Live data from Hacker News

Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

sec.gov

301–310 of 557 posts

Re: Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

#301

Theranos and Holmes have agreed to settle the fraud charges levied against them. Holmes agreed to pay a $500,000 penalty, be barred from serving as an officer or director of a public company for 10 years, return the remaining 18.9 million shares that she obtained during the fraud, and relinquish her voting control of Theranos by converting her super-majority Theranos Class B Common shares to Class A Common shares. Du…

Not in my opinion.

I remember those interviews, with the black turtle necks. She was playing the part of genius, but looked full of it, especially with all the secrets.

She is basically being fined $500,000. This is pocket change. I imagine so much money is hidden. This hidden money just might be the next fraud charge?

"Bared from hiring as an officer, or director for 10 years."

She will get hired on somewhere under Something of Something, even though she's a complete fraud? She didn't even finish her degree? Hell--most people don't know anything about blood testing. In a few months, the victim will be on stage somewhere. "If a was a ---, I wouldn't be treated this way!"

She got off very light. She's pretty enough to be scooped up by a Valley Boy. We have not heard the end of her. She will be fine.

I can't imagine any retirement money went into the company, so I really don't care about the 1 percenter's who lost some pocket change.

The only thing I'm glad about is no one is going to sport the black turtle neck, for awhile at least--that look belongs to Steve anyways. Any maybe, when the genius card is thrown around, people might do a little homework?

She did enter the market, with the right look, pedigree, though. The Lookers were looking for the next Zuck. Oh well, and the band plays on.

(I have a feeling under Trump's reign, the SEC, federal courts will go very easy on these types. So--if your planning on doing something fraudulent, white, and have family money; go to work.)

Re: Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

#302

Ok, this is the money line in that press release for me: “The charges against Theranos, Holmes, and Balwani make clear that there is no exemption from the anti-fraud provisions of the federal securities laws simply because a company is non-public, development-stage, or the subject of exuberant media attention.” For all those entrepreneurs are trying to "fake it until you make it" be aware that the SEC considers your…

The last para is even crazier.

> Ms. Holmes and Balwani falsely claimed to investors [...] and that Theranos would generate more than $100 million in revenues in 2014, the SEC said in its complaints. In fact, the company’s revenues were a little more than $100,000 that year.

I couldn't figure out why investors were putting all that money in. Telling them you were making $100m makes the investments make a hell of a lot more sense.

What's 3 orders of magnitude between friends? She deserves prison time for this.

Re: Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

#303
post #139

Earlier quoted context omitted.

Criminal litigation authority is on a whitelist, not a blacklist. It's not that a law restricted them, it's that they simply were never granted that authority. Random government authorities can't bring criminal proceedings anymore than the meter maid writing a parking ticket has the ability to haul you to court for parking in the wrong place. They send the information along to the people who do have that authority an…

> The key words in the article are "civil, not criminal". My keyword is why .

Because criminal litigation can foreclose other criminal litigation from the same transaction, meaning that splitting up criminal litigation power crestes a significant risk that an agency would accidentally block prosecution of more serious offenses within a different agencies jurisdiction. Centralizing prosecutorial authority prevents that.

Re: Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

#304

Earlier quoted context omitted.

Why? Are you saying that remorse should not be taken into account?

Correct. Further, even if I did believe that, I wouldn't wish it in practice: Criminality and psychopathy are tightly correlated, particularly with fraudsters. Psychopaths are excellent at faking remorse and other emotions that they do not actually feel. I would not want the punishment of a criminal dependent on their acting skills .

The judicial system makes calculations to mitigate punishment based on belief of whether someone will present a danger to society. This includes the sentencing decided by the court, and subsequent reviews by parole boards. You think it better to eliminate such leniencies and move toward mandatory sentencing and 3-strikes type of policies?

Re: Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

#305

Earlier quoted context omitted.

"Fake it til you make it" generally refers to acting like you believe in yourself even if you're filled with self-doubt. Not actual fraud.

As with anything there is the way in which something is offered and the way in which it is consumed. I have encountered many people who have internalized "fake it" to mean "pretend that you are hitting all your milestones and you executing against your plan". These folks see this as a way to keep the questions of why they aren't actually doing all of that at bay because later when they are "making it" those questions…

> I have encountered many people who have internalized "fake it" to mean "pretend that you are hitting all your milestones and you executing against your plan".

