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By Matthew Russell Lee, Patreon Podcast
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SDNY COURTHOUSE, March 2 – The Coronavirus pandemic has provided an opportunity for a variety of fraudsters, from price gougers to some defrauding the Paycheck Protection Program through lenders, to sometimes the lenders themselves, an issue Inner City Press has been inquiring into and reporting on.

Back on May 26 the U.S. Attorney for the Southern District of New York announced the arrest of Richard Schirripa, a/k/a “the Mask Man,” a licensed pharmacist, on charges of violating the Defense Production Act by hoarding and price gouging scarce N95 masks; making two false statements to law enforcement; committing healthcare fraud; and committing aggravated identity theft. 

 Inner City Press live tweeted Schirripa's presentment, at which he was released on $250,000 with the SDNY's consent, here.

  Now, with little notice, Schirripa appeared on March 2 before SDNY Judge George B. Daniels to plead guilty, only to false statements to the DEA about keeping controlled substances when he closed his pharmacy.

The sentencing recommendation in the plea agreement wasn't disclosed in the proceeding; count one (hoarding and price gouging under the DPA) can be raised at sentencing, but has not been pled to. Inner City Press live tweeted it, here, and will cover the sentencing:

Judge finds him competent. "Do you wish to plead guilty?" A: Yes.

Judge: Are you satisfied with your attorney? A: Yes. This was supposed to be at 12:30 but there were technical problems. Schirripa said, "If I'm on the only one one, Gerry, can I be the judge?" His lawyer advised him not to say any more.

 From the [initial] complaint: Schirripa hoarded 1000s of 3M N95 masks. Then he charged up to $25 for a mask which should have cost $1.27. Inner City Press waiting to hear if he's gotten a plea deal for a particular sentencing recommendation. Judge is reading from plea agreement, for this COVID mask price gouging. Schirripa is pleading to only one count, for a sentencing recommendation of... Judge refers to the letter but doesn't read from it. Defense lawyer: We think it is an appropriate disposition.

 Schirripa is only pleading guilty to keeping controlled substances when he closed his pharmacy - or really, only to making false statements to the DEA about it. Judge: How do you plead? Schirripa: Guilty. What about the mask hoarding and price gouging?

 AUSA: I'll put into the record three stipulations. Either party is permitted to make arguments at sentencing about the conduct charged in Count 1. That is, Defense Production Act - Hoarding and Price Gouging. He's not pleading to that, in the plea deal.

 Defense lawyer: There's a lot underlying that factually. We have an agreement. I don't think it's necessary to go any further than that.

  Sentencing will be July 13 - the defense counsel said without irony that hopefully COVID will be gone by then.

The case is still listed as US v. Schirripa, 20-mj-5275 (Daniels).

Update: After publication of the above, and this podcast, the plea agreement became available including that "Based upon the calculations set forth above, the defendant’s stipulated Guidelines range is 0 to 6 months’ imprisonment (the “Stipulated Guidelines Range”). In addition, after determining the defendant’s ability to pay, the Court may impose a fine pursuant to U.S.S.G. § 5E1.2. At Guidelines level four, the applicable fine range is $500 to $9,500." Plea agreement on Patreon here.

Earlier then-U.S. Attorney Geoffrey S. Berman said:  “As alleged, Richard Schirripa exploited an unprecedented crisis to engage in profiteering.  He allegedly spent over $200,000 accumulating N95 masks and then sold masks at inflated prices, charging customers up to 50% more than he had paid to acquire those N95 masks.  As alleged, during a sale to an undercover officer, Schirripa said, ‘I feel like a drug dealer.’  He also allegedly committed several additional, unrelated crimes, including lying to law enforcement, defrauding Medicare and Medicaid, and exploiting the personal information of his pharmacy’s customers to fill prescriptions.”

 Inner City Press will stay on this. The case is US v. Schirripa, 20-mj-5275 (Wang).

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