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

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

#151

Earlier quoted context omitted.

It helps when you’re the opposite of a black male.

My opinion: if you think this is about race and gender (as opposed to about wealth and power) you're being played.

I think it plays into it quite a bit. Odds are, of the two crimes listed, stealing a car is more likely to be done by a black male. Hence, it's punished harder, despite Theranos objectively doing more harm.

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

#152

Earlier quoted context omitted.

It's worth nothing that one of Theranos's VC funders, Tim Draper, did defend Holmes despite the fraud allegations: https://news.ycombinator.com/item?id=11973102 https://www.vanityfair.com/news/2017/01/theranos-investor-cl...

That's extremely interesting, thanks for sharing. Think about the decision that he had to make in 2016. He had to choose between admiting his mistake and doubling down. The downside of admitting his mistake is that he's guaranteed to get negative points; the upside is that it will minimise futures downsides. By dubling down, he's guaranteed to reduce his negative points in 2016 but exposes himself to magnified upside…

My understanding is that competence only matters when other people are giving you money, and doesn't matter at all when you're giving people money. I think you're really overestimating the downsides.

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

#154

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…

I wish we could do this to politicians, once caught in lie and fraud, bar them from taking any public office for 10 yrs :). I agree she got away lightly.

Impeachment provides for this. At the federal level, you are bared from public office for life upon conviction. And it doesn't apply only to elected officials, but all public officials. Even some low person on the totem pole could be impeached, removed from their office, and bared from holding any public office ever again. Pardons do not apply to impeachment convictions.

States vary in their impeachment proceedings and what burdens must be met.

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

#155

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…

I’m glad, and frankly I’m tired of all these “fake it till you make it”, “lean” startup, wizard of oz type companies polluting people’s attention with fake or half baked product offerings for shit that doesn’t exist just so they can get a signal to see if something is really worth doing or not. Consumer hostile.

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

#156
post #26

There's often a thin line between "startup founder" and "confidence man".

No, there isn't often a thin line. Most founders are not out there committing massive fraud. They may be doing a lot of marketing, and are probably promising things that still have to be built, but they're not out there lying that they have millions in revenue from contracts that don't exist, or falsifying demos.

Right.

"We had $50 million in bookings this year" - Misleading because it seems like that should mean $50 million in revenue but all of the bookings were for 10 year contracts so it is really only $5 million in revenue, but it is not fraudulent because it isn't factually untrue.

"We will be able to raise prices enough to be profitable" - Often optimistic to the point of delusion, but without a time machine it is not a statement of fact so it isn't fraud.

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

#157

Earlier quoted context omitted.

let's dispense with political bullshit. A protracted lawsuit would cost the government millions of dollars with an uncertain outcome. Instead, Holmes is paying the government 500K and returning shares. The SEC is going to court against Balwani, where the case is presumably stronger. the plebs is strictly better off and not everything the government does is bad.

So if it’s too expensive, we should let criminals walk? Fraud is a crime you know. She should be in jail. Kids have gone to prison for marijuana possession and this lady walks? Martha Stewart and that Martin guy went to prison for less.

no, you are totally confused. SEC doesn't have a strong case to prove that Holmes is a criminal. get it? you have to PROVE first that Holmes is a criminal and SEC decided, based on the quality of the evidence, that it is better off settling with her than trying to PROVE she is a criminal.

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

#158

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

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

#159
post #14

Earlier quoted context omitted.

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.

Alternative take: it's disgusting and offensive to the foundational concept of blind justice that punishment is more highly correlated with charisma and obsequiousness to judges than it is to actual crimes committed.

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

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

#160
post #136

Earlier quoted context omitted.

You can have all of those listed beliefs and still be honest about the actual state of your company, progress towards goals, etc. Doing so will probably beat those beliefs out of you, and you can come to an honest understanding of your limits. Arrogant, presumptive behavior is annoying -- but I think it's important to keep a bright line between that and dishonesty, because one self corrects and the other doesn't. And…

Then I'm confused: how can you a) hastily dismiss all self-doubt as Impostor Syndrome and b) believe "no one knows what they're doing either" while remaining able to accurately, honestly self-assess your skill, quality of work, and prospects for success? Edit: If you have a good answer, then I would suggest we start posting that as the advice ("here's how you know if you're good enough") rather than immediately tell…

> Then I'm confused: how can you a) hastily dismiss all self-doubt as Impostor Syndrome and b) believe "no one knows what they're doing either" while remaining able to accurately, honestly self-assess your skill, quality of work, and prospects for success?

IDK, I feel like that's a sweet spot most people hit at the end of a PhD. Enough confidence in yourself that you can expend lots of resources trying hard things.

Enough humility to recognize that you'll probably fail at most of those things.

And most importantly, the project management, risk management, and communication skills to hedge your big bets.

Enough experience working with top-tier people to know that all of these things are learnable skills that other successful folks are using (including fields medalists and including high-school dropouts).

Maybe there's a difference between the "informed arrogance" of a researcher working on an open problem in their field (or a serial entrepreneur trying to disrupt a huge industry) and the "uninformed arrogance" of a charlatan, hack, or (in this case) fraudster?

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