This thread is the first time I've heard it applied seriously as to encourage lying and fraud.

Another similar common saying is "dress for the job you want, not the job you have." But sayings imply that you should act as if you've made it even if you haven't. You aren't "what you want to be," but you can present yourself in that way.

Finally, while you may have met many people who have turned "fake it" into lying and fraud, they are not the majority.

> Everyone should believe in themselves.

At least you admit here admit I'm right.

Re: Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

#306

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,…

Schadenfreude is a word commonly used in discussion of the Theranos debacle and it really aggravates me because it presumes that anyone not throwing a pity party for these pathological liars defrauding people of money and potentially putting lives at stake with their bullshit tests that don't work are somehow bad people with negative personality traits. No, Holmes and her people are bad people with negative personali…

Why do you think schadenfreude is a negative personality trait or a personality disorder? It is just a name for a specific emotional state. It seems perfectly apt here.

Re: Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

#307

Earlier quoted context omitted.

"and a decision on when it is worth it to pursue a case. Unless the chance at conviction is zero, there is some politically determined risk threshold involved" - you are alleging that in this specific case there was politically determined something - without any evidence whatsoever.

You two are using different meanings of "political". There is no allegation of pulling strings and getting SEC lawyers to decide something based on her name, her connections. They act according to policy, based only on objective measures of the case. But, it can be the policy of the SEC to objectively consider chances of winning (or getting a fraud conviction) and proceed to trial only if the chances are better than…

"might". But we are talking about a specific case here. Does anyone have any evidence that SEC attorneys used considerations other than legal strategies in their decision to settle with Holmes? No? I rest my case.

Re: Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

#308
post #74

Earlier quoted context omitted.

I interpreted it somewhat differently. The money paragraph seems to be > claimed that Theranos’ products were deployed by the U.S. Department of Defense on the battlefield in Afghanistan and on medevac helicopters and that the company would generate more than $100 million in revenue in 2014. In truth, Theranos’ technology was never deployed by the U.S. Department of Defense and generated a little more than $100,000 i…

How do you not go to jail for this? This isn't fake it until you make it. This is massive fraud. 100 mil vs 100,000 is off by a factor of 1000.

Well, parsing that statement:

> claimed that Theranos’ products were deployed by the U.S. Department of Defense on the battlefield in Afghanistan and on medevac helicopters

That is clearly a statement looking at past events, so if it was false it was clearly a lie

> the company would generate more than $100 million in revenue in 2014.

The important word there appears to be "would", in which case it was a forward-looking statement so easier to argue it was based on projections that just didn't pan out.

Re: Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

#309
post #253

Earlier quoted context omitted.

As with anything there is the way in which something is offered and the way in which it is consumed. I have encountered many people who have internalized "fake it" to mean "pretend that you are hitting all your milestones and you executing against your plan". These folks see this as a way to keep the questions of why they aren't actually doing all of that at bay because later when they are "making it" those questions…

"I have encountered many people who have internalized "fake it" to mean "pretend that you are hitting all your milestones and you executing against your plan". These folks see this as a way to keep the questions of why they aren't actually doing all of that at bay because later when they are "making it" those questions will be irrelevant." This is 100% correct. I also know a fair number entrepreneurs who engage (or h…

> it's a short and murky step ... to outright fraud.

Staying vigilant against the normalization of deviance[1] is difficult even in ideal situations. Choosing to normalize deviance as a business strategy is practically guaranteed to rapidly accelerate deviations from acceptable behavior.

In any system - including every business - resilience and safety means fixing small problems before they grow into bigger, more damaging problems[2].

> rationalizations for unethical behavior

Often, it doesn't even need to be rationalized. When deviant behavior is slowly normalized in small steps, the human mind tends to only see the "small, insignificant problems", and often skips[3] over big changes that should be "obvious".

[1] https://en.wikibooks.org/wiki/Professionalism/Diane_Vaughan_...

[2] https://www.youtube.com/watch?v=PGLYEDpNu60

[3] https://www.cse.iitk.ac.in/users/se367/10/presentation_local...

Re: Theranos, CEO Holmes, and Former President Balwani Charged with Fraud

#310
I still find it crazy that her response to a question on how the tech worked was:

"A chemistry is performed so that a chemical reaction occurs and generates a signal from the chemical interaction with the sample, which is translated into a result, which is then reviewed by certified laboratory personnel."

Post reply on HN