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Biotech The Courts

Theranos Founder Elizabeth Holmes Found Guilty (npr.org) 112

After deliberating for more than 40 hours over six days, jurors in the Elizabeth Holmes criminal trial have found Holmes guilty on four of 11 charges of defrauding the company's investors and patients. She was found not guilty on four counts. NPR reports: When the verdict was read, Holmes had no visible reaction. She sat masked in the courtroom and later hugged members of her family in the front row of the court. Holmes could face up to 20 years in prison, although legal experts say her sentence is likely to be less than that. During the nearly four-month federal trial in San Jose, jurors heard from over 30 witnesses called by prosecutors. Together, they painted Holmes as a charismatic entrepreneur who secured hundreds of millions of dollars in investment for a medical device that never delivered on her promises. When Theranos' technology fell short, the government argued, Holmes covered it up and kept insisting that the machines would transform how diseases are diagnosed through blood tests. The jury's decision followed seven days of deliberations. Still, the jury could not reach a unanimous decision on three charges, which will be resolved at a later date..

Holmes took the witness stand for more than 20 hours to defend herself. She accused her ex-boyfriend and former deputy at Theranos, Ramesh "Sunny" Balwani, of sexual abuse, saying that clouded her sense of judgement. Balwani faces a separate fraud trial in the same court in February. Holmes also showed remorse on the stand. She said she wished she had handled some key business matters differently. But she blamed others for the downfall of Theranos. She said lab directors whom she had trusted were the ones closest to the technology. And she said Balwani, not her, oversaw the company's financial forecasts, which were later discovered to be grossly inflated. Yet the government offered evidence that Holmes had an iron grip on Theranos' operations. Prosecutors argued she did not stop -- and even helped spread -- falsehoods about the company that misled investors into pouring millions into the startup. Theranos' value, once estimated at more than $9 billion, was ultimately squandered.

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Theranos Founder Elizabeth Holmes Found Guilty

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  • by Whateverthisis ( 7004192 ) on Monday January 03, 2022 @09:22PM (#62140193)
    Wire Fraud and Conspiracy to Commit Wire Fraud are actually pretty hard charges to get. The prosecution has to prove "intent", as in "it wasn't a mistake, she actually intended to do that", basically prove her mindset at the time. That's a pretty high bar, so at least they got her on 4 of the charges.

    There was an interesting piece on Salon.com that talked about how her defense strategy, to blame a sexually controlling relationship from a man was actually detrimental to feminism. That's an interesting opinion; women should have equality, but being equal means sometimes women can be scumbags too and should go to jail for it. https://www.salon.com/2021/11/30/ghislaine-maxwells-and-elizabeth-holmes-fake-feminist-defenses-are-an-insult-to-metoo/

    • by Brain-Fu ( 1274756 ) on Monday January 03, 2022 @09:52PM (#62140249) Homepage Journal

      Personally, I think that anyone, man woman or other, can be a victim of a controlling relationship. But this does not absolve them of responsibility for what they do, and especially not when they are the CEO of a billion-dollar market disrupting company. Someone in a position with that much power has a responsibility to be in charge of their lives well enough to make good decisions for the company, given the significant number of people those decisions impact.

      I don't think that one woman being the victim of a controlling relationship hurts any political causes. BUT, letting Holmes off the hook on 7 charges might make the community of venture capitalists think twice before investing in woman-run businesses. If they know that the women running these businesses are likely to get light consequences for outright fraud, they might prefer to risk their money on male-run businesses instead (on the belief that the higher risk of being held to account means the men are less likely to be fraudsters). I am not a part of this community and I don't really know what that landscape looks like. I just can't imagine that failing to hold female fraudsters accountable could help any sort of feminist cause.

      • by Anonymous Coward on Monday January 03, 2022 @10:10PM (#62140283)
        Parent comment wrote:

        anyone, man woman or other, can be a victim of a controlling relationship

        Sometimes I think she was the victim of her board.

