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Theranos Misled Investors and Consumers Who Used Its Blood Test

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Re: Theranos Misled Investors and Consumers Who Used Its Blood Test

#71
post #66

Earlier quoted context omitted.

Shkreli fought it - she took the deal.

Oh, wow.. Honest question: I know that plea deals and other rather arcane behind-the-scenes agreements are a thing, but as someone who is not all too familiar with the American justice system, is that really the only relevant difference? So, what kept Shkreli from taking a deal?

[deleted]

Re: Theranos Misled Investors and Consumers Who Used Its Blood Test

#72
post #66

Earlier quoted context omitted.

Shkreli fought it - she took the deal.

Oh, wow.. Honest question: I know that plea deals and other rather arcane behind-the-scenes agreements are a thing, but as someone who is not all too familiar with the American justice system, is that really the only relevant difference? So, what kept Shkreli from taking a deal?

He thought he could get away with it.

Re: Theranos Misled Investors and Consumers Who Used Its Blood Test

#73
post #66

Earlier quoted context omitted.

Shkreli fought it - she took the deal.

Oh, wow.. Honest question: I know that plea deals and other rather arcane behind-the-scenes agreements are a thing, but as someone who is not all too familiar with the American justice system, is that really the only relevant difference? So, what kept Shkreli from taking a deal?

From my limited understanding, he broke the law but was able to return all the funds to investors. So there weren't damages per se, but I think statutory penalties instead.

Re: Theranos Misled Investors and Consumers Who Used Its Blood Test

#74
post #70

Is there any data on how much the executives of Theranos profited while trying to produce these blood tests?

The SEC report says about Holmes

> Holmes was paid a salary of approximately $200,000 to $390,000 per year between 2013 and 2015

> Holmes has never sold any of her Theranos stock.

> Due to the company’s liquidation preference, if Theranos is acquired or is otherwise liquidated, Holmes would not profit from her ownership until – assuming redemption of certain warrants – over $750 million is returned to defrauded investors and other preferred shareholders.

So she probably didn't profit that much financially from the fraud (especially not compared to the sums in play), unless Theranos somehow magically comes back from the grave.

Re: Theranos Misled Investors and Consumers Who Used Its Blood Test

#75
post #66

Earlier quoted context omitted.

By comparison, Shkreli is going to prison over a mere $10M fraud.

Shkreli fought it - she took the deal.

Shkreli was charged criminally. She hasn't even been charged criminally.

Re: Theranos Misled Investors and Consumers Who Used Its Blood Test

#76

I haven't found an article or comment that gives me any insight into what Ms. Holmes might have been thinking. Did she earnestly believe she was on the cusp of some breakthrough, or that one was inevitable with enough brute-force application of investor money? Or was she shrewd and cunning to the core, calculating that she could siphon off enough money to make it worthwhile and spend enough money to spin the facts? I…

I apologize for the formatting issues. It is one of the reasons I shut this blog down. But here are some of my thoughts from a few years ago: http://micheleincalifornia.blogspot.com/2016/05/theranos-cul...

I'm skeptical that this a gender-specific issue. Lots of men complain about the difficulty of getting helpful feedback, too. And feedback is hard to provide, regardless of the recipient's gender. You're always walking a line between being sharp enough to be heard versus gentle enough to avoid offence. Ultimately, the recipient is still responsible for the consequences of their actions, and you just have to let them play it out.

Re: Theranos Misled Investors and Consumers Who Used Its Blood Test

#77
post #73

Earlier quoted context omitted.

Oh, wow.. Honest question: I know that plea deals and other rather arcane behind-the-scenes agreements are a thing, but as someone who is not all too familiar with the American justice system, is that really the only relevant difference? So, what kept Shkreli from taking a deal?

From my limited understanding, he broke the law but was able to return all the funds to investors. So there weren't damages per se, but I think statutory penalties instead.

SEC cannot bring criminal charges. The Justice Department can. We will see if they do in the case of Elizabeth Holmes.

Re: Theranos Misled Investors and Consumers Who Used Its Blood Test

#78
post #66

Earlier quoted context omitted.

Shkreli fought it - she took the deal.

Oh, wow.. Honest question: I know that plea deals and other rather arcane behind-the-scenes agreements are a thing, but as someone who is not all too familiar with the American justice system, is that really the only relevant difference? So, what kept Shkreli from taking a deal?

The US has two parallel justice systems. One is civil, the other is criminal. The purpose of the civil justice system is to resolve disputes and amend harms. The purpose of the criminal system is to punish.

Shkreli was charged in the criminal system; Theranos was caught up in the civil system.

You can’t take a plea deal in the civil system because there’s nothing to plead to. You can only settle, which essentially means the parties to the dispute figured out an agreement without the help of the court.

Re: Theranos Misled Investors and Consumers Who Used Its Blood Test

#79

I have been a voice in the wilderness since about 2007 on this one, so this is shadenfraude on a level that makes me kind of embarrassed about myself. My background is biomedical engineering, and I just never, ever understood how the sampling rate could ever work. If you're looking for a low-energy signal and your sampling rate is really low, you're just going to miss it and this should've been screamingly obvious to…

I don’t think you had to be a biomedical engineer to have called this one, even years ago. Its attributes hit HN (and the gushing tech media) in all the soft spots: young, female founder, college dropout, wore black turtlenecks like Steve Jobs, disruptive tech, attacking a stodgy conservative industry, order(s) of magnitude claimed improvements. It was simply too good and aligned perfectly with the HN zeitgeist. Just…

[deleted]

Re: Theranos Misled Investors and Consumers Who Used Its Blood Test

#80

I have been a voice in the wilderness since about 2007 on this one, so this is shadenfraude on a level that makes me kind of embarrassed about myself. My background is biomedical engineering, and I just never, ever understood how the sampling rate could ever work. If you're looking for a low-energy signal and your sampling rate is really low, you're just going to miss it and this should've been screamingly obvious to…

> I have been a voice in the wilderness since about 2007 on this one The Hacker News commenters have always been quite kind and optimistic about Theranos and Ms. Holmes. Were your doubts downvoted?

That's far from the case, as anyone who wants to comb through https://hn.algolia.com/?query=Theranos%20points%3E10&sort=by... can see for themselves.
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