he returned it?

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