        You'd think a medical device research company would have a Board stacked with experts in medical research and medical devices. Instead it had a board full of politicians and rich bankers that seemed from the beginning structured to abuse use their political connections to manipulate government contracts to pump a stock.

        Consider her board:

        1. George Shultz, former US secretary of state
        2. Gary Roughead, a retired US Navy admiral
        3. William Perry, former US secretary of defense
        4. Sam Nunn, a former US senator
        5. James Mattis, a retired US Marine Corps general who went on to serve as President Donald Trump's secretary of defense
        6. Richard Kovacevich, the former CEO of Wells Fargo
        7. Henry Kissinger, former US secretary of state
        8. William Frist, former US senator
        9. William H. Foege, former director of the Centers for Disease Control and Prevention
        10. Riley P. Bechtel, chairman of the board of the Bechtel Group Inc. at the time.

        That doesn't look like a medical device company. That looks more like either a conspiracy to defraud the government and/or defraud public investors if they were able to get it to an IPO.

        • She was not a victim of her Board. She created her Board. The Board was not imposed on her, she controlled it because they had no knowledge to challenge her. So no, the Board members were more her victims than anything else. That's basically what Mattis said when he took the stand, and is why one of the whistleblowers, George Schultz' grandson, came forward to protect the reputation of his grandfather.

          Her parents were high profile diplomats in the State Department. Not high enough to be general knowl

        • The board indicated an important aspect of Theranos - it was an affinity scam. Affinity scams are where you convince investors belonging to some group that you are are "one of them" and that they should give you their money as a sign of group affinity, proof that you belong.

          In this case the affinity group was not ethnicity, or religion, but a very special socio-economic group -- the rich, powerful and famous. Being "on this board" was a status symbol, and similarly VCs dumping their money into this did it

      • She was let off on only 4 charges. The jury deadlocked on 3 charges, which gives the prosecution the option to try her again on just those 3 charges. I hear the 4 guilty charges have a max sentence of 20 years each, so they may be enough to put her away for life, making retrying the last 3 charges a moot point. (For comparison, Bernie Madoff [wikipedia.org] was sentenced to 150 years despite forgoing a trial and pleading guilty.)
        • I kind of doubt they will sentence her anywhere near the maximum.

          She's unlikely to offend again -- her notoriety alone will keep her from the opportunity. The people she defrauded were largely sophisticated investors, many of which expected to lose money *and* they really did not exercise much due diligence or oversight which could have mitigated their losses.

          And she's got a child, which the cynic in me probably thinks is somewhat strategic on her part. I'm sure she partly had the baby because she's 37 an

          • Man "She's unlikely to offend again -- her notoriety alone will keep her from the opportunity. " really strikes me as "she's wealthy so just being caught was punishment enough".

            I agree they won't stack the sentences (4x20)

            I am hoping for 12 years. It's not just about her. It's all the other wealthy CEO's who would be put on notice and about the rule of law. If we can send a poor hispanic mom to prison for 12 years for selling one joint we can certainly send Holmes to prison for that long.

            However, they'll

            • No her notoriety hurts her in multiple ways.

              There's the general negative PR of a convicted felon. There's the sense she's a liar and a bullshit artist. Even if you get through that, there's the idea she couldn't deliver a product, either, so she wasn't even a good manager let alone idea person. And then you can tag on all the things she said about being manipulated by her lover/husband.

              She's toxic all the way around the block and I don't see who would want to hire her except to exploit her infamy in some

              • And yet... we can justify putting a poor hispanic mom in prison for 12 years at a cost of $31,000 per year to warehouse her and render unemployable.

                I'm sick to death of the wealthy getting off with light sentences.

                • I don't know what poor Hispanic mom you're referring to. I mean, did her shitty common law husband who fathered her 3 kids get her caught up in some gangland killing and she's facing the full force because he stashed his gun in her dresser, making her an accessory?

