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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

#21

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.

Was?

[deleted]

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

#22

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…

If you are convicted for drug trafficking or plead guilty to it, any asset that you can't prove you received through other legal means is likely to be subject to seizure.

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

#23
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 strategy both fraudulent and they feel they have the jurisdiction to prosecute you. And while I doubt the SEC is going to go after every CEO that raised a Series A on a pitch deck that was pure fantasy, the people who participated in the round might bring them in if it served their purposes.

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

#24
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.

There are other correlations like being rich and having connections.

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

#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.

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

#28
post #19

Take a TV from a truck that's left open behind a warehouse; get months if not years in jail. Deliberately commit fraud for years and steal millions and millions of dollars; slap on the wrist. Our system is so ridiculous.

The SEC is a civil agency and can not jail anyone for anything, they can only levy penalties. Justice has to take over the case for an offender to go to prison.

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

#30

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…

SEC doesn't put people in prison, it can refer to Justice Department for prosecution. Whether it does or not, depends on the circumstances of the case. They prefer quick resolution rather than years of litigation.

Many people are in jail today because they can't post bail. You can discourage ever facing incarceration by being able to afford a good legal defense. You can be forced to accept incarceration without conviction because you are poor.
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