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.
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.