[HN Gopher] Elizabeth Holmes urged employees to hide Theranos' l...
       ___________________________________________________________________
        
       Elizabeth Holmes urged employees to hide Theranos' lab equipment
       from inspectors
        
       Author : samizdis
       Score  : 251 points
       Date   : 2021-09-29 14:08 UTC (8 hours ago)
        
 (HTM) web link (arstechnica.com)
 (TXT) w3m dump (arstechnica.com)
        
       | gumby wrote:
       | This one point is misleading:
       | 
       | > while it doesn't appear that [they] barred inspectors from
       | those rooms, keeping the doors shut certainly made it less likely
       | that they would ask to see what's inside. Typically during
       | inspections, company employees are supposed to "show inspectors
       | what they asked for," Rosendorff said.
       | 
       | This one point is unremarkable (at least as stated). When I was
       | in the pharma business I was advised to have a conference room
       | for visitors that was right off the waiting room, so we could
       | have meetings with outsiders (i.e. inspectors) without them
       | having to enter the facility in general. The point wasn't to
       | cover anything up but just avoid questions.
       | 
       | FWIW we didn't bother with this --- we didn't have an "outside"
       | conference room. But that is apparently not that unusual.
       | 
       | State and federal inspectors get to look at anything part of the
       | business. The federal ones can arrive armed! (Though I never saw
       | this, only heard about it)
       | 
       | Everything else I've read coming from the trial has been
       | alarming, though I'm not following closely.
        
       | photochemsyn wrote:
       | The crazy thing about Theranos is that so many people with
       | experience in microfluidics (developed mainly for DNA sequencing
       | although there are other uses) knew that their claims were
       | impossible, technologically speaking.
       | 
       | Working with such small volumes to obtain quantitive estimates of
       | blood chemistry is so implausible, as you are introducing
       | uncontrollable variability - micro-evaporation, even tissue
       | localization issues, I mean all the trained blood chemistry
       | specialists knew this. I worked a little with DNA microfluidics,
       | and it works because it's not quantitative.
       | 
       | Now, what they could have done is just stuck to pos/neg tests,
       | i.e. 'are you infected with this virus or not' which is a lot
       | more plausible as you don't have to meet a quantitative goal,
       | just a detection goal. Also, one-stop STD screening for HIV /
       | herpes / etc. is possible too (I suggested this and someone
       | responded, 'new company name: ClapTrap").
       | 
       | It's really kind of sad, as Theranos might have been able to pull
       | that off (although new management would probably be required),
       | and then they'd have been positioned to do all the COVID testing
       | (which was a major problem in the initial US response).
       | 
       | What just amazed me is how gullible all the investors were, and
       | how they didn't do due diligence, hire outside experts, or
       | anything. Weird.
        
         | 908B64B197 wrote:
         | > What just amazed me is how gullible all the investors were,
         | and how they didn't do due diligence, hire outside experts, or
         | anything. Weird.
         | 
         | What's interesting with Theranos is the composition of it's
         | board... It's exclusively older men with little to no expertise
         | on the subject matter (Channing Robertson might be an exception
         | to the latter rule). Not a single rising female Silicon Valley
         | executive or professor was invited to join, which is surprising
         | considering how much she was advocating for more women in SV.
         | 
         | Maybe she knew that female executives and founders wouldn't
         | have the same reaction to a wide eyed conventionally attractive
         | 19 years old blonde as the 40+ years old men she was used to
         | "deal" with...
         | 
         | I mean, we all know how Marissa Mayer got the job...
        
         | [deleted]
        
         | krageon wrote:
         | > how they didn't do due diligence
         | 
         | "due diligence" processes are in practice a lot less stringent
         | or rigorous than an outsider would expect them to be given the
         | amount of money involved. Companies get bought based on
         | glorified sales pitches and nobody looks too hard at what
         | they're buying is the unfortunate truth of the matter.
         | Investors are no better.
        
           | bcrosby95 wrote:
           | I think it probably depends. When we sold our company they
           | spent months digging into numbers. And they kept asking for
           | new types of metrics that we had to figure out ways to derive
           | from data that wasn't necessarily designed to measure those
           | metrics.
        
             | foobarian wrote:
             | If you had sat next to Bill Clinton on a TED talk stage and
             | had a former Secretary of State and his friends on your
             | board I bet things would have gone more smoothly for you.
        
             | akiselev wrote:
             | I went through a similar experience. Turns out the
             | acquiring company knew it's audience well - all of the
             | metrics were for sales pitches tailored to specific
             | investors that they were raising money from, which they got
             | shortly before finally closing our deal.
             | 
             | Turtles all the way down.
        
             | SkyMarshal wrote:
             | You're talking about selling your company, rather than
             | raising money for a startup.
             | 
             | At the stage where you're selling a company, you're
             | expected to have sales, metrics, and various track records
             | that can be verified, hence the intensive due diligence.
             | And usually the acquiring company has in-house expertise on
             | the domain, and is capable of doing the due diligence.
             | 
             | Early stage startups have none of that, just an idea,
             | things the team have done before as proof they can execute,
             | and sometimes some social proof like TED talks or high-
             | profile board members.
             | 
             | The challenge of doing due diligence then is that most
             | general VCs that invest across a broad range of domains
             | lack the in-house expertise to fully vet all of them. They
             | can hire SME advisors, or ask around in their network, and
             | should. But it's possible for things to slip through the
             | cracks sometimes.
        
           | mrweasel wrote:
           | We worked with a med-tech company, as a subcontract. That
           | company kept getting funding, investors kept pumping money
           | in. Despite the company now being to old the justify being a
           | startup, they had never been profitable.
           | 
           | We happend to know one of the newer investors and asked who
           | did technical due dilligence, because from what we could tell
           | the primary product was just a bunch of outdated open source
           | software glued together and general build on 15 year old
           | tech. We got a very angry call from the CEO telling us "to
           | mind our own fucking business". We don't work for them
           | anymore.
        
         | josefresco wrote:
         | > What just amazed me is how gullible all the investors were
         | 
         | You have confused gullibility with willful ignorance.
        
         | comeonseriously wrote:
         | > What just amazed me is how gullible all the investors were,
         | and how they didn't do due diligence, hire outside experts, or
         | anything. Weird.
         | 
         | Gullible or just willing to take a risk on something that may
         | get them a return on their investment before it all collapsed?
        
         | makotech222 wrote:
         | > What just amazed me is how gullible all the investors were,
         | and how they didn't do due diligence, hire outside experts, or
         | anything. Weird.
         | 
         | weird, maybe we shouldn't have our economy be decided by the
         | whims of private investors.
        
         | MattGaiser wrote:
         | The problem is that successful startups often start out
         | claiming that which is impossible.
         | 
         | Uber was impossible, because it was illegal.
         | 
         | Amazon was impossible, as you couldn't pack and ship stuff that
         | cheaply.
         | 
         | Personal computers were at one point considered ludicrous.
        
           | 908B64B197 wrote:
           | > Uber was impossible, because it was illegal.
           | 
           | Radio/Computer dispatch predates Uber. Where Uber got
           | innovative, legally speaking, was making a Black Car service
           | (can't be hailed from the street) just work with scheduling
           | in minutes instead of calling ahead a few hours beforehand.
           | 
           | > Amazon was impossible, as you couldn't pack and ship stuff
           | that cheaply.
           | 
           | Sears did it a hundred year prior here in America.
        
           | pron wrote:
           | AFAIK, the most likely projection at this point is that Uber
           | will not have made a single dollar from the day it was
           | created until the day it shuts down, and might well face
           | similar scrutiny as Theranos someday (although, not being
           | health related, consequences might not be as severe).
        
           | lesuorac wrote:
           | Who is claiming its impossible is what matters as well as
           | when. If somebody has given something serious thought then
           | their claim could be valid but unless they're providing any
           | evidence it's probably a worthless claim. The evidence is
           | also time constrained as the US going to the moon right now
           | is pretty ludicrous but in a few years maybe somebody will
           | have made a new lander.
           | 
           | Also I don't think you picked good examples.
           | 
           | Uber wasn't the first taxi app so it was definitely possible
           | (IIRC both mapquest & google maps had a taxi tie-in at one
           | point). Amazon used to charge for shipping so the cost of
           | pack & ship is irrelevant (they weren't doing the current VC
           | model of giving out dollars for 50 cents). See
           | https://press.aboutamazon.com/news-releases/news-release-
           | det... .
           | 
           | Personal computers were ludicrous at a time when a computer
           | took up more than a whole room. Just like flying cars are
           | ludicrous but technology changes and thats why due diligence
           | matters, is this company developing any technology or are
           | they lieing.
        
           | kube-system wrote:
           | This is the SV "fake it 'till you make it" culture. Right now
           | Tesla is delivering "full self driving" cars that require a
           | human driver at all times. Experts have said that it's not
           | possible using cameras alone, without LiDAR.
           | 
           | Oversell and underdeliver. Fraud works great until it
           | doesn't.
        
             | Hermitian909 wrote:
             | I mean, we can go the other way by looking at SpaceX. I
             | spent years reading detailed reports from experts that
             | everything SpaceX was doing was impossible.
             | 
             | -A rocket made of steel
             | 
             | -Landing a rocket _anywhere_
             | 
             | -Landing a _bigger_ rocket anywhere
             | 
             | -Landing a rocket on solid ground
             | 
             | -Landing a big rocket on the ground
             | 
             | and a lot of smaller things in between.
             | 
             | I read many plausible looking reports on the non-
             | feasability of these things often came with the backing of
             | professors at respected universities and they were all
             | wrong.
             | 
             | Sometimes it goes the other way.
        
               | shadilay wrote:
               | It should be noted that the DC-X rocket also landed
               | propulsively in the 90's.
               | https://en.wikipedia.org/wiki/McDonnell_Douglas_DC-X
        
               | kube-system wrote:
               | I don't disagree. It's a good thing that people are
               | confident that they can achieve things that others deem
               | impossible, especially experts. That's real progress. The
               | part that starts to cross the line is when someone starts
               | making legally significant promises ahead of schedule.
               | 
               | Tell stakeholders you're working on it. Tell them you're
               | ahead of everyone else. Tell them that the experts are
               | wrong. Tell them it's coming very soon. Update them on
               | the details of your progress. Don't tell them it's done
               | when it's not.
        
               | zardo wrote:
               | There were definitely no rocket experts claiming rockets
               | can't be made out of steel. That's not a new thing.
        
               | hef19898 wrote:
               | For the risk of being a broken record, nobody claimed
               | that reusable rockets were technically impossible. The
               | argument was that they were rather financially unfeasible
               | due to a limited number of LEO launches, so nobody tried
               | (I lost the ESA study on this from the early 2000s
               | unfortunately...).
               | 
               | I'd really love that myth of SpaceX doing the impossible
               | with landing rockets to die. Also because they don't have
               | to, they were the first to do so. That alone is really
               | impressive. Whether or not it is profitable is impossible
               | to tell until SpaceX is publishing audited financials.
        
             | LanceH wrote:
             | Isn't the self-driving just a feature on top of the car?
             | They're faking one feature that a customer _might_ opt into
             | -- and none that I know have.
             | 
             | Tesla has delivered a performant EV that is nice to drive
             | in and is comparable to other luxury vehicles. It's not
             | exactly faking for quite some time.
        
