Judge Kiyo Matsumoto remanded Shkreli into custody for offering $5,000 to anyone who could get a lock of hair from Hillary Clinton's head while she is on a book tour. "There has been a danger presented through this post".
He later edited the post, deleted, then posted a message saying he was not encouraging assault.
Prosecutors stated that, despite Shkreli's assertion the post was "satire", it led the Secret Service to expend "significant additional resources to ensure Secretary Clinton's protection".
"I don't think it's deserving of a bail revocation", Bachner said.
But Bachner said that will be hard for prosecutors to prove.
Shkreli's lawyers argued their client was joking and that his offer to pay a bounty for a hair with a follicle was "political satire or strained humor". Other jurors had heard about the bombastic Shkreli's antics with an exclusive Wu-Tang Clan album, which he bought for $2 million in auction and has since held hostage on eBay. But let's be honest: we don't really feel sorry for him.
Like a small child learning from a slightly larger child, Shkreli also attempted to liken his frequent social media blasts to President Donald Trump's "political hyperbole".
And now, His $5 million bail was revoked on September 13 after he posted a Facebook message offering up money in exchange for a strand of Hillary Clinton's hair. I will never kiss their ring or snitch.
Since his arrest in December 2015, he has clashed frequently with critics on social media.
"While Mr. Shkreli's comments were tasteless to many, they were not made in a threatening manner", Brafman said. They said it triggered an investigation by the Secret Service.
"Clearly, you have less of a right to be out [on bail] pending appeal", Lefcourt said. Shkreli faces up to 20 years in prison for his crimes.
After Matsumoto initially declared that she was statutorily mandated to remand, Brafman begged her to wait until next Monday to rule and give the Shkreli team time to clean up his Facebook post's mess and to give Shkreli "a chance to be more appropriate".