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  ARM Give a man a fire and he's warm for a day, but set fire to him and he's warm for the rest of his life (Terry Pratchett, Jingo)

Theranos CEO Elizabeth Holmes found guilty of fraud: Blood-testing machines were vapourware after all

(2022/01/04)


Elizabeth Holmes, founder of US health-tech firm Theranos, has been found guilty of defrauding investors after a California jury found she had lied about her company's technology.

Holmes, 37, [1]reportedly showed little emotion when the verdicts were read out. The jury found her not guilty of four charges of defrauding the public, though this was cold comfort when set against the other seven charges of defrauding investors and wire fraud. She has denied the charges.

The trial has had significant impact in California's Silicon Valley, where Holmes' company Theranos had been held up as a multibillion-dollar example of tech changing the world for good. Founded in 2003 by Holmes, Theranos advertised itself as a medical company whose technology could detect diseases using a finger-prick blood test.

[2]

In fact the company was one of Silicon Valley's more notorious products: a scam. Theranos's Edison testing machines (an in-house design unconnected to the famous lightbulb company) produced results that were inconclusive at best. Nonetheless, a startup founded by Holmes, who wore affected Steve Jobs-style black turtlenecks, was a convincing enough story for investors and US business media alike, until a 2015 exposé by the Wall Street Journal newspaper.

[3]

[4]

During Holmes's trial, evidence emerged suggesting that Theranos's [5]demonstrations to would-be corporate partners were rigged to cover up bad results , while Holmes herself admitted to falsely plastering sales presentations in pharma company logos to suggest a link between Theranos and established market players.

[6]Theranos blood-test machine demos for VIPs rigged to hide any failures, court told

[7]Theranos' Holmes admits she slapped Big Pharma logos on lab reports to boost her biz

[8]Trial of Theranos boss Elizabeth Holmes begins: She plans to say her boyfriend and COO Balwani abused her

[9]Elizabeth Holmes' Theranos fraud trial begins: Defense claims all she did was fail – and that's not a crime

While Pfizer and Schering-Plough had written due diligence reports on Theranos, the company used their logos to suggest its blood-testing machines were better than they really were.

In her defence Holmes claimed her boyfriend-cum-COO had [10]abused her during their relationship , also arguing that the worst thing she did was [11]lead a company that failed , rather than deliberately deceiving anyone. Theranos itself was wound up in 2018 after the US Department of Justice began pursuing its CEO and COO.*

Meanwhile, a vital SQL database that held what prosecutors described as [12]incriminating evidence of fraud was deleted . Named the Laboratory Information System, the database contained details of Theranos's test accuracy and failure rates.

[13]

Holmes faces a maximum of 20 years in prison when she is sentenced. At the moment she is reported to be awaiting a sentencing hearing later this year while on unconditional bail. ®

Bootnote

*Ex-Theranos COO Ramesh "Sunny" Balwani, 56, is due to stand trial next month.

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[1] https://www.bbc.co.uk/news/world-us-canada-59734254

[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YdR9Q@XWfSDHPpeygl10pQAAAFg&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YdR9Q@XWfSDHPpeygl10pQAAAFg&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YdR9Q@XWfSDHPpeygl10pQAAAFg&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[5] https://www.theregister.com/2021/10/21/theranos_machine_trial/

[6] https://www.theregister.com/2021/10/21/theranos_machine_trial/

[7] https://www.theregister.com/2021/11/24/theranos_fraud_trial/

[8] https://www.theregister.com/2021/09/01/theranos_trial_jury/

[9] https://www.theregister.com/2021/09/09/elizabeth_holmes_trial/

[10] https://www.theregister.com/2021/09/01/theranos_trial_jury/

[11] https://www.theregister.com/2021/09/09/elizabeth_holmes_trial/

[12] https://www.theregister.com/2021/01/12/theranos_database_loss/

[13] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YdR9Q@XWfSDHPpeygl10pQAAAFg&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[14] https://whitepapers.theregister.com/



Sentencing will be interesting

chivo243

Wonder how long and where she'll do her time... American Justice System - I've got the popcorn!!

Re: Sentencing will be interesting

JimboSmith

If you read the book Bad Blood: Secrets and Lies in a Silicon Valley Startup by John Carreyrou you see just how much of a fraud this was. I read it on holiday a few years ago and was gripped, it’s a great book. My co vacationer read it after me and was to quote her “absolutely f*cking gobsmacked”.

Really hope they throw the book (pun not intended) at her.

Re: Sentencing will be interesting

AMBxx

One to add to my reading list. I seem to always give the benefit of the doubt - business started off honestly, things got big, stuff went wrong, then the deception started. Look forward to finding out if I'm right.

Re: Sentencing will be interesting

JimboSmith

You won’t be disappointed - I wasn’t.

Now, if only ....

alain williams

we could put politicians on trial when they lie!

