The thing about the law is that it largely exists as a deterrent for bad behavior, particularly behavior that causes systemic issues when it becomes widespread. Just because in this instance the parties being misled didn't lose their investments doesn't mean that the next time someone like Shkreli attempts this kind of scheme it won't end in disaster for the people he defrauds.
It's kind-of like a speed limit. Sure, maybe you didn't get in an accident doing 100 in a 50 but you sure as hell deserve a ticket because if everyone did it the roads would become totally unsafe.
It's kind-of like a speed limit. Sure, maybe you didn't get in an accident doing 100 in a 50 but you sure as hell deserve a ticket because if everyone did it the roads would become totally unsafe.