> What about the fact that Holmes actually lost money for investors and got no jail time. While martin lost no money but got 7 years of jail time.
A few things about this point.
1. Shkreli lost 100% of his original investors' money. He then lied to them all and told them that he doubled it. He then created fake financial statements that he used to raise new money, lying to new investors as well. He also embezzled his hedge fund's money to buy himself Picassos and Wu-Tang albums. After all of that, he undertook a very risky bet that paid off, at which time he paid back his original investors, again lying about what happened.
2. Holmes didn't "get no jail time" since the SEC can't arrest or convict people. They're a civil institution that can only apply civil remedies, like fines and management bans. The Department of Justice is also investigating Theranos and Holmes, it remains to be seen if they will issue criminal indictments. In any case, Holmes is cooperating and had agreed to settle.
3. Shkreli had the chance to settle, plead guilty, admit wrong-doing and avoid jail time. Instead he chose to have a jury trial, where 12 of his peers found him guilty of serious financial crimes that would result in 7 years in prison.