Earlier quoted context omitted.
>Following a three-month trial and deliberations over five days that ended in July, Balwani's jury returned guilty verdicts on all 12 charges brought by the Justice Department — seven counts of wire fraud for defrauding Theranos investors, two counts of wire fraud for defrauding paying patients, two counts for conspiring to defraud investors and patients, and one count for wire fraud related to Theranos advertisement…
All tort cases need someone to be the harmed by the crime. So of course the investors would be the central focus. How they pulled off the crime is how they are prosecuted though. Running the fake company that investors put money into is as critical (or more so given the due diligence process) as persuasively asking the investors for the money.
Obviously people were harmed but it was a criminal case.