Brainster
Penultimate Amazing
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- May 26, 2006
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Guilty on four counts, acquitted on four, hung on three.
Guilty on four counts, acquitted on four, hung on three.
Holmes was found guilty on one count of conspiracy to commit wire fraud against Theranos investors and three other counts of wire fraud against investors. She was acquitted on all four counts of wire fraud against patients. The jury deadlocked on three counts of fraud against investors.
I never wanted to see Holmes guillotined or anything. I think she scammed because she had psychological issues, so I do feel pity. What a thing, though. She really did ride the rocket to ruin.
You could say that about almost any criminal, or really anybody who displays extreme misconduct. That's no excuse for perpetrating a massive, multiyear, multibillion-dollar fraud, especially in the health care field. Lock her up for a long time.
Psychopathic murderers have "psychological issues" too.I never wanted to see Holmes guillotined or anything. I think she scammed because she had psychological issues, so I do feel pity. What a thing, though. She really did ride the rocket to ruin.
No, it's no excuse, but I think she was scamming herself along with everyone else.
No longer comfortable though.No she wasn't. She is a member of the comfortable class, as such she expects or rather knows that the world is as she wishes it to be she simply did not have the knowledge base nor intelligence (which can make up to a degree for a lack of specific knowledge) to understand the world doesn't work as she was taught and experienced from the cradle that it did.
I'm a bit disappointed that she was not found guilty of defrauding patients. She's being held to account for defrauding the super-rich who were making risky investments in a start-up.
If there's one thing our courts exist to do, it's to punish people who rip off rich idiots.
Punishing people for endangering patients with a scam medical device is not really something the law does very well.
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I’m disappointed that the jury did not find her guilty of defrauding patients. Her lies about the capabilities of their machines are directly responsible for putting patients at risk. I know that a few years back, a bunch of patients sued Walgreens and Theranos but I don’t see any updates as to how that came out. I’ll bet it was a paltry settlement without admitting wrongdoing.
I can see, as Bob001 said, that there is a lot of responsibility to go around. Walgreens definitely shares responsibility for not properly vetting the science before offering it to patients. I just don’t see how that lets Holmes off the hook for her responsibility.
I think the jury had an opportunity to make a statement against companies and people who perpetrate fraud in the medical industry. While I understand that isn’t necessarily their job, I just don’t see how they could find her guilty of defrauding investors but not of defrauding patients.
Because the patients weren't materially disadvantaged. The patients were receiving accurate results
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Because the patients weren't materially disadvantaged. The patients were receiving accurate results - it's just that Theranos wasn't conducting the tests itself using its proprietary technology, but rather it was sending the bloods out to proper labs for analysis with equipment that actually worked as required.
On the other hand, investors were materially disadvantaged. They were persuaded to invest (some very heavily) in a company which promised them it had designed a revolutionary new machine/process for testing blood. The investors gave Theranos lots of money on that basis, with the implied expectation that this revolutionary technology a) would make Theranos a very important player in the global medical diagnostics industry extremely quickly, and b) would make a profitable return for those investors, similarly quickly.
Had Holmes told the truth to potential investors, there would have been way less chance that they'd have invested - and the implied valuations upon which any investments were made would have been way lower. Holmes and Theranos effectively conspired to defraud investors.
I can therefore see perfectly well why the Holmes convictions/acquittals fell where they did.
Holmes knew all of that was happening. She insisted they open Walgreens labs when she knew they weren’t ready to serve patients. It’s just unthinkable that something like that even happened.
You are correct in that most tests were being run on regular commercial lab machines; however, those machines were modified in ways they were not designed for in order to be able to run tests on small amounts of blood. By so modifying them, they were operating their lab outside the standards set by CLIA and the FDA approvals for those machines. They did do a lot of testing on regular blood draws on unmodified machines; but a large chunk of the testing was on modified machines outside standard operating procedure for those machines.
And their lab was a mess. They couldn’t pass CLIA inspections and that was a big reason they had to shut down the lab which was a step on the way to the downfall of the company.
They had to invalidate all test results from the Walgreens/Theranos sites. Millions of tests. It’s impossible to say which results were accurate or not and doctors made medical decisions based on those results. Many patients had adverse reactions. They were told they had weird autoimmune disorders that they later found out wasn’t true.
