back to article Former Theranos CEO Elizabeth Holmes sentenced to 11 years in prison

A federal judge on Friday sentenced former Theranos CEO Elizabeth Holmes to 11.25 years in prison and three years of supervised release for defrauding investors in the failed blood testing company. Holmes, facing 11 charges, was found guilty in January 2022 of conspiracy to commit wire fraud and three counts of wire fraud, and …

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    1. Insert sadsack pun here

      Walgreens is exactly the kind of stock that your pension is invested in.

      1. Tom 7

        A decent pension fund would have spread the load. Fucking insane to imagine pensions as an excuse for massive fraud - unless of course you wish your pension to be bolstered by massive fraud.

    2. iron Silver badge

      And many people were given incorrect test results for testsw like cancer. How would you like to be told you had cancer when actually you were fine? Or worse, told you were fine then one day your family find you dead?

      1. Yet Another Anonymous coward Silver badge

        Or you were told you were fine and missed treatment that could have saved you.

        1. Anonymous Coward
          Anonymous Coward

          Good thing she isn't being punished for that then!

          That being said, I imagine that if someone had had a major medical outcome arising from defective testing, then at a minimum they would have sued Walgrens, and in turn the Theranites would have faced charges of actual physical harm.

          1. Julian 8 Silver badge

            bit hard if you are dead due to misdiagnosis

  2. Twanky

    Some...

    Some of those who lost money investing in Theranos are extremely wealthy,

    Yeah - and some were not. It does/should not affect the verdict of whether it was fraud or not.

    After being found guilty the level of harm done should affect the length of the sentence and from the article it seems the judge has opted for minimum.

    1. Ali Dodd

      Re: Some...

      no mention that her fraudulent product actualy caused people to die as the tests it used were considered accurate at the time but of course were now. 11 years is too short.

      1. Twanky

        Re: Some...

        her fraudulent product actualy caused people to die

        AFAIK she was not found guilty of that. Was it in one of the indictments that the jury was unable to resolve?

  3. Forget It
    Devil

    Vampirella

    any one:

    https://archive.org/details/vampirella_202003

    (Angela Carter's)

  4. MJB7

    For UK residents

    Note that this is more like a 15-20 year sentence in the UK. In the UK there is (crudely) an automatic right to release at the half-way point. In the US it is more like 90%.

    1. Fred Dibnah

      Re: For UK residents

      If she was tried in the UK she probably wouldn't go to prison at all.

      1. heyrick Silver badge

        Re: For UK residents

        I think it depends how many (and which) MPs she cosied up to?

        I mean, she's blonde and not bad looking, so Johnson...

      2. MachDiamond Silver badge

        Re: For UK residents

        "If she was tried in the UK she probably wouldn't go to prison at all."

        The difference in prison time being handed down between the US and UK is very striking. The courts in the US usually proscribe much more time.

      3. Ian Johnston Silver badge

        Re: For UK residents

        If she was in the UK she'd have made a couple of billion selling dud PPE to the NHS.

    2. werdsmith Silver badge

      Re: For UK residents

      In the UK the entire sentence is served, but some of it can be (and usually is) on license. A 15 year sentence is not the same as 15 years locked up in prison. A sentence can include a minimum time to be spent inside, but the length of the sentence includes time in custody and time on licence. On licence means a person can be returned to prison for any offence. Hence a life sentence. When a person is sentenced to life, they remain on license until they die, but not necessarily behind bars.

      1. Hans Neeson-Bumpsadese Silver badge

        Re: For UK residents

        True.

        Also, time can't be added onto a sentence for bad behaviour, so if someone misbehaves while they're inside, then the authorities simply lengthen the time before they can be considered for release on licence.

    3. mark l 2 Silver badge

      Re: For UK residents

      The UK automatic release on license at the half way point is only for 'regular' offenses, as if a offender is classed as dangerous they serve at least 2/3 of the sentence in prison and have to go in front of a parole board who decide when they can be released on license.