                  Or did she actually do something awful, like chain her kids in the closet while she went on a meth bender? Pimp out her 13 year old daughter? I don't think being poor or a minority is an automatic excuse for not facing serious penalties for se

                  • No.. she sold less than $31 worth of pot (first offense) to an undercover informant in her neighborhood.

                    What's wrong with you?

                    The rich don't just skate on financial crime- they skate on *every* crime.

                    "Oh poor Johnny picked up for assaulting someone in a bar fight! It must be so embarrassing.. but he's a "good" (i.e. wealthy, connected) kid so he gets off while the 'trash goes in back' (an actual quote by police officers in another case) where middle income kids picked up at the same time went to jail while

                    • Cannabis prohibition (and most drug possession and use crimes generally) is the worst public policy enacted in the 20th century.

                      That being said, disparate treatment in this situation isn't entirely unreasonable, although the specific sentencing terms for Spottedcow are unreasonably harsh.

                      Willy Nelson isn't just wealthy and white, he's a famous musician. He is not a threat to his community or part of any criminal enterprise. Ms. Spottedcow was conducting a drug dealing transaction and the state has an inte

                  • And should pot be legal? *yes*. it's dumb and very corrosive to the rule of law that it's illegal.

                    But the point here is that the *same* laws are not enforced equally depending on your wealth and social status.

                    Enforce the laws equally and many of them would be much less harsh.

      • ... letting Holmes off the hook on 7 charges might make the community of venture capitalists think twice before investing in woman-run businesses.

        What I read is that all fraud cases are hard to prosecute. Getting Holmes convicted on 4 charges out of 11 might actually be good performance. I am not a lawyer. Regarding venture capitalists' attitude to risk, I get the impression that they expect to lose quite a few of their bets, but the winners pay for the duds. If they don't put the money in, they don't get the rewards.

        • I feel like it is. In a criminal case for wire fraud, you need to "prove beyond a reasonable doubt" that "the alleged perpetrator knew full well they were deceiving someone and chose to do it anyways.", and you need a unanimous verdict. That's a high bar, because the Defense strategy can simply be to sow chaos and confusion amongst the jury. You don't need to counter that things didn't happen, you simply need to show the person wasn't aware they were attempting to deceive, they legitimately thought they
        • Getting Holmes convicted on 4 charges out of 11
          might actually be good performance.

          It is, since those four were some of the major charges.
          It's common in high-profile cases to charge the accused
          with a few serious charges plus a bunch of lesser ones
          to persuade the perp to plead out.

      • by fedos ( 150319 )
        >If they know that the women running these businesses are likely to get light consequences for outright fraud Each of the 4 charges she was found guilty of carries a sentence of up to 20 years. We won't know the actual sentence for months. Regardless, I wouldn't say being convicted of multiple felonies counts as facing "light consequences".
    • by rsilvergun ( 571051 ) on Monday January 03, 2022 @10:21PM (#62140303)
      the Chewbacca defense was her only real option. e.g. try to distract the jury. As the saying goes, if the facts are with you pound the facts, if the law is with you, pound the law, if neither are, pound the table.

      The part that irritates me is that she only faced prosecution because she roped some of the really rich into her scam. 2008 came and went without a single charge because the super rich got off scott free in that.
      • 2008 came and went without a single charge because the super rich got off scott free in that.

        What I read is that there were penalties, but that the penalties were less than the rewards, so could be treated as just a cost of business. I think there is a fair bit of business that relies on not taking responsibility for losses. Run your risky business until it falls over, then walk off with the money you made, while investors lose their money. This is perfectly legal. If it weren't, a great deal of the modern economy would not exist.

    • by triffid_98 ( 899609 ) on Monday January 03, 2022 @10:24PM (#62140311)
      I believe in equality but laaadies only want equality in certain things. Statistically speaking she won't get the same sentence a man would, 80% tops. Less than 60% if she happens to be in a minority group like Elizabeth Warren.

