Charitably, I think what OP was getting at is that there was no pressure to arrest / prosecute Shkreli quickly because his actions hadn’t in actuality physically or monetarily harmed people, unlike, e.g., Theranos.
Its a technically because that is not what brought him to public attention, he made himself a target so they went looking into his life for something to charge him with.
If you look hard enough through anyone's phone and online history you will find something to put them away for - no exception.
I say he should not belong on the list because his company was not scam company its still alive to this day - the ethics aside of hiking drug prices.
Investors were but complaining, it was the state that was after him. It's obviously different from owing billions of dollars that don't exist anymore like Bankman did.
It doesn’t matter that an endeavor he followed through later paid back his initial investors, the act itself is literally fraud. Period.
All you’re doing is petty-fogging the issue.