               | malcolmgreaves wrote:
               | The fake it part is calling something full self driving
               | when it does anything but that.
        
               | MrGando wrote:
               | They stopped calling it fully self driving a little while
               | ago in part due to a lot of pretty bad press and some
               | good journalistic research.
        
               | kube-system wrote:
               | > "Full Self-Driving Capability $10,000"
               | 
               | ... is listed today as an option when configuring any
               | vehicle on tesla.com
        
               | MrGando wrote:
               | You're right. I think there's several regulators on it,
               | but no one has forced them to rephrase the statement.
        
               | tsimionescu wrote:
               | They're charging for "full self-driving" separately from
               | the car, so I think it's fair to put it in the same
               | bucket.
        
           | kiba wrote:
           | It's not really impossible if you operate on first principle.
           | 
           | Now, it might be harder to distinguish someone who can do it
           | well and who'll do it poorly, but that's another issue.
        
           | AlbertCory wrote:
           | This is the sort of pseudo-tech BS that she fed everyone. She
           | had Jobs envy and thought his approach would work everywhere.
           | 
           | All those examples (and all of yours) are from computers.
           | _Blood tests are different from computers._ You cannot assume
           | that, just because great things happened with computers, the
           | same things can happen in all walks of life.
        
             | adventured wrote:
             | The Jobs presentation thing did work - much of the audience
             | bought into it early on - combined with the hefty bonus
             | points of her being a woman in Silicon Valley that the
             | media was desperate to elevate as a path blazing icon (so
             | desperate they entirely drank the kool-aid and acted as a
             | valuable reinforcement pillar for the fraud, and largely
             | failed to investigate if Theranos was legitimate).
             | 
             | Jobs had follow-through, he had real products that often
             | lived up to his pitching. His salesmanship was merely half
             | the equation. Holmes only had a poor clone of that
             | salesmanship, with none of the product. Had Theranos had
             | real products, the approach she used in trying to quasi
             | copy the Jobs image/presentation, would have served the
             | promotional purpose effectively, as the media loved it.
        
               | sumtechguy wrote:
               | The voice pitch thing she was doing was a nice touch too.
        
               | AlbertCory wrote:
               | They say she might testify in her own defense. Of course,
               | the attorneys will always say that, to keep the
               | prosecution guessing. "Hide the ball" is the term the
               | lawyers use.
               | 
               | If she does, whether she'll use the deep voice is a big
               | question.
        
           | overkalix wrote:
           | I think there's a substantial difference between impossible
           | and illegal. Uber was mostly possible (don't want to minimize
           | their efforts in operation optimization) but also
           | illegal/unregulated. Same for AirBnB.
           | 
           | Personal Computers on the other hand... that's almost all
           | innovation with a dash of unregulated (garage companies,
           | surreptitious deals, etc).
        
           | darkr wrote:
           | These examples are all "impossible" due to regulatory or
           | commercial constraints, rather than scientific - which is a
           | category of obstacle somewhat more difficult to overcome.
        
             | yawaworht1978 wrote:
             | Tesla anticipated this, though, such laws don't get passed
             | fast.
             | 
             | They don't have the software, the core of the product.
             | 
             | And the fsd beta testers had to sign NDAs.
        
             | sam_lowry_ wrote:
             | Not scientific, physical.
        
           | jcrites wrote:
           | Uber was not generally illegal [0]. So called "Black car" (or
           | private car for hire) services (so called because these cars
           | used to be limousine like vehicles but now can be anything,
           | e.g. UberX) where a driver arranges pickup with a passenger
           | in advance -- which is how Uber started - is not regulated in
           | most cities at all, or is regulated very differently than
           | taxis.
           | 
           | What legally distinguishes taxis and requires medallions in
           | many cities is the ability for passengers to "hail" an
           | unknown taxi from the sidewalk and get a ride. (Uber didn't
           | start out offering taxis, but now some of the vehicles that
           | they make available are also taxis.)
           | 
           | You cannot "hail" an Uber on the street and get a ride in it
           | (unless that Uber, now, happens to also be a taxi). You had
           | to book trips in advance. The trips might have been booked
           | only a few minutes in advance, but that was the legal
           | distinction between these two classes of transportation.
           | 
           | I am not aware of there being any regulation involved if you
           | wanted to arrange a ride from the Seattle airport to the
           | Space Needle with me as your driver on a certain date for a
           | certain price, for example. Or 10 minutes from now. (Actually
           | that's a bad example. I believe there are certain areas of
           | the city where drivers have to offer city-regulated fixed
           | price fares either to the airport or from the airport or
           | both, to certain sections of downtown. It's a relatively
           | small area though; I don't know if it includes the Space
           | Needle or not.)
           | 
           | In fact, Uber was able to grow so quickly because so many of
           | these "private car for hire" services already existed in
           | major cities. The cars were often owner-operated small
           | businesses, with one car or a small fleet of vehicles and
           | employees (with the owner typically being one of the
           | drivers). They were able to tap into this excess supply and
           | put it to use. At least that was the case in Seattle where I
           | spoke to many Uber drivers during its early years, all of
           | whom had existing businesses and wanted to give me their
           | business card to cut out the middleman (Uber). They used Uber
           | to gain additional business during downtime from their other
           | clients, and often offered their business cards to riders
           | before Uber started cracking down on that [1].
           | 
           | Originally if you had a relationship with a private car
           | service and you were planning trips days ahead, then you
           | could typically get a better price than Uber would offer for
           | market rate pricing (once its low promotional discount
           | pricing eased up) with no advanced planning. (However Uber
           | now appears to offer the ability to schedule rides up to 30
           | days in advance; I don't know if this change is the fare or
           | not). Since Uber takes a cut of the transaction you can
           | probably still get better pricing from individual private
           | services. The value that Uber offers for most passengers in
           | the ability to get reliable high quality transportation on
           | demand. (High quality in the sense that poor quality drivers
           | are removed from the platform)
           | 
           | Uber provided legitimate value by connecting the supply of
           | private-cars-for-hire with the passengers who wanted to hire
           | them, creating a sort of marketplace. (Not a true marketplace
           | because Ubers set the price of fares; but I'm marketplace in
           | the sense that drivers and passengers can choose to use the
           | platform to connect and conduct a transaction of driving for
           | hire.) Uber won by providing a superior experience for both
           | parties having a reputation system for both sides with a
           | 5-star score.
           | 
           | How many people reading this have had the experience of
           | ordering a taxi and having it arrive late or not at all? Or
           | have simply been frustrated by the lack of visibility into
           | when it will arrive, or whether it's even coming, when you
           | need to get to the airport? Or when you get to your
           | destination you learn that "the credit card reader is not
           | working"? (which is illegal in many/most cities). I've
           | certainly had all of these experiences in many cities with
           | taxis.
           | 
           | Taxi drivers experienced no real penalties for misbehavior
           | like falsely claiming their credit card reader is not
           | working, or for not maintaining it in working order, or for
           | taking tourists on a "scenic route" to their destination"
           | (unless a passenger called the taxi company and report them -
           | and who would bother? Plus I don't necessarily know the local
           | law in the area, like whether the taxi is required to have a
           | working credit card reader; and in the days when Uber was
           | building traction, I might not have had mapping software on
           | my phone so as to know whether the taxi was taking me on an
           | unnecessarily long route.)
           | 
           | Uber provided a legitimately better product experience by
           | solving these problems. You could see your vehicle as it
           | traveled to you, eliminating the uncertainty around whether
           | transportation was coming and an ETA for its arrival. You
           | could enter your destination and Uber would provide turn by
           | turn driving instructions that the driver was expected to
           | follow to get to the destination following a close-to-optimal
           | path. If the transportation provider was rude or provided
           | poor service, then you could give them a bad rating, and poor
           | service providers were be removed from the platform.
           | Similarly bad customers that were drunk and misbehaved and
           | did things like throw up in the vehicle would also receive a
           | poor rating and might find themselves kicked off the platform
           | after repeating that type of behavior.
           | 
           | This reputation system was completely missing from taxis and
           | is one of the reasons why they were so dysfunctional in my
           | opinion.
           | 
           | The vast majority of Uber's growth and expansion was in the
           | unregulated or lightly regulated area of arranging
           | transportation ahead of time between passenger and driver. So
           | long as the driver has a regular driver license in most
           | cities, rides-for-hire that are arranged in advance not
           | regulated, or are minimally regulated (though Uber/Lyft-
           | targeted regulation have appeared in response to their
           | presence).
           | 
           | [0] Various cities subsequently banned it or limited it after
           | the fact, partially in response to political pressure from
           | things like taxi unions, or other reasons; but the core
           | business model was not originally illegal in typical cities.
           | 
           | [1] IMO, I don't think it's necessary for Uber to prevent
           | high-end drivers from offering their professional business
           | card when the trip is complete if they do so in a
           | professional way. What Uber offers is the ability to get a
           | ride at any place at any time; I don't want to have a stack
           | of business cards from private car services in my wallet that
           | I dial one after the other to see if they are free to pick me
           | up -- with the same lack of visibility and accountability
           | that taxis used to have.
        
             | ghaff wrote:
             | Of course, in addition to being more convenient in some
             | circumstances, Uber just offered rides below cost much of
             | the time. For scheduled rides to the airport, many people
             | don't use Uber over a private car because it's better but
             | because it can be significantly cheaper.
        
             | moftz wrote:
             | In some places, Uber is just a front-end for a bunch of
             | taxi companies to let you hail them. I remember doing this
             | in Athens, the app just calls a taxi for you. Although I
             | don't remember if I paid through the app or paid the driver
             | directly.
        
             | jcrites wrote:
             | P.S. In my state in the US, and I believe this is true for
             | most of the country, "commercial drivers licenses" are
             | required for driving very large and heavy vehicles over a
             | certain weight; they are not required for driving paying
             | passengers in a regular sized vehicle - in case anyone is
             | wondering. You don't need a special license to transport
             | passengers for hire in typical sized cars, because the
             | expectation is that you already know how to drive those
             | vehicles safely.
             | 
             | A catastrophic vehicle failure at highway speeds could
             | cause death but these kinds of failures are not especially
             | likely, and drivers are expected to be able to reasonably
             | handle circumstances they may encounter. The most dangerous
             | circumstance I can think of off the top of my head that is
             | not whether related would be the explosive decompression of
             | a tire at highway speed, leading to loss of control of the
             | vehicle. While the car might begin to swerve, a driver
             | should react to this and keep the vehicle under control
             | while they navigate to the shoulder. Catastrophic failure
             | of brakes isn't a common occurrence, and brakes begin to
             | squeak when they are wearing down; the entire brake system
             | would have to fail.
             | 
             | Interestingly, the FAA _does_ make this distinction for
             | pilots licenses: if you are going to fly someone in an
             | aircraft for hire, then a private pilots license (PPL) is
             | not sufficient, and you need a commercial license - even if
             | you're operating the same aircraft. You can split the costs
             | of travel with someone if you're both flying to the same
             | destination, but you cannot fly someone else for hire and
             | charge them for everything (in other words, operate a small
             | airline or a charter service).
             | 
             | I can think of a number of good reasons for this: among
             | other things, most adults with driver licenses quickly
             | develop hundreds or thousands of hours behind the wheel of
             | a car, and if the car malfunctions you can simply stop
             | (most of the time -- driving in extreme weather conditions
             | being an exception to this). Private pilots engaged in
             | general aviation may take years to reach 1000 hours flying
             | an aircraft, whereas a professional pilot probably flies
             | 1000 hours each year; and has a rigorously routine re-
             | training and certification schedule (from what I
             | understand) because an aircraft malfunction in the air is a
             | very serious situation. Plus the amount of information that
             | pilots need to know in order to fly safely is substantially
             | greater than what drivers need to know; the maneuvers that
             | pilots need to execute are much more cognitively and
             | mechanically intensive, and the concurrent task workload is
             | much higher.
             | 
             | A private pilot engaged in general aviation is the one
             | taking on the risk of an accident, along with anyone they
             | bring along (e.g. friends/family). When a (non-pilot)
             | passenger pays someone else to fly them, they have little
             | understanding of the risks involved in the activity -
             | whereas most adults know how to drive or could easily get a
             | license; and even if they don't, they understand the risks
             | of road travel - whereas non-pilots have few understanding
             | of the risks of air travel.
        