      These are not my facts, there have been a number of government studies on it.

      Reference:
      https://www.ussc.gov/research/... [ussc.gov]
    • I find the concept of feminism to be perfectly logical. The implementation, not so much.
      • Yet if you take the current situation with men and then imagine that it came from an actual social movement, you'd be horrified.

        The implementation of anything has problems. Just because something has problems doesn't mean the alternative doesn't have problems.
    • The Evil Controlling Boyfriend defense has taken a couple of high visibility hits recently; both Holmes and Ghislaine Maxwell [wikipedia.org] used it and failed miserably. This is a good thing for equal justice under the law.

      I wonder if her former boyfriend/business partner/co-conspirator Ramesh Balwani will try the Lying Scheming Girlfriend defense in his upcoming trial. Right now it seems like a bad move. Maybe he will get a clue and negotiate a plea deal and save everyone a lot of wasted effprt.

      • The speculation is that he will. It's funny though, watching the Holmes trial, I have a sneaking suspicion that she was the controlling one, and that he actually was controlled by her. That defense won't work for a man ever, but I actually think it might be true.
  • by Maxo-Texas ( 864189 ) on Monday January 03, 2022 @09:43PM (#62140229)

    I don't see her as a man or a woman (tho she's tried to use her gender to escape the law).

    I mainly see her as a really rich person who hired the most expensive lawyers and didn't get away with it.

    Which is rare.

    • I don't see her as a man or a woman (tho she's tried to use her gender to escape the law).

      I mainly see her as a really rich person who hired the most expensive lawyers and didn't get away with it.

      Which is rare.

      Her very expensive lawyers will, of course, try to claim that there were errors by the judge such that the guilty verdict should be entirely vacated or a new trial should happen. However, with the exception of egress errors by the trial judge (and there has been no such reports to this point) appetite judges are loath to second guess jury verdicts.

      With four convictions, for a first time offender, one might expect the sentence to be around 10 years, served concurrently, with release on good behavior in a

    • by cascadingstylesheet ( 140919 ) on Monday January 03, 2022 @10:54PM (#62140363) Journal

      I don't see her as a man or a woman (tho she's tried to use her gender to escape the law).

      Don't you? It's her whole story.

      In the dusty, ancient days of ... er ... 2012 or so, women were still a "minority". They needed special rights and privileges and fawning over, especially in fields with few women like tech. That's how she got so far in her grift in the first place.

      But there was a sea change ... victim hierarchies shifted ... and by the late teens women were just something you can identify as, and white women were just "karens". All protection was gone, and she was now open to being taken down.

      • Her story is the inability of technology to implement her idea.

        Her idea was a good one: diagnose 'any' disease easily, etc. She did an excellent job marketing it. When it turned out she couldn't implement it, she didn't give up when she should have, instead just faking it.

        • by evil_aaronm ( 671521 ) on Tuesday January 04, 2022 @03:30AM (#62140793)
          "Marketing," or straight up lying?

          If it were easy, or even doable, it would've been done by the likes of Chiron, Bayer, Siemens, or Abbott. I worked in blood diagnostics for the first three - Chiron was bought by Bayer, and then by Siemens - and when we achieved a new assay - Vitamin D, for example, which you wouldn't think was that "exotic" - it was cause for a celebration: in part because of the technological breakthrough; the other part because of FDA approval. Those companies had lots of resources available to put toward R&D in diagnostics, but progress was never easy. So, while there's shame enough on those foolish investors who thought some "wunderkind" was going to blaze a trail that the other established players hadn't seen, there's a lot of fraud - criminally established, now - on the part of Holmes to sell them a bill of goods like that.
          • If it were easy, or even doable, it would've been done by the likes of Chiron, Bayer, Siemens, or Abbott.

            ok well that part I don't believe at all. Otherwise there would be no medical startups, but there are.

          • "Marketing," or straight up lying?