Re: Now, if only ....

UCAP

We simply don't have the capacity to do that - not enough judges by a couple of orders of magnitude!

mark l 2

I have no doubt the only reason why she got pregnant and had a baby and claimed her ex has been abusive was to try and evoke sympathy from the jury during the trial.

She is clearly manipulative and only thinks about herself, As what sort of person would think about having a child when you are facing the possibility of 20 years in jail.

Anonymous Coward

Fraudster or not, claiming without any sort of evidence that someone chose to become a parent simply to deceive a jury is shameful.

"what sort of person would think about having a child ... possibility of 20 years in jail

Mishak

Perhaps someone who wants to have children and is worried that their fertility may not last until they get out (especially as I've seen reports elsewhere that she may face 20 years consecutive for each charge)?

Re: "what sort of person would think about having a child ... possibility of 20 years in jail

Doctor Syntax

True, but what happens to the children during her jail sentences? At best it's yet another instance of thinking only of herself and not, in this case, the child.

Androgynous Cupboard

The same kind of person that tries to commit a massive fraud - one that is not very good at thinking things through to their conclusion.

Manipulative, self-centered and a crook, yes, but I'm not sure your first conclusion is more than your opinion.

20 or 80 Years?

Peter Mount

The BBC was reporting earlier she could get 80 years, so was surprised to see 20 here?

Re: 20 or 80 Years?

JimboSmith

I thought it was up to 20 years per count of Wire Fraud which would be 60 as there were three of those. Then the rest of the charges might give another 20 years.

Re: 20 or 80 Years?

Anonymous Coward

She may face up to 65 years (3x fraud @ 20, 1x conspiracy @ 5) if the sentences are set at their maximum and applied consecutively rather than the more usual concurrence.

Because this is not a particularly egregious example of fraud (i.e. she deceived sophisticated investors, not your dear old gran/did it on a relatively modest scale), because most of the more serious charges didn't stick and because she has an otherwise clean record the likely number is reckoned by most observers to be in the 4-6 range.

However this is federal sentencing so there's a level of witchcraft involved beyond the ken of mere mortals.

Re: 20 or 80 Years?

Toe Knee

@AC:

As far as I know, she has a squeaky clean criminal record (or lack thereof, more precisely), so the guidelines won't be so draconian for her. The federal "point system" is pure madness!

Re: 20 or 80 Years?

Doctor Syntax

"this is not a particularly egregious example of fraud (i.e. she deceived sophisticated investors"

But these are Rich Important People. Doesn't US sentencing come down heavily on that?

Re: 20 or 80 Years?

Ian 55

Looking at it another way, she defrauded rich people and they are the sort that contribute significant sums to US judges' election campaigns...

Re: 20 or 80 Years?

Anonymous Coward

Federal judges are not elected.

But, she did do one good thing

idiot taxpayer here again

She ripped 140 million out of Murdoch.

Re: But, she did do one good thing

UCAP

Which says more about Murdoch than Holmes

Re: But, she did do one good thing

Ozumo

TBF, when you read Carreyrou's book, Murdoch declined to kill the story even though it was clear he would lose a substantial amount of money as a result of its publication.

Re: But, she did do one good thing

JimboSmith

She got some out of Larry Ellison too.

The board of directors had some star names on it which might have gone some way to making it all seem legitimate. These included:

Henry Kissinger (former United States Secretary of State);

Jim Mattis (retired Marine Corps four-star general);

George Shultz (former United States Secretary of State);

Richard Kovacevich (former CEO of Wells Fargo);

William Perry (former United States Secretary of Defense); and

William Foege (former director of the Centers for Disease Control and Prevention).

[1]https://news.crunchbase.com/news/theranos-elizabeth-holmes-trial-investors-board/

As far as I know they were all taken in by Holmes’s and her boyfriend and there’s no suggestion that they did anything wrong.

[1] https://news.crunchbase.com/news/theranos-elizabeth-holmes-trial-investors-board

Re: But, she did do one good thing

Doctor Syntax

"there’s no suggestion that they did anything wrong"

Or enough due diligence.

Re: But, she did do one good thing

UCAP

Or any due diligence.

Re: But, she did do one good thing

JimboSmith

I think the wool was being pulled firmly over everybody’s eyes . Theranos were faking results, using other peoples established tech or just lying to convince investors etc. Walgreens signed a deal with Theranos despite their own hired in expert saying he had serious concerns. The executives just ignored him I suspect because the potential was too good and they were worried about rivals getting in there first.

Seriously recommend reading the book on this if you want to get the full story.

Anonymous Coward

There but for the grace of god goes every silicon valley startup founder. They all lie. They all deceive their investors. Their investors are all stupid enough to be deceived. Theranos were just stupid enough to do it in a highly regulated industry.

I am not afraid of tomorrow, for I have seen yesterday and I love today.
-- William Allen White