           | bdcravens wrote:
           | This illuminates the problem: thinking that the startup model
           | can be applied to everything. This leads to people either
           | naively tackling problems (you listed successes, but for
           | every success there's many, many, failures). At worst, you
           | find have someone who can use the startup model to hide fraud
           | and grifting.
        
         | ClumsyPilot wrote:
         | Why using small amounts of blood important?
         | 
         | Are there some tests that need extremely large amounts of blood
         | that the patient cannot provide? Or is the point to improve the
         | patient's experience?
         | 
         | When I give blood for testing, there is no difference in my
         | experience as a patient, however many vials are taken, it just
         | takes a bit longer. What am I missing?
        
           | ufo wrote:
           | The argument Theranos gave is that it would allow collecting
           | blood from a fingerprick (which would not require a trained
           | professional, and because people are afraid of needles).
        
         | rsynnott wrote:
         | > What just amazed me is how gullible all the investors were,
         | and how they didn't do due diligence, hire outside experts, or
         | anything. Weird.
         | 
         | If you look at the investors, with few exceptions, they were
         | _not_ sophisticated VC firms with experience in the area. Most
         | of them were, for want of a better classification, elderly rich
         | people. This should probably, in retrospect, have been a huge
         | red flag.
        
         | fossuser wrote:
         | > The crazy thing about Theranos is that so many people with
         | experience in microfluidics (developed mainly for DNA
         | sequencing although there are other uses) knew that their
         | claims were impossible, technologically speaking.
         | 
         | I'd push back on this a bit - not because it's wrong in the
         | case of Theranos, but because it's often wrong in the general
         | case. A lot of the time 'industry experts' go on about how some
         | new approach is impossible for X reason and they're often
         | wrong.
         | 
         | Tesla is a good example of this (some people are still saying
         | EVs can't work even today).
         | 
         | You really have to get in the weeds yourself to understand
         | whether something is possible or not rather than deferring to
         | others most of the time. I do agree though that her investors
         | didn't do that.
         | 
         | She was also able to get famous people invested and on her
         | board which I think compounded things.
        
         | boatsie wrote:
         | I think a similar situation happened with UBeam. Electrical
         | engineers insisted it would be impossible to charge a phone the
         | way they were claiming. But the "what if" dream made it so
         | nobody wanted to listen to them.
        
         | malthaus wrote:
         | You mean like most people currently know that most of the
         | crypto-claims are bs but hype it up anyway?
         | 
         | You don't invest in something that's changing the world, you're
         | investing in something that gains value, changing the world is
         | just the narrative to get the sucker downstream to jump on
         | board
         | 
         | EDIT: to add something less controversial, i can recommend the
         | book "the key man" of a similar bluff in the impact investing
         | space
        
         | ryandrake wrote:
         | A little history helps [EDIT: Maybe not!] explain it a bit.
         | Back when Holmes was a rising star, we were in the middle of
         | #MeToo, Tech Bro companies were getting increasing scrutiny
         | about their treatment of women, and in general how tech
         | companies were struggling with diversity, and then all of a
         | sudden, we have this company founded by a seemingly smart,
         | driven, technically-savvy woman, educated at Stanford (!) and
         | who wears _turtlenecks_ like Steve Jobs (!!!). It was the
         | perfect narrative. This is the _kind of_ exec they were all
         | looking for right at this moment! People were willing to
         | suspend a lot of disbelief in order to make it real. I imagine
         | these investors had the X-Files  "I Want To Believe" poster in
         | their offices. It wasn't so much gullibility as it was a
         | perfect narrative that everyone desperately wanted to believe
         | in.
         | 
         | EDIT: Oh yes, I 100% agree [1] that her outsized personal
         | charisma was a large part of it!
         | 
         | 1: https://news.ycombinator.com/item?id=28674285
         | 
         | EDIT2: You're right, I got the MeToo timeline wrong. I seem to
         | have remembered anti-sexism momentum building up long before
         | 2017 but yea the actual hashtag and Weinstein stuff was in the
         | news long after the company rose.
        
           | dumbfoundded wrote:
           | Your timeline makes no sense. Theranos started falling apart
           | in 2016 with charges being filed against Holmes in March
           | 2018. MeToo started in October 2017 with the release of the
           | Harvey Weinstein assault stories.
           | 
           | By the time MeToo started, Theranos had been sued by
           | investors, Walgreens, and CMS. Additionally, Holmes was
           | banned from running labs and Theranos had failed many
           | inspections with severe penalties. Theranos was all but dead
           | by the time MeToo took off.
           | 
           | What really happened (according to my recollection of reading
           | Bad Blood) is that Holmes never really connected with the
           | medical community. Anyone with any domain expertise knew her
           | tech claims were impossible. She used her personal
           | connections to generals, politicians, and wealthy individuals
           | to spin this web of lies and keep raising money. Most of the
           | Silicon Valley Investor elite had nothing to do with
           | Theranos.
           | 
           | I really dislike your interpretation of events. Not only
           | because it makes no sense with the actual history but you
           | play on stereotypes & generalizations to make a point. Tech
           | certainly needs more female founders but you're not helping
           | by twisting what really happened.
           | 
           | 1) https://www.chicagotribune.com/lifestyles/ct-me-too-
           | timeline...
           | 
           | 2) https://www.cnn.com/2021/09/07/tech/elizabeth-holmes-
           | therano...
        
           | NationalPark wrote:
           | That doesn't really square with her board, who were notably
           | from the military and older, conservative leaning men like
           | Kissinger or Shultz. I think they were more taken in by her
           | charisma than they were motivated by feminist activists.
        
         | supperburg wrote:
         | Never ever forget that anyone who said Holmes was a fraud was
         | screamed down by accusations of sexism and toxic masculinity.
        
           | JohnWhigham wrote:
           | _Even now_ , people are still doing it! NYT ran an op-ed
           | piece from a woman VC partner (who had a BS sexual harassment
           | case got shot down in court) basically saying "yeah but what
           | about all the male CEOs that don't get punished? You're
           | sexist if you don't punish them!" as if Holmes is receiving
           | any punishment herself. The delusional headcanons that some
           | people view the world through...
           | 
           | https://www.nytimes.com/2021/09/15/opinion/elizabeth-
           | holmes-...
        
         | dontblink wrote:
         | I wouldn't say all train professionals knew this. I talked to
         | doctors about Theranos and they were impressed by them and were
         | bullish. It may be they didn't look too much into it.
         | 
         | Context: I was approached by a recruiter and I couldn't
         | understand how Theranos distinguished itself from other labs or
         | get any data when I tried to do diligence on their claims.
        
         | munificent wrote:
         | _> What just amazed me is how gullible all the investors were,
         | and how they didn 't do due diligence, hire outside experts, or
         | anything. Weird._
         | 
         | The thing is, the primary goal of an investor is not to invest
         | in companies that are honest and actually do what they claim.
         | The goal is to invest in a company that reaches a valuation
         | high enough to let them recoup their investment at a profit.
         | 
         | If that valuation happens through fraud, hype, destroying the
         | environment, whatever, that doesn't really factor in. It
         | probably is the case that successfully doing what the company
         | claims has a positive correlation with higher valuation, but
         | it's not strictly necessary.
         | 
         | The failure mode for the investors in Theranos is not that it
         | was fraudulent. It's that the fraud was discovered before they
         | could cash out. They didn't need to believe that Theranos was
         | honest, they just needed to believe that _other later investors
         | would believe they were honest_.
        
           | avalys wrote:
           | Can you provide any examples of a high-profile company,
           | ultimately shown to be dishonest, where the early investors
           | were able to "cash out" before this dishonesty became known?
        
             | danans wrote:
             | Still unfolding, but Lordstown Motors looks like exactly
             | that.
             | 
             | https://hindenburgresearch.com/lordstown/
        
             | jborichevskiy wrote:
             | Enron, for one
             | 
             | https://en.wikipedia.org/wiki/Enron#Peak_and_decline_of_sto
             | c...
        
             | effingwewt wrote:
             | uBeam.
        
             | stagger87 wrote:
             | MoviePass
        
               | mardifoufs wrote:
               | Movie pass was literally a loss for the vast majority of
               | its investors. If anything it was a wealth transfer from
               | the public/private market to the app users who got
               | extremely subsidized movie tickets. Moviepass was a total
               | loss for it's investors, so how does that not prove the
               | opposite of what's being argued here
        
               | [deleted]
        
               | [deleted]
        
               | stagger87 wrote:
               | I'm pretty sure early investors cashed out in 2017.
        
             | humaniania wrote:
             | Oil companies and their suppression of climate change
             | science.
        
             | hef19898 wrote:
             | Depends on what you call early. Nikola and WeWork come to
             | mind, I assume Newman wasn't the only one to cash out early
             | enough during one of the founding rounds.
        
             | rsynnott wrote:
             | Enron, to some extent.
        
             | ta1234567890 wrote:
             | Uber
             | 
             | Explanation, since this is being downvoted.
             | 
             | Uber might not have lied about their business, but it
             | surely looks like investors never cared about the
             | businesses viability and rather only cared about being able
             | to turn a profit on their investment (which was the point
             | being made by the gp).
             | 
             | To this day, it is still not clear if Uber's business model
             | is viable. Also not to mention the original CEO/founder's
             | reputation and attitude, which the investors also didn't
             | care about until it became too big of a scandal.
             | Additionally, the investors didn't even care that Uber was
             | technically illegal (same as Airbnb btw).
             | 
             | Some references:
             | 
             | https://techcrunch.com/2021/02/12/will-ride-hailing-
             | profits-...
             | 
             | https://www.marketwatch.com/story/uber-and-lyft-are-
             | staging-...
             | 
             | https://www.businessinsider.com/uber-company-scandals-and-
             | co...
        
               | codegeek wrote:
               | "Uber might not have lied about their business"
               | 
               | Yea that is what we discussing about Theranos. Theranos
               | was an outright fraud. You cannot say the same about Uber
               | whether they inflated or lied about their profits etc.
               | Uber provides a real service and honestly a good one for
               | people. Theranos on the other hand, played with people's
               | lives by lying about their entire business model and
               | product which never worked. Big difference.
        