      The US you can get early release from prison for 'good behavior', which is calculated as 54 days off the sentence accrued ever 12 months.but they can forfeit the right to the days off the sentence for breaking the prison rules or committing crimes while locked up. Where in the UK you can be an absolute shit while locked up and still get released at the half way point if you are not considered dangerous by the courts.

      I guess though that means some people who were dangerous and committed horrible crimes in the states might get let out early just because they managed to keep their nose clean while in prison?

      1. david 12 Silver badge

        Re: For UK residents

        some people who were dangerous and committed horrible crimes in the states might get let out early

        Generally, "Early Release" is subject to the random decisions of random prison guards and management. You can be bad, but prisoners have very little control of what happens to them and how 'clean' they can be.

        And prisons are privately operated, and the operator has no interest in early release.

        Historically, it was used in the opposite way: people who were dangerous and committed horrible crimes were kept in for maximum, regardless of court minimum. So, a person who had pled guilty to a string of 'simple burglaries' -- on a string of young women, living alone -- might serve 15 years of a 3-15 year sentence. Prison authorities were, and are, a law unto themselves.

    4. IGotOut Silver badge

      Re: For UK residents

      The difference between the UK and the USA is in the US l, the more people in jail, and for longer, the more money Prison Inc. make

      1. Nick Ryan Silver badge

        Re: For UK residents

        Which is rather reflected in the percentage of the US population that live in prisons

      2. aerogems Silver badge
        Holmes

        Re: For UK residents

        Land of the free!*

        * Unless you're poor, a minority, or have a shitty lawyer

    5. Graham 25

      Re: For UK residents

      Federal Charges - no early release allowed.

  5. Pascal Monett Silver badge

    "His sentencing is scheduled for December 7, 2022"

    So, they'll both be behind bars for XMas.

    Boo hoo.

    1. Tony Gathercole ...
      Headmaster

      Re: "His sentencing is scheduled for December 7, 2022"

      or perhaps not ...

      "Holmes will begin serving her sentence on April 27, 2023, after appeals."

      1. Peter D

        Re: "His sentencing is scheduled for December 7, 2022"

        Good god, how can it take so long to lock someone up in America? In the UK you go to prison straight after sentencing.

        1. heyrick Silver badge

          Re: "His sentencing is scheduled for December 7, 2022"

          Not been following the random spats between tech companies? A verdict is made. Then it's appealed. Then that is appealed. Then that might be appealed. Generally it stops when: the Supremes make a ruling, the weaker party can't afford lawyers any more, or the more powerful party gets the result they want and make it clear that they'll appeal any appeal thus dissuading continuing. It's a circus designed to employ lawyers more than serve justice.

          1. Graham 25

            Re: "His sentencing is scheduled for December 7, 2022"

            Sure but the point is that here today now, she is guilty.

            She should be in jail pending her appeal just like every other non-rich criminal.

        2. Anonymous Coward
          Anonymous Coward

          Re: "His sentencing is scheduled for December 7, 2022"

          >"Your Honour, I would like an extra 4 months before I have to go to prison"

          >"...Granted?"

          Who bets that she tries to skip the country or goes missing when her inevitable appeal inevitably fails?

          Calling it now.

  6. Ashto5

    She got off lightly

    I have to say I believe that she got off lightly.

    These massive frauds have massive consequences for smaller people.

    Why does the tech sector still think a dropout from a massively successful institution, is some sort of success story?

    There are a lot more CEO’s that need to be sent to jail.

    This sort of sentence just sends the signal

    Go for it, even if caught you will still be stinking rich when you get out.

    1. Anonymous Coward
      Anonymous Coward

      Re: She got off lightly

      Yes! But - Wells Fargo, 1.5 million customers defrauded. Zero criminal charges. CEO resigned, $200 million parachute reduced by 40 percent.

      So, she got got off lightly in absolute terms, maybe not in relative terms.

      1. Yet Another Anonymous coward Silver badge

        Re: She got off lightly

        He only stole from customers, not investors.

