“Pharma Bro” Martin Shkreli ordered to turn over all copies of unreleased Wu-Tang Clan album
A judge has ruled that Martin Shkreli must forfeit all digital copies of the album by Friday, after he had to give up the physical version in 2018
A federal judge has ordered Martin Shkreli to give up all digital copies of a rare, unreleased album by Wu-Tang Clan before this Friday (August 30).
The “pharma bro”, so-called after he increased the price of a life-saving drug used to treat AIDs patients, originally purchased the album directly from the legendary hip hop group at an auction in 2015, paying $2 million for it and making it the most expensive piece of music ever sold.
The 31-track album came with a hand-carved nickel-silver box, a leather-bound manuscript containing lyrics and a certificate of authenticity.
Recorded in secret over the course of six years, ‘Once Upon a Time in Shaolin’ was intended as a piece of contemporary art, with only one copy released. It has been dubbed the rarest album in the world.
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However, in 2018, after Shkreli was convicted for securities fraud and sentenced to seven years in prison, a federal court seized his assets including the ‘Once Upon a Time in Shaolin’ record. Following this, in 2021, the record was sold by the US Department of Justice to PleasrDAO, a group of NFT collectors, with the hope of making it more widely accessible. The money from the transaction was used to pay off Shkreli’s debts.
Despite PleasrDAO owning the only physical copy of the record, in June this year, it filed a lawsuit against Shkreli, claiming that he has digital copies of the album, and “intends to release them to the public.”
According to the NFT group, the infamous biotech executive had been hosting live streams where he played snippets of the record to his social media followers. He had also openly bragged about retaining copies, replying to a PleasrDAO Twitter thread in April, saying: “LOL i have the mp3s you moron”.
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The lawsuit further references a podcast episode of VladTV, in which the ex-convict boasts that he “burned the album and sent it to, like, 50 different chicks.” There is also footage of him playing it when Donald Trump was elected president in 2016.
On Monday (August 26), Judge Pamela K. Chen in the Eastern District of New York ruled in favour of PleasrDAO by banning Shkreli from streaming the record and ordering him to turn over all copies he owns “in any form” by August 30. He must also sign an affidavit to confirm he has done so.
He then has until September 30 to disclose any known versions, as well as information about the people he shared it with (including names and addresses), and any financial profit he made from distributing or playing the album.
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The attorney representing PleasrDAO, Steven Cooper, has said the ruling is an “important victory” for his client, adding that he is pleased the judge recognised “immediate relief was necessary to thwart the continuing bad acts of Mr. Shrkeli.”
PleasrDAO announced its recent victory over Twitter, posting a meme that implies the company has control over Shkreli (see below).
Conversely, the defence lawyer, Edward Paltzik, released a statement drawing attention to the fact that the judge did not find PleasrDAO’s allegations to be true. He said that the order “is merely a preliminary measure entered by the Court to maintain the perceived status quo before any discovery occurs – the Order has no bearing whatsoever on the final outcome of the case.”
Last year, Wu-Tang Clan released a 30th anniversary edition of 'Enter The Wu-Tang (36 Chambers)', with the milestone commemorated in New York City by the Empire State Building lighting up in the group's iconic-black and yellow colours.
Meena Sears is Mixmag's Digital Intern, follow her on Instagram