               | MrGando wrote:
               | I think you're somewhat making an argument that the
               | "means" are justified if the end is noble. I think the
               | whole discussion revolts around the several issues with
               | that "system" or "philosophy" here in the Valley.
               | 
               | I personally don't think it's the right way to do things.
               | Big fraud, small lies (fraud), it's all pretty bad.
        
               | codegeek wrote:
               | To some extent, aren't startups supposed to be doing
               | things to challenge the status quo which sometimes can
               | mean that they are breaking rules ? Uber overall has been
               | a net positive in my humble opinion so I definitely think
               | that to an extent, the means are justified if the end is
               | noble.
        
               | MrGando wrote:
               | If we're going to restraint to personal opinions, my
               | strong personal opinion is that startups have to operate
               | in the context of truth, rule of law and business ethics.
               | That would be my hope. I think it's totally possible to
               | succeed and still work through that lens. I think
               | thinking otherwise, is actually a fallacy perpetuated by
               | certain groups here in the Valley.
               | 
               | I strongly believe that you can challenge the status quo
               | and abide by honesty and rule of law.
        
               | Alex3917 wrote:
               | > which the investors also didn't care about until it
               | became too big of a scandal
               | 
               | More like investors didn't care until they needed
               | liquidity.
        
               | edot wrote:
               | Agreed. EBITDA in general is hot garbage, but that is
               | egregious.
        
               | eli wrote:
               | A dishonest company in other ways too. They sent drivers
               | and riders misleading information about any local
               | attempts to regulate them in the slightest.
               | 
               | When they first launched UberX in DC, I called them out
               | for a price comparison of Taxi vs UberX that couldn't
               | possibly be true. They quietly changed the blog post and
               | marketing materials shortly after.
        
               | supperburg wrote:
               | The idea that Uber is not profitable is a myth isn't it?
               | I remember they posted some financial documents a while
               | back that showed them in the red. But when I looked at
               | the papers there were literal billions in advertising and
               | expansion.
               | 
               | Uber runs the app. People call an Uber and they pay
               | money. Some of that money goes to the driver and some
               | goes to Uber. You're really saying that Uber can't
               | collect enough money to run their computers and pay some
               | staff? It just doesn't make sense. Of course they can.
        
               | junon wrote:
               | > The idea that Uber is not profitable is a myth isn't
               | it?
               | 
               | I worked on the long-term forecasting team while I was
               | there. At least 5-6 years ago, Uber was very, _very_ far
               | from profitable. I can 't imagine much has changed enough
               | for it to make them profitable. Maybe with the new CEO
               | things changed but I'm doubtful. That company had a slew
               | of issues.
        
               | supperburg wrote:
               | Right, but would they be profitable if you took out the
               | advertising and expansion costs? From the document I saw,
               | yes. Can you please explain where are these enormous
               | costs that are necessary to run the business? Is it SV
               | salaries? Are their servers costing too much money? It
               | doesn't make sense. It's like saying that the concept of
               | dispatching taxis with a computer is not capable of being
               | profitable. It simply isn't true. It's like people who
               | said Amazon and Tesla were vapor ware because they were
               | unprofitable. Everyone in the media and most people on HN
               | couldn't fathom the concept of subtracting R&D.
        
               | junon wrote:
               | It's not an easy question to answer, but the majority of
               | the cost were salaries and marketing. We didn't consider
               | the one-off costs of e.g. legal, from what I remember.
               | 
               | It was in the order of thousands (I think either $2k or
               | $22k, sorry for the rounding error) per user signup that
               | Uber paid in terms of marketing and advertising - and
               | that was regardless of if they generated any money. It
               | was way more for driver signups since the driving bonuses
               | were pretty sizeable.
               | 
               | The amount of staff Uber has is way too much, in my
               | opinion. Uber's internals are the definition of "over-
               | engineered", to the point things were just too
               | complicated for any single person to really work with,
               | let alone understand to any degree. We had teams
               | internally that were making the same thing but had no
               | idea each other existed - and this happened pretty
               | frequently.
               | 
               | There was a lot of turn and restructuring in upper
               | management, not to mention pulling out of China and then
               | having months in a row with almost daily sexual
               | harassment/discrimination/bad CEO news stories breaking
               | out. So the rest of the company was just kind of left to
               | fend for itself for a long time, just burning even more
               | money despite nothing getting released.
               | 
               | I knew one other engineer that... to this day, I'm not
               | sure he even wrote a single line of code. He was always
               | hanging around other people, wanting to chat. When you'd
               | casually ask "so what are you working on these days?"
               | he'd just shrug and smile. Never got a straight answer
               | out of him. He was higher up in the ranks than I was,
               | younger, assumedly paid more. Couldn't answer basic
               | questions about writing code, but loved to brag about his
               | new designer shoes and stuff. Just an anecdote.
               | 
               | It was insanity. Everyone I personally interacted with
               | hated working there, and it was clear it was way too
               | crowded. That, along with the marketing/ad spend, made me
               | convinced Uber would never be profitable.
        
               | supperburg wrote:
               | Wow what a substantive and interesting comment. Thanks
        
               | ta1234567890 wrote:
               | > Right, but would they be profitable if you took out the
               | advertising and expansion costs?
               | 
               | An issue with this line of thought is that you think that
               | they could one day flip a switch and just like that stop
               | expanding or acquiring new customers.
               | 
               | Two problems with that are: 1) most likely if they stop
               | growing, they start shrinking - it's not like they are
               | the only ones out there doing what they do, and 2) a lot
               | of their marketing and expansion expenses (as
               | corroborated by the sibling comment) don't go towards
               | acquiring new customers, but rather new drivers, which
               | given their turn over, they can't stop putting money
               | into.
               | 
               | So basically if they stop spending money on advertising
               | and expansion, they will loose all their drivers and
               | slowly churn customers as well.
               | 
               | Hence, it doesn't matter if they could technically be
               | profitable without advertising and expansion, because
               | then their business becomes unviable.
        
               | hef19898 wrote:
               | Excluding an integral part of the costs to say they are
               | profitable is like saying you are cash flow positive,
               | after including external funding. There is a reason why
               | companies are running their books the way they are. Very
               | good and valid ones!
        
               | supperburg wrote:
               | I don't know if that's a technical accounting term but
               | "integral" is the key word there. Massive expansion is
               | not integral to the normal operations of a business. R&D
               | and literal billion dollar ad campaigns are tools to
               | expand and grow into whatever space is open from lack of
               | competition. Amazon filled their space, Tesla theirs and
               | one of the computerized taxi companies will fill that
               | space. Until they do, they will spend money on expansion.
               | So that's the key. It's a temporary state. "Integral" is
               | a completely incorrect term for the cost of that growth.
               | The viability of a business is based on how much it costs
               | them to actually carry out their core business.
               | 
               | And maybe Uber has already gotten as big as they will
               | get. It doesn't change the fact that they don't need one
               | billion dollars in advertising. And also, what you are
               | asserting is that it's impossible for a computerized taxi
               | company to exist. So do you think it would be cheaper to
               | have a human dispatcher? Obviously you can run a
               | profitable taxi company. It's been a thing for a long
               | time and the computers aren't making it any worse or more
               | expensive I can assure you.
        
               | varjag wrote:
               | There's a bunch of ways to rationally explain the losses
               | in any operation. None of them make it profitable.
        
               | ModernMech wrote:
               | > It doesn't make sense. It's like saying that the
               | concept of dispatching taxis with a computer is not
               | capable of being profitable.
               | 
               | If that's all you are doing, then yeah, that's probably
               | not profitable because competition would just eat your
               | margins. You're essentially a broker matching drivers
               | with passengers, and they can use any service they want.
               | They will choose the one with the lowest cost to use and
               | that pays the most to serve i.e. they will use the one
               | that leaves the least amount of profit for the broker.
               | 
               | Therefore Uber has to have some other value add, which
               | will eat into profits (unclear what that could be, I
               | think they were hoping it could be robotaxis); or, they
               | have to spend massively in advertising to maintain
               | mindshare, which will also eat into profits.
               | 
               | This is why they spend so much on advertising and
               | expansion. They want to be the first player in town
               | because when there are more players, it's a race to the
               | bottom. You can't take out the advertising and expansion
               | dollars and say they would be profitable without them,
               | because those dollars are staving off competitors for as
               | long as Uber can. Imagine a future where you have an
               | "Expedia" of taxi services, that search dozens of
               | providers and gives you the lowest one. That's Uber's
               | future if they stop their spending.
               | 
               | The question of profitability then becomes: how can Uber
               | justify its existence while staving off competitors, and
               | can they manage this before going under? Maybe given an
               | infinite time horizon and infinite VC cash, Uber could be
               | profitable one day, but for now I don't think it's clear
               | they are or will be soon.
        
               | supperburg wrote:
               | > If that's all you are doing, then yeah, that's probably
               | not profitable because competition would just eat your
               | margins.
               | 
               | So markets don't exist? Businesses can't exist in a
               | market? This is economics 101. No wonder everyone is so
               | off
        
               | ModernMech wrote:
               | No, that's not what I said. My point is explicitly that
               | markets _do_ exist, and that markets are the mechanism by
               | which Uber will find itself unprofitable, because they
               | aren 't adding enough value to the equation. Having the
               | app and the scheduling algorithm was a game changer a
               | decade ago, but now that part of the business has been
               | effectively commoditized.
               | 
               | But Uber doesn't want to be 1 of 1000 taxi players in a
               | crowded market with no margins. They want to be taxi king
               | of the world. How do they stay on top when every local
               | municipality can hire some college kids to make a close
               | facsimile to what Uber does? Sure maybe it's not as good
               | as the Uber offering, but they don't have to support a
               | global taxi empire, so they can offer their service for a
               | lot less than Uber can. If that app takes hold in city X,
               | why are people going to use Uber when they come to town
               | 30% more expensive than your small town provider?
        
               | dogman144 wrote:
               | Collecting enough money to pay staff/run servers !=
               | profitable. You're asking a cash flow vs. a income
               | statement question. With enough cash flow, yes, can
               | achieve any sort of operational expense that you're
               | referring to.
               | 
               | Uber still hasn't turned a profit, and might be able to
               | soon via some creative accounting:
               | https://gizmodo.com/uber-says-its-on-track-to-maybe-make-
               | a-f...
        
               | ta1234567890 wrote:
               | > The idea that Uber is not profitable is a myth isn't
               | it?
               | 
               | No, it's a financial/accounting fact expressed by Uber
               | themselves in their filings as a public company.
               | 
               | Having a business model (which is what you are
               | describing), doesn't make it profitable.
               | 
               | Hertz had a business model too, they owned cars, people
               | rented cars and paid money for that. Are you saying Hertz
               | couldn't collect enough money to run their operations and
               | pay some staff? Well they couldn't, and they went
               | bankrupt. They were also in the red for several years
               | before the pandemic hit.
        
             | exogeny wrote:
             | MagicLeap, Groupon, Nikola, WeWork, Uber..
             | 
             | A company doesn't have to have an exit for early investors
             | to get out. You just need to find a sucker to buy into a
             | round later than you.
             | 
             | How to do that, in the modern context, is pretty clear.
             | Either do it through outright fraud (Theranos, Nikola,
             | MagicLeap), extreme FOMO (MagicLeap), or raising so much
             | that you crush competition despite comically bad
             | fundamentals and never get to unit-profitability (Uber,
             | others).
        