            Not much of a difference, anymore, at least in 'Merica. Hence all the spam for miracle energy saver devices (capacitor in a box), miracle pennies-a-day air conditioners (fan that blows on ice which you make in your not-pennies-a-day freezer), miracle graphene electric heaters with >100% efficiency, electric vehicles that have to be photographed rolling downhill because there's no powertrain, electrolysis hydrogen generators for your car, 200mpg carburetors, etc. Some of these are products that do a th

          • by Pascoea ( 968200 )
            Big companies aren't interested in "disruption", because that cuts into their existing cash cows. Why produce a new machine that can do groundbreaking things when it's FAR more profitable (in the short-term, anyway) to create new consumables for their existing tech. (Blah blah blah. These opinions are my own, not that of my employer.)
            • With Siemens, at least, that's a bit off the mark. We were working on the cash cow, while simultaneously developing the "next gen" machine. In fairness, that was a few years ago, and I haven't worked for them in a while, so things could've changed. But I know we had more than one diagnostics platform in the pipeline.
              • by Pascoea ( 968200 )
                For sure, no arguing that most companies have a development pipeline, especially with something like medial equipment where the runway is enormous. I would argue, though, that "Next gen" != groundbreaking/disruptive in the way that Theranos was billed to be.
        • Blaming her lies on limitations of technology?

          Why??

        • She didn't say that was a good idea and if people gave her money she would try to make it happen. She told investors she had solved the problem and just needed investors to scale the business up.

          She didn't her herself by doing tons of media claiming she was a genius who was about to revolutionize the medical testing industry while knowing there was NO WORKING PRODUCT back at the office.

        • Her story is the inability of technology to implement her idea.

          There is an enormous difference between "an idea" on the one hand, and "a fantasy" , "a pitch" or "a scheme" on the other.

          If you found a company on "the idea" of offering real anti-gravity hoverboards you are just creating a con, as their is no anti-gravity tech. Starting a company claiming you can deliver, and then arguing "well, we were serious but we just could not implement the idea" is just a fraudster trying to jawbone their way out a prison cell.

          Holmes had a scheme, not an idea.

        • Her idea was a good one: diagnose 'any' disease easily, etc.

          Wow, why didn't I think of that idea? Never mind, I've had another good idea : stop global warming easily, etc.

          • I've had another good idea : stop global warming easily, etc.

            Uh what? How do you expect to make money from that? Your idea is a terrible one. You'll get no investors.

      • by AmiMoJo ( 196126 )

        It was more like she portrayed herself as a Jobs/Musk like figure, only a woman. Lots of CEOs try it, like the guy heading up Nicola Motors.

        Sadly her BS overshadowed some actually talented women with real products, like Lisa Su.

      • I don't see her as a man or a woman (tho she's tried to use her gender to escape the law).

        Don't you? It's her whole story.

        In the dusty, ancient days of ... er ... 2012 or so, women were still a "minority". They needed special rights and privileges and fawning over, especially in fields with few women like tech. That's how she got so far in her grift in the first place.

        She was a rich kid who had a lot of friends with rich parents as well.

        Sure gender played a role, but the chief factor that enabled her rise and allowed her to escape scrutiny was her family's wealth and social connections.

        I can imagine the exact same narrative playing out with a young man, silicon valley is practically built around the narrative of a 20-something 'boy genius' raising millions off of a power point.

        But there was a sea change ... victim hierarchies shifted ... and by the late teens women were just something you can identify as, and white women were just "karens". All protection was gone, and she was now open to being taken down.

        "Victim hierarchies" and "karens" had nothing to do with it. The sea change was the accumulated

    • Comment removed based on user account deletion
    • WTF?

      She was acquitted of the charges relating to the harm she did to ordinary people.

      She was only convicted of the harm she did to other corporations/rich people.

      All because the prosecutor couldn't be bothered to waste their time on the charges relating to ordinary people and only spent time trying to prove the harm to the corporations/rich people.