Here’s a WSJ article detailing the mess they made of patient care as it happened: https://www.wsj.com/articles/the-patients-hurt-by-theranos-1476973026
Holmes knew all of that was happening. She insisted they open Walgreens labs when she knew they weren’t ready to serve patients. It’s just unthinkable that something like that even happened.
It will be interesting to see if this sparks a round of civil suits.
Against who? Theranos is broke and Holmes is going to jail.
Fun fact: Maybe everybody else knew this, but I was surprised to just learn that Holmes' daddy had been a senior executive at Enron before its collapse. Maybe Holmes developed her skills around the dinner table.
Maybe. But Enron had multiple divisions, covering many unrelated areas of business. Their pipeline infrastructure business wasn't necessarily the same environment as their electricity-trading business. My understanding is that some senior executives were definitely in the loop on the electricity market shenanigans, but others weren't involved in that side of the company at all.
https://heavy.com/news/2019/03/elizabeth-holme-parents-noel-christian/....He also served as Vice President for Tenneco Energy and Vice President of Enron, responsible for due diligence on potential investments in the environmental and energy sectors.
Sure. He was never charged with anything, and he went on to other responsible jobs. However, according to an official biography,
https://heavy.com/news/2019/03/elizabeth-holme-parents-noel-christian/
It doesn't sound like he was a paperpusher either.
And apparently both of Holmes' parents played an aggressive role in promoting her, even from childhood.
https://www.forbes.com/sites/peterc...s-known-here-since-childhood/?sh=5b28ade9366b
How awful of them!
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You didn't read the link, did you?
Her dad worked at Enron?
The apple don;t fall far from the tree, as the saying goes.
You didn't read the link, did you?
How did Holmes get her super-human skills at conning people? For a perspective on that, I interviewed a psychiatrist and inventor who was friends with her parents and watched Holmes grow up -- ultimately being sued by Theranos over a patent that cost him millions to defend.
Richard Fuisz, M.D, is a Georgetown-educated psychiatrist, inventor, and former CIA agent who has known Elizabeth Holmes since childhood. As Carreyrou's Bad Blood documents, he was the defendant in a lawsuit filed by Theranos in 2011 against Fuisz and his son, John.
After spending $5 million defending the lawsuit, Fuisz settled in 2014 in what he called a "kill the dog" agreement in which neither party received anything from the patent.
Fuisz said that Elizabeth's parents were striving to improve their position in the world. As he said, "The Holmes family -- parents were Christian and Noel -- were our neighbors in Virginia. They were very political and aspired to use their Washington connections to get money. Our kids grew up with their kids. They were jealous of our family. I was a physician who had many patents and made money off of them and knew Arabic."
Noel programmed Elizabeth to be like me, invent and learn a language.
And apparently both of Holmes' parents played an aggressive role in promoting her, even from childhood.
My assistant said I had a call from Beijing. 'Of course I’ll take the call.' He said, 'You’ve got to meet this young lady [Elizabeth Holmes]!' I said, 'John, what?' 'You’ve got to meet her; she’s fabulous.' 'Okay.' I’m figuring twenty minutes, right? This young lady comes in; I think she probably was 21 years old at the time and had left Stanford, didn’t graduate, and she had a company called Theran[os]. And I thought this was going to be a short conversation. Well, now I’m chairman of the board and spend a lot of time with her and the company and she’s doing super!
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Now all that said, I do tend to agree with his assessment of Holmes herself. Watching the documentary (Out for Blood) I was mostly struck by how unimpressive she seemed. And yet some very sophisticated people who met her back then thought the exact opposite. Note the VC quoted in 2009:
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With her family's background -- [her great, great grandfather, Christian R. Holmes, was a surgeon who had Cincinnati General Hospital named after him and married the daughter of Charles Fleischmann who founded the yeast company and was her great, great, great grandfather] -- why is she so insecure? That family background was part of the con. She would be introduced and when questions were asked about her scientific knowledge or business acumen, these family members would be brought up.