             | nosianu wrote:
             | Do cigarette companies lying about health effects of
             | smoking and Big Oil doing the same about climate change
             | count?
             | 
             | Just example links, I think I'm not making any outrageous
             | claims but that this has long been established and
             | discussed here too many times:
             | 
             | https://stopswithme.com/exposing-big-tobacco/big-tobacco-
             | fou...
             | 
             | https://www.theguardian.com/environment/2021/jun/30/climate
             | -...
             | 
             | The investors already got theirs many times over.
             | 
             | I think you could also include any company that left what
             | became a "super fund site" (US name, similar in other
             | countries). They cannot have believed creating and leaving
             | all that toxic waste in the ground would be a neutral
             | action.
        
             | stickfigure wrote:
             | The hard part here is "ultimately shown to be dishonest" -
             | who is privy to what is said in boardrooms and sale
             | negotiations? How about just examples where the investors
             | managed to get out just before the bubble popped?
             | 
             | The canonical example would be Broadcast.com, which made
             | Mark Cuban a billionaire.
             | 
             | https://en.wikipedia.org/wiki/Broadcast.com
             | 
             | 1998 IPO at $1B valuation
             | 
             | 1999 bought by Yahoo! for $5.7B
             | 
             | 2002 shut down
        
             | edot wrote:
             | WeWork and Nikola come to mind. Robinhood depending on if
             | you consider purporting yourself to be "stealing from the
             | rich, giving to the poor - Robinhood", but you actually
             | take orders from Citadel to be fraud. I think a lot of
             | recent IPOs will turn out to be fraud-lite, in which it is
             | shown over the next decade that these companies were pump
             | and dumps that never actually do anything. They look just
             | good enough to garner investment at IPO for initial
             | investors to cash out.
             | 
             | Most any company with ML or AI in their branding, running
             | stupid amounts of CNBC ads and repeating their AI name 30
             | times during the ad.
        
               | mrkramer wrote:
               | WeWork and Theranos were selling hype no real solution or
               | service. They seem like companies from dot com bubble
               | era, I thought tech investors got smarter but they are
               | still as stupid as they were 30 years ago.
        
               | jollybean wrote:
               | WeWork is different than Theroanos.
               | 
               | People actually rented WeWork properties and got a
               | valuable service.
               | 
               | The problem was more or less shenanigans on the Exec.
               | side, and unsustainable financial situation.
               | 
               | In that case, the 'consumers' actually end up ahead, with
               | a cheaper services than otherwise, then investors lost.
        
               | chmsky00 wrote:
               | Well, yeah...
               | 
               | The old political ways are not going anywhere anytime
               | soon. The useful land is politically captured.
               | 
               | Hack the planet; have money = untouchable in our society.
               | 
               | After biological well-being, there isn't much economic
               | activity needed to sustain the species.
               | 
               | This is why the market went up during the lockdown but do
               | nothing companies worth $75 a year ago are worth <$10
               | again.
               | 
               | At some point it just becomes keeping the simulation
               | alive for the sake of those that benefit most from the
               | simulation; these gods, then this god, then no god, we
               | create value...
        
               | mardifoufs wrote:
               | Which investor actually made money from WeWork? If
               | anything it's an example proving the opposite. The
               | founder may have made some money but the investors were
               | left holding the bags. The whole scandal was centered
               | around the size of the investment loss that the main
               | investor, Softbank, had to eat...
        
               | lizdax wrote:
               | Benchmark did. Invested in the early rounds (starting
               | with Series A of $15m, mentioned in "WeWork, Adam
               | Neumann, and the great Startup Delusion"), mid rounds and
               | the final stake when they were supposed to IPO was $626m
               | -- 40x their initial investment, according to FT[0].
               | 
               | 0. https://www.ft.com/content/d32c8526-f555-11e9-b018-3ef
               | 8794b1...
        
             | kingTug wrote:
             | Robinhood
        
             | michael1999 wrote:
             | Groupon.
        
             | guiriduro wrote:
             | Most, if not all SPACs.
        
           | cryptica wrote:
           | This is spot on. Investors don't give a damn about the
           | business. They just want a machine that they put money in and
           | more money comes out. I wouldn't be surprised if a lot of
           | fast growing businesses these days are frauds. In such
           | environment, the less they know, the better.
           | 
           | Only frauds can succeed in a monetary system which is itself
           | founded on fraud. So it makes no sense to do due diligence if
           | you know that the company is all hooked up to the money
           | printers because the business doesn't matter. Only the money
           | printer and the business' connection to it matters;
           | everything else is a nuisance.
           | 
           | The business of almost every company in the tech sector these
           | days is the 'capture the newly printed fiat money business.'
           | Any other narrative is fake and only used to create a facade
           | of legitimacy for the company.
           | 
           | No company will ever admit that their main line of business
           | is 'government contracts', 'government grants', 'laundered
           | credit from shell companies', 'foreign money laundering',
           | etc...
        
             | Radim wrote:
             | You're not wrong but... it's pretty disheartening. Do you
             | see a way out?
             | 
             | For businesses that want to minimize their reliance on the
             | (trickle-down scraps of) the fraud money business.
        
               | cryptica wrote:
               | I think the economy has become overly financialized - It
               | has become too difficult to earn income through value
               | creation and too easy to earn income through financial
               | schemes - People are realizing this and giving up on
               | value creation en mass. Fraud has become
               | institutionalized (and therefore legalized).
               | 
               | IMO, the financial system has already suffered
               | irreparable damage to its reputation. I think there might
               | be calls for asset seizures and redistribution soon. In
               | the US, the BLM movement has already been campaigning for
               | 'financial reparations'. South Africa just passed a law
               | to allow land to be seized by the government without
               | compensation. I think this might become more widespread -
               | Hopefully it will only be restricted to specific assets;
               | I think big corporate stocks are a likely target for
               | expropriation because they have benefited the most from
               | money printing; it will be easy for people to find
               | evidence of wrongdoing and use it as a basis to seize and
               | redistribute shares (or simply nationalize the companies
               | altogether).
               | 
               | My gut feeling is that we're headed to some kind of
               | partial-communist government - First, they will only
               | seize the assets related to big finance, big tech, big
               | pharma since this will have public support. Maybe later
               | once the public has warmed up to the new form of
               | government, the government will be able to make a move on
               | all private property.
        
           | spaceflunky wrote:
           | This sounds plausible, but as someone else said, has this
           | ever been proven to be the case? What are some good examples?
        
           | olalonde wrote:
           | But in the end, it's such a gamble that I'm skeptical any of
           | the investors knew or suspected fraud when they initially
           | invested. I've heard of exits for companies without a
           | business model or revenue, but how many companies have an
           | exit event (e.g. get acquired or IPO) with no product at all?
        
             | akiselev wrote:
             | _> I 've heard of exits for companies without a business
             | model or revenue, but how many companies have an exit event
             | (e.g. get acquired or IPO) with no product at all?_
             | 
             | Depends on your definition of "no product at all" but it
             | happens all the time in biotech.
             | 
             | Most biotech companies don't have a product until FDA
             | approval because they can't legally sell anything (unless
             | it's a product other biotech/pharma companies can use for
             | their own R&D).
        
           | gruez wrote:
           | >The goal is to invest in a company that reaches a valuation
           | high enough to let them recoup their investment at a profit.
           | 
           | Alternatviely, they want to invest in insane
           | companies/founders on the off chance that they actually make
           | it.
           | 
           | >But another theory is: No, those investors really want to be
           | lied to. Those investors are holding a competition of the
           | form "who can sound the most excited and persuasive and crazy
           | when they lie to us," and they give their money to the
           | winner. They wouldn't put it quite that way. But what the
           | investors want is a fantasist, a wild-eyed dreamer, a
           | visionary who sees the world not as it is but as it could be.
           | They want someone who looks at $1 million in revenue and sees
           | $10 million. They want someone who looks at some blueprints
           | for an electric truck and sees hundreds rolling off the
           | production line. They want someone who looks at a finger-
           | prick blood test that doesn't work and sees one that does
           | work. They want someone who believes in something that nobody
           | else believes in, an out-of-consensus visionary who wants to
           | change the world. Obviously obviously obviously they would
           | prefer it if this person's wild belief comes true, if she
           | succeeds in changing the world. But the first step is to back
           | founders with crazy ideas. And then if one of them works out,
           | that pays for 10 that are just crazy.
           | 
           | >This theory is also well supported! Lots of venture
           | capitalists will say it out loud! But also, like, man, look
           | at the entire history of SoftBank Group Corp. Look at how
           | SoftBank's Masayoshi Son met WeWork's Adam Neumann, and
           | Neumann pitched him on some vision of office-space-rental
           | changing the world, and Son gave Neumann $3.1 billion. And,
           | famously, "Mr. Neumann has told others that Mr. Son
           | appreciated how he was crazy--but thought that he needed to
           | be crazier." You don't say that and then turn around and
           | check every line of the financial projections for
           | exaggerations and unjustified assumptions. If you invest in
           | startups by (1) meeting crazy people and (2) telling them to
           | be crazier, your main investment criterion is not scrupulous
           | accuracy.
           | 
           | https://www.bloomberg.com/opinion/articles/2021-08-31/theran.
           | ..
        
         | aj7 wrote:
         | A dead giveaway for throwaway board seats: Nobel Prize winners,
         | generals, politicians. Another: "professional board members"
         | who sit on multiple boards but have never had senior executive
         | roles involving profit and loss.
         | 
         | These people may be accomplished in their own right, but they
         | know little about business. They are there for lunch, the fat
         | fee, and to pose.
         | 
         | And when a big company has a NUMBER of these types, i.e. two or
         | more, they have an authoritarian/secrecy problem.
        
         | jacinabox wrote:
         | Why did Theranos insist on using 'a single drop of blood.' Why
         | not be able to run a normal blood sample through an
         | unprecedentedly compact form factor testing unit. Wouldn't that
         | be good enough?
        
           | hef19898 wrote:
           | In industry terms? Absolutely. In terms of getting a billion
           | dollar evaluation for being a disruptive start up? Probably
           | not.
           | 
           | Also, the former seems to be a harder problem to solve than
           | the latter.
        
         | Ajay-p wrote:
         | Look at the board. Older men. They saw an attractive, young,
         | energetic technology wizard and fell for her charm. I don't
         | know if one could go as far as to say this is female privilege,
         | but I think there was definitely elements of seduction.
        
         | robertlagrant wrote:
         | > What just amazed me is how gullible all the investors were,
         | and how they didn't do due diligence, hire outside experts, or
         | anything. Weird.
         | 
         | When you're sat on stage next to Bill Clinton people assume
         | someone somewhere has done some due diligence already. Turns
         | out there are a lot more jobs out there to do with marketing,
         | hype, and event planning than there are doing fact checking.
        
           | pessimizer wrote:
           | What is Bill Clinton but a hype man, though? The board of
           | Theranos was filled with names evocative of gravitas to baby
           | boomers, but whose input on anything would be worthless.
        