    2. MachDiamond Silver badge

      Re: She got off lightly

      "There are a lot more CEO’s that need to be sent to jail."

      I'm a big advocate of C-level execs having much more liability for actions of the company since they can be extremely well compensated. It would likely cut down on them cutting corners when it comes to product liability and warehousing PII.

  7. Doogie Howser MD

    Regrets

    Like most con artists, I suspect her real regret is getting caught, not having done it in the first place.

    1. chivo243 Silver badge
      Angel

      Re: Regrets

      ...regret is getting caught.

      Ah, the Richard Nixon paradox...

    2. Kevin McMurtrie Silver badge

      Re: Regrets

      She might be the classic psycho CEO stereotype and not understand any of this. It's a mental defect that some people interpret as genius leadership.

      Theranos overlapped with Magic Leap and all the companies claiming to almost have fully self-driving cars. Lots of hype with no verification and no analytical thinking of what's possible. Investors should have seen a bad pattern coming but, instead, reached out with fists of money. Now we're in another dot-com bubble.

    3. Ian Johnston Silver badge

      Re: Regrets

      I suspect that it's more outrage that she wasn't allowed to get away with it. Laws are for the little people.

  8. DrXym

    Pro tip

    If you're going to rip people off with a scam invention, it's probably best to run a kickstarter campaign. Ripping off rich people and hawking a bogus medical device attracts far too much attention.

    1. Nick Ryan Silver badge

      Re: Pro tip

      Also a really good idea to cosy up with the usual politicians when doing so. These politicians really hate it when independents try it on in their traditional territory.

  9. Peter D

    Those eyes

    It's so strange to see her being sentenced to that amount of time. With her tender lilting voice and kind eyes she exuded such warmth, compassion and love. Witnessing the downfall of such a beautiful soul who only ever wanted to give succour to the sick is a bitter pill to swallow.

    1. heyrick Silver badge
      Unhappy

      Re: Those eyes

      Don't want to come across as (too much of) a cynical bastard, but having worked as a Care Assistant in nursing homes, you'd be horrified at how many "really lovely nurses" get off on abusing people too gaga to fight back or even complain. That's not to say there aren't lovely nurses around, there are (and most of them I've come across were Irish), but some people who seemed excellent had real darkness inside them.

      1. werdsmith Silver badge

        Re: Those eyes

        This trait is not confined to nurses.

      2. Peter D

        Re: Those eyes

        I was in not any small measure not taking the piss. Not any shark I might encounter taking a swim would have deader eyes than this woman and that drone of a voice would lead anyone to despair.

        1. heyrick Silver badge

          Re: Those eyes

          Just watched some videos on YouTube.

          Wow. What the actual......? That's a real person? Not just an AI's idea of what a person would be like?

          1. Trigun

            Re: Those eyes

            That was my reaction when I watched the Cold Fusion video on this quite some time back. She looked fake and sounded fake. A guess what? Her product was fake in the end.

      3. Sceptic Tank Silver badge

        Re: Those eyes

        You cannot infer personality from the way someone looks. Some of the most beautiful women I've met were also the ones who had the most awesome personalities: kind, friendly, respectful. But then, because of assumptions like the one above, people would behave most miserably towards them without even bothering to get to know them. I always kind-of assumed this was why they developed such nice personalities: you observe how other people treat you and you don't want to portray that same kind of awful personality towards other people because of how bad it looks. But with that said, I wouldn't want to get to know EH; she's demonstrated herself as being a self centered and self serving person. You really cannot tell from just looking at someone what their personality is like.

    2. TimMaher Silver badge
      Coat

      Re: Those eyes

      @peter. You forgot the <sarcasm=100%> tag.

  10. MOV r0,r0

    Prosecutors: Elizabeth Holmes' crimes "among the most substantial white collar offences Silicon Valley or any other district has seen"

    SBF: Hold my vegan latte

    1. Anonymous Coward
      Anonymous Coward

      Yeah, she's battling with Titans for that award

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