SEC Charges Theranos, CEO Elizabeth Holmes With 'Massive Fraud' (engadget.com)
An anonymous reader quotes a report from Engadget: The SEC has charged Theranos, Elizabeth Holmes and Ramesh "Sunny" Balwani with fraud relating to the startup's fundraising activities. The company, as well as CEO Holmes and former president Balwani are said to have raised more than $700 million from investors through "an elaborate, years-long fraud." This involved making "false statements about the company's technology, business and financial performance." In a statement, the commission said that the company, and its two executives, misled investors about the capability of its blood testing technology. Theranos' big selling point was that its hardware could scan for a number of diseases with just a small drop of blood. Unfortunately, the company was never able to demonstrate that its system worked as well as its creators claimed.
The company and Elizabeth Holmes have already agreed to settle the charges leveled against them by the SEC. Holmes will have to pay a $500,000 fine and return 18.9 million shares in Theranos that she owned, as well as downgrading her super-majority equity into common stock. The CEO is now barred from serving as the officer or director of a public company for 10 years. In addition, if Theranos is liquidated or acquired, Holmes cannot profit from her remaining shareholding unless $750 million is handed back to defrauded investors. Balwani, on the other hand, is facing a federal court case in the Northern District of California where the SEC will litigate its claims against him. Worth noting: the court still has to approve the deals between Holmes and Theranos, and neither party has admitted any wrongdoing.
The company and Elizabeth Holmes have already agreed to settle the charges leveled against them by the SEC. Holmes will have to pay a $500,000 fine and return 18.9 million shares in Theranos that she owned, as well as downgrading her super-majority equity into common stock. The CEO is now barred from serving as the officer or director of a public company for 10 years. In addition, if Theranos is liquidated or acquired, Holmes cannot profit from her remaining shareholding unless $750 million is handed back to defrauded investors. Balwani, on the other hand, is facing a federal court case in the Northern District of California where the SEC will litigate its claims against him. Worth noting: the court still has to approve the deals between Holmes and Theranos, and neither party has admitted any wrongdoing.
So nice to see some accountability for these people. I also saw this today:
https://www.justice.gov/usao-n...
Oh, now they tell us.
Faster! Faster! Faster would be better!
Why does she get off with just paying a fine if she committed "massive fraud"? Shouldn't there be a little jail time involved, too? I'm not saying she's gotta do life, but maybe five years and then community service.
People get harsher sentences for selling half a pound of weed.
You are welcome on my lawn.
She raised $700m from investors but is only penalized $500k? I wonder what her net-worth is now? Probably still paid her self a ton during her tenure....
Not true. Pump-and-dump stock scams are a dime a dozen. There are probably 500 going on right now. The problem is the SEC does not have the manpower. They have maybe 300 lawyers on staff to monitor something like 25,000 publicly-traded stocks.
In fact, it is very rare for executives to go to jail, no matter how egregious, no matter how much they knew.
In this case, she is the "visionary" with no college degree and no world experience. Her lawyers can plausibly argue she was hands off and relied on experts for the important details.
I am not suggesting she should not be punished -- I am for it. But her case is unusual in a number of respects. Worrying over specifics about gonads is premature.
Yo, Muskâ(TM)s stuff works. Maybe delayed by double his estimate, but it works.
$700MM is a huge number. Bernie Madoff was probably 10 to 20 times that.
That would result in much more. I wonder what rich person she pissed of that they even went after her.
Don't fight for your country, if your country does not fight for you.
She doesn't have a Stanford degree, she finished one year.
"Who are you?" "No one of consequence." "I must know." "Get used to disappointment."
and the performing a chemistry...
I am shocked that someone who wears a black turtleneck and outputs not-quite-sensible technobabble could be guilty of defrauding people of money. It just can't happen, I tells ya!
Ah, she went full SV then; you don't get the credibility if you actually complete your degree.
Um, you missed the bit where all of Musk's stuff actually WORKS, like electric cars actually being out on the road and rockets that actually launch payloads and land again.
The Theranos majik blood tricorder never worked. Hence the fraud.
But we get it, you hate Elon Musk.
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CRTL+F Holmes : 0 results?
CRTL+F Theranos : 0 results?
Again, I will just state that the reason we (maybe secretly) take so much satisfaction / schadenfreude at this story is that someone who was so hyped and the darling of Silicon Valley got so much funding and attention. While others who toil away on good ideas, without nearly so many connections and silver spoons, struggle to even get 1 minute of air time with the kind of funders and backers that she got.
Separately, I hope that they absolutely nail and jail Sunny Balwani, who threatened and intimidated whistleblowing employees with their careers for exposing the massive fraud that Theranos was.
Finally, we should be thankful that the SEC and agencies like DHHS and CMMS actually still have some teeth and reputability to follow through on issues like this and have not been totally gutted. Imagine 100 years ago when hucksters like this were touting every fake medicine under the sun and people were actually grateful for public-serving regulation. The order from CMMS to Theranos actually essentially said, "You are in immediate jeopardy of violating the law and must provide proof that you're reversing the harm caused by your inaccurate / fraudulent medical test results. Simply closing your lab will not remove this jeopardy." Thank god for rules.
And got nearly a decade, all his assets taken, no chance of profit, etc - and he had already paid everyone back (plus he gave away the meds to anyone who couldn't afford them for the original "scandal" that made him famous.) Holmes and her entire family should be executed if held to a similar standard.
Every time this fraudster was mentioned on here I kept asking why anyone believed her, why anyone kept giving her money and why she wasn't in jail.
It was obvious from the beginning this was nothing but a scam. She never showed her results, never allowed anyone to replicate her results, and never submitted her blood test to the FDA for testing.
If those aren't red flags, nothing is.
We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
Looks like some progress on the equality front - now we got large-type women frauds too. ... I'm not even joking.
We suffer more in our imagination than in reality. - Seneca
she's the God daughter or something of somebody wealthy. She's just a well connected moderately attractive little rich girl being allowed to waste friends & family's money. Ordinarily that by itself would just be annoying, but by all accounts her company ran phony blood tests that caused real harm. I'm with other's on this thread: Criminal Negligence FTW.
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She's basically Jack Black's character from Envy, except not as successful.
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