             | hef19898 wrote:
             | Clinton? For all his faults, a two term president. And one
             | that left with a federal budget running in the black. That
             | requires some skills, even if I have no idea which exactly.
             | 
             | Edit: Come to think of it, Clinton was also a president
             | that didn't start or prolong a pointless war, on the scale
             | of the war on terror, Vietnam or Korea.
        
               | sjg007 wrote:
               | Clinton is probably one of the best Presidents in recent
               | history. Obama is the best currently and Biden will
               | probably be the best if he can get his legislation passed
               | and the pandemic under control. Right now blue states
               | with mask requirements and mandatory vaccinations are
               | doing very very well. The rest of us are in for a bumpy
               | ride.
        
         | random314 wrote:
         | Elizabeth Holmes went out of her way to find non expert
         | investors. Infact, I don't think any silicon valley VCs made
         | any significant investments in Theranos.
        
         | misiti3780 wrote:
         | I too thought about the counterfactual in which that if their
         | technology actually worked, COVID testing could have been have
         | been done at scale in the US.
        
           | nitrogen wrote:
           | There are companies (at least one anyway) that make rapid
           | testing panels that include COVID, plus a dozen plus other
           | respiratory diseases, in a single test that is profitable at
           | $200 and costs $20 in consumables. I heard that they disabled
           | all the other tests so they could get approved as a COVID
           | test sooner, or something like that. The problem is you can't
           | ask for such a test as a patient, hospital billing
           | departments make the news for charging insurance $$$$ for
           | each individual pathogen on the test, and doctors come out of
           | the woodwork to say how negligent and irresponsible it is to
           | test for so many things at once, as if it's literally
           | impossible to take base rates into account when you do more
           | than one test.
        
             | robertlagrant wrote:
             | If the regulators get out of the way it would be great to
             | make these available direct to consumer with an app
             | companion, and the consumer can share the results with
             | their physician.
        
               | adolph wrote:
               | _Millions and millions, millions of tests per day could
               | be available today, except that the FDA is sitting on the
               | applications, many of which I've looked at. And the
               | applications are stellar. There's absolutely no reason
               | for an inexpensive three- or four-dollar test to be being
               | outright rejected by the FDA right now or just sitting in
               | a queue for many months. It's no longer a normal time at
               | the FDA, they're being held up there for unknown
               | reasons._
               | 
               | Coronavirus (COVID-19): Press Conference with Michael
               | Mina, 02/24/21
               | 
               | https://www.hsph.harvard.edu/news/features/coronavirus-
               | covid...
        
               | nitrogen wrote:
               | If we could mail a free test and free mask to every
               | registered USPS address once a week we could end the
               | pandemic if people who are anti-vax are not anti-test.
        
               | InitialLastName wrote:
               | Something tells me that if the regulators got out of the
               | way, we would have dozens of Covid tests available, half
               | of which would work better than a coin toss.
        
           | jbay808 wrote:
           | Isn't COVID testing being done at scale in many countries
           | right now? I'm in Canada and I can go to a free drive through
           | test station without appointment and get about a 24-hour
           | turnaround on results, and that's been the case for over a
           | year.
        
             | misiti3780 wrote:
             | yes, but it was not happening in March 2020 in the US for a
             | variety of reasons.
        
         | cactus2093 wrote:
         | As someone who knows very little about biology, I watched the
         | HBO documentary about Theranos and am kind of still confused by
         | some of the conflicting claims I hear.
         | 
         | In the documentary, they focused a lot on the engineering
         | challenges of the machine they were making. The blood samples
         | would spill, which would gum up the mechanical workings of the
         | machine and make a huge mess and contaminate all the other
         | samples. The documentary claimed that Theranos started doing
         | demos where they would pretend to put the blood samples into
         | the machine, but really take it to a lab bench and run the
         | tests there, and then report the results back.
         | 
         | That implies to me that at least some of their tests were
         | actually possible to do. I left the documentary thinking
         | "someone should simply do this again, solve the
         | mechanical/robotics problem, and not lie about it and this
         | could still be a game changing technology". But then I've seen
         | other sources (like your comment here) claiming that the basic
         | science of what they were trying to do was
         | impossible/fraudulent from the beginning.
         | 
         | Which is true?
        
           | random314 wrote:
           | They failed on several fronts
           | 
           | 1. The basic equipment they built simply didn't work at all
           | 
           | 2. Their workaround trick of getting a finger prick blood
           | draw, dilute it with water and run the test on a Qwest
           | machine produced wrong results.
           | 
           | 3. The fundamental approach itself was unviable. You can't
           | get reliable results from a finger prick.
           | 
           | Theranos failed on all fronts except being able to attract
           | investments from non experts.
        
           | gitfan86 wrote:
           | There is room for improvement in testing technology and
           | processes.
           | 
           | But not to the extent of "One drop of blood from your finger
           | can provide accurate tests on 26 different types of tests"
           | Especially when some of those tests are only accurate with a
           | large sample of blood
        
             | michaelrpeskin wrote:
             | I'm always reminded of this when Theranos comes up. Years
             | ago I was in the hospital, they wouldn't let me out until a
             | blood test showed some numbers that made them feel better.
             | I asked about how the one test worked. The nurse would come
             | in and draw a tube of blood (I forget the volume, but if
             | you've had your blood drawn for a test, a typical tube
             | sized - 10's of mL). And then that'd go down to the lab and
             | be mixed with reagents and a tech would look in a
             | microscope slide and count things. Then they'd reverse the
             | math and turn the things they counted into a concentration
             | of stuff in my blood. That's the number the doctor looked
             | at. So when I worked through the process, and deduced that
             | what the lab tech counted was on average 4 particles of
             | interest. And since I was an obnoxious grad student, I
             | brought up shot noise and said that means there's a 50%
             | error in the measurement and that the doctor should
             | discharge me. Of course, he said that even with a 50%
             | buffer, the numbers were too low for him to feel
             | comfortable.
             | 
             | Long story, but they needed an entire tube of my blood to
             | count 4 particles in the microscope. A drop of blood would
             | not have enough things in it to count. Real life is
             | discrete, and often we need a big sample just to get enough
             | things to count.
             | 
             | That's why I always though Theranos was a fraud.
        
           | cblconfederate wrote:
           | Were they the first ones to do it?
        
       | mrkramer wrote:
       | She defrauded investors out of so much money, she deserves at
       | least 10 years in prison imo.
        
         | spaetzleesser wrote:
         | There is a documentary on Frontline about cannabis. A guy had a
         | medical marijuana license from one state. Cops in another state
         | find a small amount of marijuana with him. He gets 5 years. Put
         | that in proportion to a possible punishment Holmes may receive.
        
         | danjac wrote:
         | Frankly don't care about the investors, they won't go hungry
         | and they should have known better.
         | 
         | Endangering the lives of ordinary people though - 10 years
         | isn't enough.
        
           | mrkramer wrote:
           | But the money which was lost investing in Theranos could've
           | been invested in other companies that would actually save the
           | lives of ordinary people the ones that Theranos was suppose
           | to save.
        
             | rsynnott wrote:
             | I mean realistically, given the timing, it would probably
             | have been invested in Uber or that iPhone app that was just
             | a "hey" button or something.
        
       | spaetzleesser wrote:
       | I know there is "fake it till you make it" but usually these
       | companies have some idea how to get success. But as far as I
       | understand Theranos never had any technology or approach that
       | promised to lead to their goals. They just tried various stuff
       | that never worked and lied about it.
       | 
       | It was more like me starting a company that wants to create a
       | battery with ten times the capacity of current batteries but
       | having no idea how to achieve this so I take in a lot of money
       | and desperately try to figure something out while having no
       | promising insight .
        
         | rsynnott wrote:
         | It's a step worse. It's as if you then sold that battery to
         | electric plane manufacturers, really just gave them a standard
         | lithium ion battery, and planes started falling out of the sky.
         | Theranos's broken tech was used on real people and had real
         | consequences.
        
       | aj7 wrote:
       | The famous picture of her taking reporters into the machine shop
       | is one example.
       | 
       | "Touring the machine shop" is an old trick when you want to waste
       | time and not show anyone anything. Technically naive people don't
       | realize that modern machines each have a computer attached to
       | them, and there is little proprietary in most shops.
        
         | fullshark wrote:
         | I think it also makes for compelling pictures, which was her
         | primary goal at all times: marketing.
        
       | AlbertCory wrote:
       | A free way [1] to track the trial, at least some of it. I'm
       | hoping to go to at least one day of it.
       | 
       | I'm sure the actual court reporter trial transcripts will be
       | public at some point (does anyone know?), but they're not in [1].
       | 
       | If you are drawing comparisons between her and the rest of
       | Silicon Valley, you are missing one rather important fact: hard
       | sciences are hard. We have it easy in computers.
       | 
       | There are government agencies involved in testing what she did,
       | and people's health is at stake. Just imagine that some
       | bureaucrat was reading every line of code you wrote.
       | 
       | [1] https://www.courtlistener.com/docket/7185174/united-
       | states-v...
        
       | bryanrasmussen wrote:
       | I am actually very, very surprised that they had lab equipment?
        
         | throwoutway wrote:
         | There was a second room where they led the inspectors with true
         | lab eqpt while the other had the inaccurate machines (according
         | to the book)
        
           | the-dude wrote:
           | Are you sure it wasn't the other way around?
           | 
           | Weren't they pretending to operate their own equipment while
           | the real equipment was 'behind the curtain' ?
        
             | moogly wrote:
             | Yeah, that's what I remember too. They had the Siemens
             | equipment in a back room that they used to run the real
             | tests on, but pretended that they were using their own tech
             | for these tests.
        
             | throwoutway wrote:
             | Maybe I forgot, but I think they were operating both.
        
             | lmkg wrote:
             | Depends on what's being audited. For investors, you want to
             | show a room of gear that other companies don't have. For
             | certification of medical equipment, you want to demonstrate
             | that your process works.
        
         | tito wrote:
         | BioCurious received some very nice lab equipment for free when
         | Theranos shutdown: https://biocurious.org/
        
       | louwrentius wrote:
       | If you haven't read the book "Bad Blood" by John Carreyrou I
       | think you should give it a try. I think it's really worth it.
        
         | danso wrote:
         | Seconded. Besides being absolutely stock full of
         | incredible/hilarious inside details about Theranos's rise and
         | fall, it's one of the best books I've ever read about the
         | investigative journalism process. Carreyrou goes out of his way
         | to credit the obscure blog author who tipped him off to
         | Theranos.
        
           | FloayYerBoat wrote:
           | ...and he details how the Wall Street Journal was pressured
           | by very powerful people / organizations and they fully stood
           | by their journalists. Very surprising and encouraging.
        
         | philg_jr wrote:
         | And the new podcast that Carreyrou is doing for the most
         | updated info on the evidence and trial, "Bad Blood: The Final
         | Chapter".
        
           | callistus wrote:
           | Thanks for this! Just finished listening to the audiobook and
           | was itching for an update by Carreyrou. There's another
           | podcast, The Drop Out: Elizabeth Holmes on Trial that is also
           | covering the trial.
        
