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

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331–340 of 557 posts

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

#331
post #44

Earlier quoted context omitted.

You dont really think a working class Albanian would get treated the same as a well connected blonde woman do you? This is America here. Shkreli got convicted because he was running "Ponzi Scheme" where no one lost money. Figure that one out.

If you rob a bank and then go to a casino and bet it all on 'Black', you're not absolved of that original crime if Black hits and you pay back the bank. Shkreli lied to his investors (he claimed he had $55M under management when it never surpassed $6M), produced false financial statements, told prospective investors that his original investors had doubled their money (when they actually lost everything), raided the f…

What about the fact that Holmes actually lost money for investors and got no jail time. While martin lost no money but got 7 years of jail time. Where is the fairness? I am surprised by the stupidity I view on this forum, which is suppose to be frequented by people working in top tech.

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

#332

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…

Pharma Bro was just sentenced to 7 years in jail for misrepresenting facts to investors, despite said investors did not lose any money but actually made some [1]

Here Holmes not only doctored power point presentations to baloon numbers to investors, but put thousands of lives in danger (if some were lost, we will eventually find out) by providing wrong results for tests to many patients that lives relied on it, and she gets jail-free card and slap on the wrist.

[1] https://www.cnbc.com/2018/03/09/pharma-bro-martin-shkreli-se...

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

#333

Earlier quoted context omitted.

This will wipe her out, and likely kill her career. Remember, this is just the SEC. The pain they inflict is commensurate to investor pain. The government still should go after them for endangering people’s lives. There should be long jail terms for that.

>This will wipe her out Will it though? Surely Holmes still has a few million stashed away somewhere that she can live comfortably off of? This settlement isn't going to leave her destitute. Either that or I'm sure she set up some clever offshore accounting structure that has $10M stashed in the cook islands or some shit. As soon as you get some cash, I think "rich person 101" is you set up some complicated structure…

Did she take money off the table? Not everyone does/can, even when they raise a lot.

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

#334
post #7

Won’t see a day of jail time while Shkrelli gets 7 years.

Martin Shkreli was, honest to god, an idiot. He got several chances to "kiss the ring" and show remorse, and what did he do? He put some extra oil on the fire and kept acting like an idiot until the very last moment. Sometimes you need to realise when to fold and suck it up.

Acting like a idiot is not ILLEGAL !!!

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

#335

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…

Fined $500k AND she returns 19M shares. Unclear if that's "effectively all of it" without doing more homework.

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

#336

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…

Most likely she also has Directors and Officer's Liability Insurance:

https://en.wikipedia.org/wiki/Directors_and_officers_liabili...

As part of the settlement, there was no actual admission of wrongdoing or fraud, so it's quite possible that the insurance would pay the fine.

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

#337
Still slightly amused that my uncle thru marriage..his brother was the CEO of a very well known national store who invested in Holmes. My uncle in 2014 mentioned how excited his brother was to help Holmes out and her mission. Which seems like there was no mission just a spoiled brat telling lies for her ego's sake all the while leading all her parents rich friends to be defrauded.

I tried so many times to get investment from his brother yet his brother just played along/followed his rich friends vs. helping out a distance family member. I even had a startup in which I met with Google per their invitation to talk about buying us and every huge tech name knocked on our door. We only received 25k of investment from a Baltimore incubator, yet tried to get additional but I'm not a cool kid or a kid with rich friends or parents with rich friends.

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

#338

People keep complaining about lack of jail time. As has been repeated in a number of subcomments: The SEC cannot send people to jail. Full stop. They have only civil authority. They refer criminal cases to the US attorneys/DOJ, and offer assistance. All evidence suggests they did so here. The decision to criminally prosecute or not is out of their hands.

I don't see any mention of the matter being referred to the Department of Justice in the press release. I mean sure, DoJ surely watched what is coming out of the SEC and will decide separately, but (as we see here) the casual reader who is unfamiliar with agency structure will understandably conclude that the government is done with her.

Absolutely DoJ will jump on it... they don't need other Dept blessings; now seeing Holmes taking deals, its a much easier case for prosecution. Give it 2 years max.

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

#339
post #209

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…

"fake it until you make it" generally refers to the product implementation vs pitch on the consumer side. e.g. You pitch "The best automated way to do X!", but in actuality you have a horde of people doing the work initially to figure out the problem before building the actual automation. There is nothing wrong with this and remains a completely viable approach. What you don't do is tell your investors you've already…

>There is nothing wrong with this

Yes there is. You're selling investors on capabilities you don't have, or at least intentionally misleading them about your abilities. Unless you're explicitly telling them that you WILL have "The best automated way to do X!" and are working hard on it, you're deceiving them.

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

#340

His name is Tyler Shultz. He is the main reason we know know what Theranos was doing. He had his life destroyed, he knew it would happen, what Theranos would do to him, and he did the right thing all the same. Tyler Shultz is a hero. Never let someone tell you that you don't matter. Try hard to do what is right. We need more people like him, be one of them too. Be like Tyler Shultz. https://www.vanityfair.com/news/20…

He has started his own company Flux Biosciences in 2017 after learning some important lessons...

"With Theranos I learned that entrepreneurs have to sell their vision," he said. "But you have to have some line between having a vision and seeing something that’s just not there."

"[Flux Biosciences] is developing point-of-care medical tests on blood, urine or saliva. Right now the company is working on a test for testosterone in saliva which could give a consumer health information but wouldn't serve as a diagnostic test that would affect medical care, as Theranos' tests aimed to."

https://www.forbes.com/sites/elliekincaid/2017/10/03/after-b...

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