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Jurors in the Martin Shkreli fraud trial ended their first day of deliberations Monday without reaching a verdict — letting the defendant continue his comedy routine on Facebook with a jab at Anthony Scaramucci.
The seven-woman, five-man jury started discussing the case among themselves at about 9:40 a.m. Monday.
They then spent the entire day behind closed doors in Brooklyn, New York, federal court before sending out their first note, at 5:05 p.m.
That note asked how long they were expected to continue working for the day.
Judge Kiyo Matsumoto called them into her courtroom and told jurors they could go home for the evening. Matsumoto also said she hoped they could work each day until at least 5:15 p.m., with the option of staying later if they desired.
Several hours earlier, Shkreli, who is banned from Twitter because of his harassment of a female journalist, cracked a joke on his Facebook page that referenced Monday's abrupt termination of Anthony "Mooch" Scaramucci as White House communications director after just 10 days in that post.
"In for comms director," Shkreli wrote on Facebook.
Shkreli, 34, is charged with eight counts of securities fraud and conspiracy to commit both securities and wire fraud.
Shkreli, who has pleaded not guilty in the case, spent much of Monday in the cafeteria sitting quietly at a table, sometimes with his father and other supporters.
Meanwhile, Shkreli's lawyers and prosecutors sat patiently in Matsumoto's courtroom.
Prosecutors say Shkreli defrauded more than a half-dozen people who invested in two hedge funds he ran by lying about his investing prowess, and by misstating the size, performance and strategy of the funds.
Prosecutors also say that after Shkreli lost most of their money or used it secretly to capitalize his new drug company, he then looted that company, Retrophin, out of stocks and cash to pay back the investors.
Shkreli denies the charges, which are unrelated to the public outrage he sparked in 2015 by hiking the price of the anti-parasite drug Daraprim by more than 5,000 percent while running another drug company, Turing Pharmaceuticals.
The trial began in late June.