       | curtis3389 wrote:
       | > "Passing," Christian told him, "is not an option." In a later
       | email exchange between Christian and Elizabeth, she told her
       | brother, "You handled this excellently."
       | 
       | > In a separate reply, Balwani was dismissive of Rosendorff's
       | complaints and later emailed Holmes, urging her to fire him
       | rather than let him finish his last few days. "We need to respond
       | to him now and cut him Monday."
       | 
       | The worst management.
        
       | Animats wrote:
       | All that is in the book "Bad Blood".
        
       | dev_tty01 wrote:
       | Beyond all the fraud, lying, and deceit, the real shame is the
       | lost opportunity and the associated colossal mismanagement.
       | Theranos was able to marshal about a billion dollars with an
       | overarching goal of democratizing access to health data. They
       | basically accomplished nothing. Generating such a concentration
       | of resources for this goal was a notable accomplishment. The
       | subsequent arrogant (and stupid) inability to discern "hard" from
       | "impossible" and adjust their approach to maintain some chance of
       | success to the overarching goal was a grotesque and massive
       | failure.
        
       | tushar-r wrote:
       | I recommend the "Bad Blood: The Final Chapter" podcast by John
       | Carreyrou. He's the journalist who broke the story and the
       | podcast goes into some detail about the history and also talks
       | about what is going on now.
        
         | fullshark wrote:
         | Or read his book! It's fabulous.
        
           | paxys wrote:
           | Do both! I loved the book and am following the podcast.
           | There's a lot of new commentary about the trial and the
           | material that came out during discovery (which wasn't
           | available to the author when he wrote the book).
        
         | carabiner wrote:
         | I recommend the video of her dancing to "Can't Touch This":
         | https://www.youtube.com/watch?v=GrT0jKOhnD4
         | 
         | and the video of her using her real, non-deep, voice:
         | https://youtu.be/PjnsYz-xdOI?t=55
        
           | ipsum2 wrote:
           | I despise Holmes, but using a video of her dancing as an
           | argument against her seems like an ad homeniem.
        
       | jnewman23 wrote:
       | Wait, I thought this was a fake case stemming from structural
       | misogyny!
        
       | encryptluks2 wrote:
       | If anyone truly deserves a very long prison sentence it is
       | Elizabeth Holmes. I think we're about to confirm what we've
       | always known and that has been apparent since the start of this
       | case. That rich white people, even if they got their money by
       | taking advantage of others are pretty immune from harsh
       | punishment in the criminal justice system.
        
         | danso wrote:
         | Why do you think it's apparent that this case in particular
         | will reaffirm that rich white people "are pretty immune from
         | harsh punishment in the criminal justice system"? I mean I
         | don't argue that the wealthy _often_ escape justice, but why
         | would you think the Theranos case is evidence of that? It 's
         | literally at trial right now, which is a very, very bad
         | scenario for Holmes. The vast majority of cases (including ones
         | with a guilty plea) don't go to trial.
        
         | stickfigure wrote:
         | Hold your outrage, the show's not over yet.
        
         | thehappypm wrote:
         | I kinda disagree. Sure, she was not honest to investors. But
         | who cares? these investors are billionaires trying to make a
         | quick buck. The faulty equipment in actual pharmacies is
         | problematic, but I can actually see how prototypes out in the
         | wild is a good thing.
        
           | jjulius wrote:
           | >Sure, she was not honest to investors.
           | 
           | ... or the businesses that purchased the machines, and every
           | average person who got tested with those machines and put
           | their faith in the results, all because she was dishonest.
           | 
           | This is the healthcare industry we're speaking of - it's not
           | just investors at stake here, it's everyone's _health_ that
           | she put at stake for the sake of getting herself rich.
           | 
           | Edit: Regarding prototypes in the wild; given that this is
           | healthcare, I don't mind prototypes being used _as long as
           | the unknown accuracy of the devices is clearly communicated
           | before they are used, and everyone getting a test understands
           | that they 're part of a clinical trial_. This was absolutely
           | not the case.
        
             | thehappypm wrote:
             | I agree that the prototypes in the wild was done
             | improperly. If it's a prototype used for data gathering
             | with a big "these are prototypes!" waiver, then that's one
             | thing. I'm not sure how they were positioned in the stores
             | they were placed in, if they were marketed as a 100%
             | accuracy miracle box or an up-and-coming technology that
             | still has to have kinks worked out. In either case I'm
             | struggling that this is jail time criminal; I think at best
             | it's a civil issue.
        
               | jjulius wrote:
               | We'll have to agree to disagree here. To me, with the
               | level of fraud she engaged in in every area of her
               | company, and the fact that that fraud impacted the
               | healthcare decisions of individuals who used that test,
               | that is a criminal issue.
               | 
               | She was fucking around with the actual health of people
               | for her own financial gain.
        
           | chollida1 wrote:
           | Well there are stories of people who made actual medical
           | decisions from the faulty machines she produced.
           | 
           | I'm guessing everyone who made medical decisions based on her
           | faulty machines cares a great deal.
           | 
           | How can you have so little empathy for the everyday people
           | caught up in this
        
             | thehappypm wrote:
             | The faulty equipment in actual pharmacies is problematic,
             | but I can actually see how prototypes out in the wild is a
             | good thing.
        
           | dustintrex wrote:
           | Not being honest to investors is one thing. _Knowingly_
           | peddling faulty lab results to consumers making important
           | medical decisions based on the results _and_ unaware that
           | they were pawns in this game is quite different.
           | 
           | This is what makes the Theranos case qualitatively different
           | from (say) WeWork, and why she's facing criminal charges. You
           | buy office space from WeWork, you get exactly what you pay
           | for, even if there were insane shenanigans going on in
           | investorland. You buy a lab test from Theranos, you're
           | getting essentially fake results and risking your health on
           | it.
        
             | thehappypm wrote:
             | What I'm struggling with is how this is criminal.
             | 
             | Like, there are rapid COVID tests out there. They're
             | marketed as accurate. Yet everyone knows they're not
             | foolproof. If I got a positive rapid test, the first thing
             | I'd do is go get a PCR test.
             | 
             | With these Theranos lab tests, it's honestly (to me) a
             | similar thing. If I'm a startup trying to make a cheap HIV
             | test, and I know it's not perfect, it's wrong sometimes,
             | does that make me a criminal for wanting to get real-world
             | users to use my product? Isn't it more of a regulatory
             | oversight if people are making medical decisions based on
             | new and imperfect tech?
        
               | rspeele wrote:
               | Depends strongly on how your represent the accuracy of
               | your test to those using it. If you are up front about
               | the level of accuracy it should be fine.
               | 
               | But my limited understanding of this case is that the
               | Edison machine was so inaccurate as to be near useless.
               | So if customers had been informed about how bad it was,
               | they would not have chosen to use it.
        
         | akshayB wrote:
         | I can't recall last time a C-level company executive get into
         | trouble for using deceptive tactics, every S&P500 company does
         | this to some extent. When they get caught, in majority of cases
         | it is a gentle slap on the wrist or given more of a timeout and
         | reallocation of their position. Also unfortunately using public
         | money and delivering a bad product is not a criminal offense,
         | more like being sloppy at what you do. With big lawyers
         | involved she might get sometime in a fancy hotel like prison or
         | some restrictions on trading stock or fundraising.
        
           | smart_creature wrote:
           | She didn't just "using public money and delivering a bad
           | product". She lied to investors and regulators. That is
           | called fraud and it is definitely a criminal offense. Her
           | defense rests on proving she did not do it knowingly or with
           | the intention to defraud. Nevertheless, yes she could get
           | away with it. And yes, this being the United States race and
           | class is involved but more so class in this case.
        
           | mordechai9000 wrote:
           | Here's a fun one: a telecom CEO (named Elizabeth, too) was
           | forging customer signatures - signatures of people she had
           | known and worked with in many cases - to show to investors.
           | 
           | And she took money from friends and employees, and told them
           | they were getting shares in the company. In reality she used
           | the money to pay off her lifestyle expenses.
           | 
           | To be fair, she probably intended to make good on the
           | investments once the company was wildly successful.
           | 
           | The amazing thing is, the company had hired a new CEO and is
           | actually still operating. Last I heard.
           | 
           | https://www.bloomberg.com/news/features/2019-10-08/quintilli.
           | ..
        
           | superbaconman wrote:
           | > According to the indictment, the defendants also allegedly
           | made numerous misrepresentations to potential investors about
           | Theranos's financial condition and its future prospects. For
           | example, the defendants represented to investors that
           | Theranos conducted its patients' tests using Theranos-
           | manufactured analyzers; when, in truth, Holmes and Balwani
           | knew that Theranos purchased and used for patient testing
           | third party, commercially-available analyzers. The defendants
           | also represented to investors that Theranos would generate
           | over $100 million in revenues and break even in 2014 and that
           | Theranos expected to generate approximately $1 billion in
           | revenues in 2015; when, in truth, the defendants knew
           | Theranos would generate only negligible or modest revues in
           | 2014 and 2015. https://www.justice.gov/usao-ndca/us-v-
           | elizabeth-holmes-et-a...
           | 
           | If that's not fraud, what is?
        
           | wyldfire wrote:
           | > Also unfortunately using public money and delivering a bad
           | product is not a criminal offense, more like being sloppy at
           | what you do.
           | 
           | They lied to FDA auditors in what sounds like a criminal
           | conspiracy to defraud investors, business partners, and the
           | patients whose blood tests were processed there.
        
           | misiti3780 wrote:
           | https://en.wikipedia.org/wiki/Enron_scandal
        
             | makerofspoons wrote:
             | Interestingly Holmes' father was a VP at Enron: https://www
             | .forbes.com/sites/petercohan/2019/02/17/4-startli...
        
             | hef19898 wrote:
             | Maybe it's time for a new SOX moment.
        
             | akshayB wrote:
             | The point I am trying to make is way things work in US,
             | most likely C-levels and high level officials of companies
             | get away with it. I am sure there are cases when folks got
             | into trouble. Apple had Antennagate for one of the iphones
             | and even with a class-action lawsuit people got like $15
             | reimbursement. For these huge companies in most of the time
             | amount of fines are more like margin of error in accounting
             | spreadsheet.
        
               | billyhoffman wrote:
               | These are not remotely comparable.
               | 
               | One is a company that built a product with a design flaw
               | effecting only one aspect of the product (cell radio)
               | that was only triggered under certain circumstances
               | (placing you fingers in certain positions). A civil
               | lawsuit against the company caused the company to issue a
               | fix (free bumper case which insulated the antenna) that
               | retroactively fixed all products that shipped with the
               | flaw.
               | 
               | The other is a medical device company that sold a product
               | that didn't work, giving incorrect results that directly
               | informed how people treated or even detected health
               | problems. People inside the company knew this and lied
               | anyway, repeatedly, and then those people induced and
               | conspired with others to hide their fraud. Those specific
               | people are now facing criminal charges.
        
               | floatboth wrote:
               | Antennagate and a big fraudulent startup in the _medical_
               | (!) industry are quite different scale things.
        
         | hart_russell wrote:
         | I think you could have just stopped at rich. Money helps anyone
         | going through the US Justice system, regardless of color.
        
           | tmpz22 wrote:
           | The data backs it up [1]. Sentencing disparities based on
           | race in the United States are undeniable.
           | 
           | [1]: https://www.aclu.org/sites/default/files/assets/141027_i
           | achr...
        
