Martin Shkreli has the next year to perfect his "Pokemon Go" skills.
At a hearing Thursday, a federal judge set Shkreli's trial date for June 26, 2017 — more than 1 ½ years after the controversial former pharmaceuticals was arrested in December 2015 on allegations of securities fraud.
Shkreli's lawyer, Benjamin Brafman, also told U.S. District Judge Kiyo Matsumoto that he intends to request that the trial in Brooklyn federal court be severed so that his client can be tried separately from his co-defendant and and former lawyer, Evan Greebel.
Both Shkreli and Greebel have pleaded not guilty in the case.
Shkreli, 33, is accused by prosecutors of looting the pharma company Retrophin that he was then heading of $11 million to pay off investors he was suspected of previously defrauding in a hedge fund he ran.
After leaving the courthouse in Brooklyn, New York, Shkreli leaned over to his attorney and asked, "Can I play Pokemon Go now?" The augmented reality game has quickly amassed more active users than any mobile game in U.S. history.
During Thursday's hearing, Brafman said his plan to request separate trials is based on the possibility that he will mount a defense of "reliance on counsel" for Shkreli. If he chooses that tack before a jury, Brafman would argue that Shkreli is innocent because he was acting on the reliance of Greebel's advice as a lawyer during the time covered by the indictment.
"I don't think there is a finger of blame to point in this case," Brafman told reporters after the hearing when one asked if he was looking to blame Greebel. "You know, to the extent that both defendants may be innocent, but one is a lawyer and our client relied on his advice, it doesn't necessarily mean that either of them committed a crime."
Matsumoto said that if she agreed to try the co-defendants separately, the second trial will be set for Oct. 2, 2017.
She left unaddressed who would be tried first. And it is not certain that she would agree to sever the cases.