In apparent reaction to the possible new charges, Shkreli tweeted Tuesday afternoon:
His lawyer, Benjamin Brafman, said outside of court, "We don't believe the [superseding] indictment will change anything."
He added that he doesn't believe it would make the case more difficult for the 32-year-old Shkreli, who remains free on a $5 million bond.
Brafman also said that the defense may need to explore the possibility of requesting that the judge split the case so that Shkreli and Greebel can tried separately.
When a reporter asked Brafman whether the government has offered a plea deal, Shkreli's attorney did not answer the question. He instead said, "We plead[ed]not guilty and we intend to proceed to trial."
Shkreli said nothing to reporters outside of court.
But after the hearing, Shkreli tweeted a response proclaiming his innocence when someone else tweeted that he "will likely get away with the securities charges," on the securities fraud charges he faces. Brafman has previously said he wants Shkreli to refrain from speaking to members of the press.
The pinned December tweet on Shkreli's account asserts he is confident he will "prevail" in the case, and that "the allegations against [him] are baseless and without merit."
The next hearing in the case is currently scheduled for June 6. But Judge Kiyo Matsumoto said she might have to arraign Shkrekli and Greebel on the new charges before that if a superseding indictment is lodged against them.
Yesterday's hearing was originally supposed to result in a trial date being set for the duo.
But even before the potential new charges were mentioned, defense lawyers said that the massive amount of evidence that has already been turned over to them, several million pages of documents, is taking a lot of time to wade through, and that they wouldn't be ready for trial until sometime next year. Any additional charges, they said, could delay the trial, or trials, further.
Prosecutors said they have turned over about 70 gigabytes of documents to defense lawyers so far, and that they expect to disclose several more gigabytes soon. They disputed the notion that the amount of evidence was unusual for a white-collar criminal case, and said that any new charges would relate to evidence that already has been turned over to defense lawyers..