      This is a GLARING example of just how much the US has devolved into an oligarchy: the rich are only prosecuted when they harm the ruling class, or in
  • The world shifted out from under her.

    When she started out riding high, women were viewed as an effective "minority", with all the rights and boosts that entails. Especially in anything tech related. In that environment, how could she miss? Little things like facts and value could be easily overlooked.

    By 2021/22 though, women scarcely exist as a class (after all, a man can "be" one by putting a dress, or even just by saying so). And white women especially are just "karens", not a protected class anymore b

    • by Mitreya ( 579078 )

      By 2021/22 though, women scarcely exist as a class

      Sure they do. Example:

      The rule requires most Nasdaq-listed boards, other than exempt entities and companies with boards consisting of five or fewer members, to have at least one woman in addition to at least one member of any gender from underrepresented groups defined by race, ethnicity, or sexual orientation.

      • By 2021/22 though, women scarcely exist as a class

        Sure they do. Example:

        The rule requires most Nasdaq-listed boards, other than exempt entities and companies with boards consisting of five or fewer members, to have at least one woman in addition to at least one member of any gender from underrepresented groups defined by race, ethnicity, or sexual orientation.

        Yes, the laws and bureaucrats have not kept pace. But they will. Just wait until the first "woman owned business" is getting government contracts because the suit-wearing dude in charge claims he is "identifying" but takes no other steps.

    • by gweihir ( 88907 )

      Well, mindless hypes have a tendency to be followed by a backlash.

  • First they think you're crazy. Then they fight you. And then all of the sudden you go to federal prison.

    Theranos CEO Elizabeth Holmes: Firing Back At Doubters | Mad Money | CNBC [youtube.com]
    • by kenh ( 9056 ) on Monday January 03, 2022 @11:02PM (#62140379) Homepage Journal

      She thought she was Steve Jobs with Lady Parts.

      She had no product.

      She lied to sick patients.

      She lied to investors.

      She defrauded billionaires, who could spend millions to secure justice.

      She blamed her 'boyfriend'.

      She deserves a serious sentence.

      • She lied to sick patients.

        Interestingly, she didn't get convicted on that charge.

        • I don't think they sent fake results to any patients. They just weren't using their proprietary equipment for the testing like they implied/claimed. I can't imagine many patients know or care what model of lab equipment is used on their blood test, so long as the results are real.
        • The lie didn't really affect the sick patients. The test results they were told were from the theranos machine were from conventional testing, so while she lied the results were real and I doubt any patient gave a shit about what machine tested the blood, as long as they were accurate.
      • She defrauded billionaires, who could spend millions to secure justice.

        She defrauded billionaires who buy influence that can motivate prosecution by a mere phone call. Money is a terrible
        tool in the justice system since it can be used to punish the innocent.

    • And she deserves federal prison. There's a right way to change industries, and a wrong way. Except she didn't even do it the wrong way, because she didn't change an industry: she lied through the teeth about a non-existent "miracle product" and got busted for committing fraud. She's no better than snake-oil salesmen.
  • Board of Directors (Score:4, Insightful)

    by ISoldat53 ( 977164 ) on Tuesday January 04, 2022 @12:16PM (#62141967)
    Now go after her enablers, the Board of Directors.
    • Yeah, I can't see Henry Kissinger and George Shultz [businessinsider.com] going to prison. The other names of board members are very powerful people. That was part of the scam though, getting big names on the board to validate at least publicly that their product was going to be a game-changer. They must have been paid a large amount for their "services."

      She was chairman of the board and her boyfriend also had a seat as well, they'll be the only ones punished unless they can prove that the board had information on the f

  • "Theranos' value, once estimated at more than $9 billion, was ultimately squandered."

    uh, it wasn't squandered. it didn't actually exist in the first place.

Understanding is always the understanding of a smaller problem in relation to a bigger problem. -- P.D. Ouspensky

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