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FILE - In this Aug. 15, 2017 file photo, Martin Shkreli is interviewed by Maria Bartiromo during her "Mornings with Maria Bartiromo" program on the Fox Business Network, in New York.  A federal appeals court in New York City is considering whether the securities fraud conviction against Shkreli, the former drug company executive known as “Pharma Bro” should be thrown out. An attorney Shkreli urged the court to overturn a 2017 guilty verdict for Shkreli, claiming the trial judge gave confusing instructions to the jury about the law. A prosecutor insisted the instructions were proper. (AP Photo/Richard Drew, File)

FILE - In this Aug. 15, 2017 file photo, Martin Shkreli is interviewed by Maria Bartiromo during her "Mornings with Maria Bartiromo" program on the Fox Business Network, in New York. A federal appeals court in New York City is considering whether the securities fraud conviction against Shkreli, the former drug company executive known as “Pharma Bro” should be thrown out. An attorney Shkreli urged the court to overturn a 2017 guilty verdict for Shkreli, claiming the trial judge gave confusing instructions to the jury about the law. A prosecutor insisted the instructions were proper. (AP Photo/Richard Drew, File)

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