Possibily equally relevant:
That's part of what sounds like an affinity scam. She was telling rich, powerful people that she was one of them by virtue of her family connections. If an average undergrad could even get a meeting with people like this, as soon as she said "I'm building a device that will...." they would have said "Prove it! Show me the numbers!" But not this pretty blonde.
Really hard to feel that bad for the victims of this scam. It's all rich people who are braindead from huffing their own farts and actually believe stupid things like you describe. Investing in some moonshot device based entirely on some sap story about being afraid of needles, FOMO from seeing all your other elite buddies plow money in, and an eccentric in a turtleneck promising to "disrupt" the market. Holmes was the dumb guy's idea of a smart businesswoman, and luckily for her there are no shortage of rich dumb guys in this country willing to throw money at her.
The people plowing money into this thing are rich exactly because of their relationships with other wealthy people. The idea that there should actually be any merit to an idea is a totally foreign concept who's entire world revolves around personal connections and status. God Bless Theranos for fleecing the DeVos family, Kissinger, and all these other ghouls.
I don't and can't agree with your schadenfreude here. These investors were materially lied to, and they deserve the maximum possible restitution.
But I totally agree with your reasoning around how/why Theranos and Holmes managed to extract large sums of money from wealthy private individuals (and also wealth management funds, VC funds and angel investors). I've worked on VC deals, and you're entirely right to point out what looks superficially to be strange investment dynamics.
The way it works is as follows (for wealthy individuals and institutional investors alike):
For early-stage dotcom and "blue sky" ventures, investors typically adopt a portfolio approach to allocating funds. They know very well the metrics and expectations around the generation of returns. The most common expectation is colloquially defined like this: for early-stage investments in these sorts of companies, they assume 12 will go bust and they'll lose all their equity investment; 5 will generate low (but acceptable) levels of shareholder returns and exit valuation; 2 will generate very good (better than the S&P 500) returns and exit valuation; and 1 will become a huge success.
So in other words, early-stage investors in Theranos were not automatically expecting that the company would evolve into a hugely valuable and profitable endeavour. But the fact that they were so egregiously lied to by Holmes and Theranos is, nevertheless, something that these investors neither deserved nor should have expected.
Theranos was a "perfect storm" situation. The product (which, it turned out, was a pack of lies) was extremely compelling - had it worked, and had Theranos been properly-run, early-stage investors would have been entitled to expect that this was an investment which stood every chance of being up near (or at) the top of the portfolio calculation I mentioned above.
On top of that of course, Theranos had Holmes. She was articulate and persuasive; plus (and this cannot be minimised or discounted as a factor) she was a young, attractive, glamorous, go-getting woman. VC and private investors almost always encounter start-ups run by either a) nerdish young men with few social skills, or b) ex-Wall Street investment bankers or management consultants, who can be quite intimidating and rank-pulling in their pitches for funding. Holmes was very different from those stereotypes. And I don't doubt that this formed a significant driver of many decisions to invest in Theranos.
On top of that of course, Theranos had Holmes. She was articulate and persuasive; plus (and this cannot be minimised or discounted as a factor) she was a young, attractive, glamorous, go-getting woman. VC and private investors almost always encounter start-ups run by either a) nerdish young men with few social skills, or b) ex-Wall Street investment bankers or management consultants, who can be quite intimidating and rank-pulling in their pitches for funding. Holmes was very different from those stereotypes. And I don't doubt that this formed a significant driver of many decisions to invest in Theranos.
I once helped a friend try to start a business that would have required a significant amount of venture capital. His idea ended up being rendered impractical by a change in federal law and a Supreme Court decision, so he abandoned the project. However, one thing that I learned that's always stuck with me is that VCs would rather invest in a B idea with an A management team than an A idea with a B management team.
I once helped a friend try to start a business that would have required a significant amount of venture capital. His idea ended up being rendered impractical by a change in federal law and a Supreme Court decision, so he abandoned the project. However, one thing that I learned that's always stuck with me is that VCs would rather invest in a B idea with an A management team than an A idea with a B management team.
Which makes sense, from an investment-risk point of view.
But also makes the Theranos case interesting, since it seems the VCs were investing in an A+ idea with at best a B- management team.