             | hart_russell wrote:
             | So based on your provided data, white people are
             | incarcerated more than latino and "other".
        
             | svrourke wrote:
             | There's always someone that has to make sure no one is
             | being unfair to white people
        
         | s_dev wrote:
         | >That rich white people
         | 
         | Balwani isn't white. He seems just as culpable as Elizabeth.
        
       | hijinks wrote:
       | say what you want about her but if I knew nothing about this
       | company and someone told me the CEO got charged with a crime and
       | she got pregnant after charges were filed.
       | 
       | I'd almost think she is guilty and trying to get a lesser
       | sentence because of having a kid.
       | 
       | As a sane person the last thing I want to do is bring a child
       | into a world where a parent could be in jail for 20 years.
        
       | apples_oranges wrote:
       | The modern wisdom, "fake it till you make it", requires you to
       | make it, otherwise you'll pay for lying to us.
        
         | [deleted]
        
         | SkipperCat wrote:
         | I'm curious, does this case get so much publicity because it
         | touches upon all the tropes of Silicon Valley? 'Fake it till
         | you make it', 'move fast and break things', 'disrupt the
         | markets', etc.
         | 
         | IMHO, this business model is fine when the only things at risk
         | are venture capital and you're trying to sell more widgets, but
         | when it comes to life and safety - bad news.
        
           | 6gvONxR4sf7o wrote:
           | > I'm curious, does this case get so much publicity because
           | it touches upon all the tropes of Silicon Valley?
           | 
           | I think people are so used to being lied to by companies that
           | they're really happy to see it come back on someone. When's
           | the last time you saw a press release that wasn't spun to
           | contort the truth as far as possible? We're so used to
           | corporate communication being 99% polished turds and, while
           | we accept it, we hate it. Just like all the experts calling
           | out their stuff as impossible, we all know we're being lied
           | to.
           | 
           |  _Finally_ , someone was caught being full of shit in a way
           | that makes them liable.
           | 
           | > IMHO, this business model is fine when the only things at
           | risk are venture capital and you're trying to sell more
           | widgets
           | 
           | I think this business model is _normal_ when it's other
           | things at risk, but people are enthusiastic to see
           | comeuppance because they're so sick of this being business as
           | usual.
        
           | sam0x17 wrote:
           | All of those things, but also I think a factor we all
           | underestimate is Elizabeth herself has this super creepy
           | presence in nearly every photo and video where she makes an
           | appearance -- something just seems "off", in an almost
           | uncanny valley sort of way, and confirmation that something
           | is in fact "off" in the form of an actual scandal, I think,
           | might satisfy some deep emotion that drove views to the
           | original news stories that showed her picture. Those pictures
           | stick with you, even sans-scandal.
           | 
           | Can't wait to see who they cast in the inevitable Netflix
           | series.
        
             | N00bN00b wrote:
             | >I think a factor we all underestimate is Elizabeth herself
             | has this super creepy presence in nearly every photo and
             | video where she makes an appearance -- something just seems
             | "off", in an almost uncanny valley sort of way, and
             | confirmation that something is in fact "off" in the form of
             | an actual scandal
             | 
             | Got to learn how to recognize the antisocial ones. This is
             | how you figure that out.
             | 
             | You can fake a lot, but the involuntary eye muscles don't
             | move properly, so you can see it in the eyes.
             | 
             | Some use that to avoid certain people. Some use it to find
             | the people they are looking for. The words that are said
             | don't matter as much. You can just look them in the eyes.
        
           | nvr219 wrote:
           | It gets a lot of attention because VCs were publicly conned.
        
           | elliekelly wrote:
           | > IMHO, this business model is fine when the only things at
           | risk are venture capital and you're trying to sell more
           | widgets, but when it comes to life and safety - bad news.
           | 
           | She's not on trial for defrauding patients and putting their
           | life and safety at risk. She's on trial for defrauding
           | investors and putting their money at risk.
        
           | LanceH wrote:
           | There are two possible "fake it until you make it" levels
           | going on here. Say you draw a regular sample of blood and run
           | tests with competitor's products until yours work. Tests are
           | real, but everyone thinks your tests are doing the work.
           | That's one way. The other way is you take a drop of blood and
           | produce unreliable results.
           | 
           | Generally "fake it until you make it" has some delivery of
           | the actual product, even if it costs more to produce than it
           | generates in revenue. Or it requires human execution of
           | something which appears to be automated.
           | 
           | The Theranos case is interesting because it straight up
           | didn't work. It definitely crossed over from "getting
           | something done differently than it appears" into "straight up
           | fabrication, intimidation, lies, and buying off the
           | politically influential."
           | 
           | Look at the board for the simple reason it gets a lot of
           | attention (beside hitting all the tropes). Short on medical,
           | long on political influence.
        
           | capableweb wrote:
           | > IMHO, this business model is fine when the only things at
           | risk are venture capital [...]
           | 
           | Isn't there always more risk than just "venture capital" to
           | this "move fast and break things" model?
           | 
           | Take Uber for an example, sure, they've burned so much cash
           | trying to circumvent laws, but not only have they burned
           | cash, they have also changed economies around the world by
           | burning this cash and trying to disrupt things. Many normal
           | taxi drivers are now without jobs, and suddenly the risk
           | seems bigger than just venture capital.
           | 
           | Same with AirBnb and changing the hospitality sector, and
           | many other examples where it seems there is just cash being
           | burned, but that burn also have an outside effect bigger than
           | just the burn.
        
             | krageon wrote:
             | Yes, organised crime (because that is what you are
             | describing) has big knock-on effects on the rest of
             | society. That is why we treat organised crime the way we
             | normally do. The fact that these corporations were allowed
             | abroad and left to do what they did highlights that the
             | legal system (meant in the first place to protect citizens)
             | has been broken. That that doesn't get looked at harder and
             | seen for what it is is truly tragic.
        
             | rewma wrote:
             | > Many normal taxi drivers are now without jobs, and
             | suddenly the risk seems bigger than just venture capital.
             | 
             | I've lost count of how many times I call an Uber and I end
             | up getting a taxi. I guess IMMV but from my vantage point
             | I'm not sure how realistic is the "taxi drivers are getting
             | fired" take.
             | 
             | One aspect where Uber thankfully did disrupted the taxi
             | industry is that now customers can flag bad taxi drivers
             | for providing a bad customer experience, and in the process
             | push out all the bad apples.
        
             | SkipperCat wrote:
             | Totally agree. I can't stand Uber and AirBnb because they
             | mess with people in a bad way. Their sins are well
             | documented. I'm fine with investors losing some $$$ on
             | companies like Juicero. Capitalism needs success and
             | failure to be effective and the death of $699 juice
             | squeezers are an acceptable casualty.
        
         | jjcon wrote:
         | This goes way beyond "fake it till you make it" - its not just
         | overhyping tech - its active and deliberate deception in a
         | product where you are playing with peoples lives
        
         | fnord77 wrote:
         | Holmes still made it - she's still rich and probably will serve
         | minimal (if any) jail time.
        
           | spaetzleesser wrote:
           | And in a few years everything will be forgotten. She will do
           | a little philanthropy and be a hero like Michael Milken.
        
       | RegnisGnaw wrote:
       | The problem is that none of this will work against her defense,
       | that she was not of sane state of mind at the time.
        
         | rsynnott wrote:
         | That's traditionally a very difficult defense; it's often tried
         | as a Hail Mary, but rarely succeeds.
        
         | thehappypm wrote:
         | Wait, that's not her defense from what I've seen. Her defense
         | was that she basically tried her best, was doing actual R&D,
         | there were tech problems, she made some blunders, but failure
         | is not criminal.
        
           | dazc wrote:
           | Tech problems is a bit of an understatement.
        
           | fernandotakai wrote:
           | she's going to say Balwani was abusing her emotionally and
           | sexually, which impaired her sense of mind.
           | 
           | https://www.npr.org/2021/08/28/1031961327/elizabeth-
           | holmes-t...
        
         | MisterBastahrd wrote:
         | What are they basing that on? Her turtleneck was too tight?
        
         | misiti3780 wrote:
         | Any lawyers here - is the general consensus that she is going
         | to jail for a long time?
        
           | smart_creature wrote:
           | Not a lawyer or legal expert. But American juries are
           | generally unpredictable and overwhelming evidence doesn't
           | always decide cases (look at the O.J Simpson trial or more
           | recently Bill Cosby or the first Epstein case). I think the
           | general consensus is that there's a lot of damning evidence
           | against her and there's a good chance she'll be found guilty.
           | But a lot depends on how effective her defense is in swaying
           | the jury and a lot of technicalities. Plus there's the
           | baby/new mother factor that might influence her sentencing if
           | not the jury verdict
        
             | mannerheim wrote:
             | There wasn't overwhelming evidence in the Cosby case, which
             | is precisely why his conviction was overturned. He was
             | convicted based on testimony he was forced to give against
             | himself in a civil trial where he was not allowed to
             | exercise his fifth amendment right against self-
             | incrimination. The previous DA specifically said there
             | wasn't enough evidence to convict Cosby, which is both why
             | he never pursued charges and why Cosby was forced to
             | testify against himself (without the threat of criminal
             | indictment, he didn't have the right against self-
             | incrimination on the civil suit).
        
               | smart_creature wrote:
               | You are technically correct but I don't see what the
               | contradiction is. You could say that his testimony was
               | 'overwhelming evidence' (he practically admitted to doing
               | what he was accused of). Yes, improperly obtained and
               | inadmissible, hence the 'technicalities' part. My point
               | is that even an open confession existing somewhere is not
               | a guarantee of conviction or a long prison sentence.
        
               | mannerheim wrote:
               | If the exclusion of a single piece of evidence whose use
               | in a trial was unconstitutional meant there wasn't enough
               | evidence to convict, I would say there wasn't
               | 'overwhelming evidence'.
        
         | kesselvon wrote:
         | That defense is not likely to work.
         | 
         | The reason she's using it is because the evidence is so
         | overwhelming, there are no other cards to play.
        
           | [deleted]
        
         | xqcgrek2 wrote:
         | Western society is way too tolerant of certain kinds of mental
         | illness, such as sociopathy/psychopathy, and intolerant of
         | others (e.g. anxiety/depression).
        
           | toss1 wrote:
           | Very succinct statement of the issue.
           | 
           | Not only is Western society too tolerant of sociopathy,
           | corporate structures tend to actively filter to top ranks
           | those with such behaviors (just spend 5min reading Glassdoor
           | or any employment-related NH topic...).
        
             | short_sells_poo wrote:
             | I have a pet theory on this that is entirely based on my
             | own biased views: societies which are communal, whether
             | around a family, village, tribe, etc..., tend to keep
             | sociopathic tendencies in check. Either the sociopathic
             | individual is exiled from the group, or at least identified
             | and prevented from harming the collective. If the larger
             | structure is still made up of smaller (at most 100s of
             | individuals) communities, exiles risk becoming pariahs and
             | without any societal support, it becomes next to impossible
             | to strive (or even survive).
             | 
             | In highly individualistic societies, a lot of the most
             | personal checks and balances are removed. You no longer
             | have a tight-knit family that imposes some moral framework
             | and behavior on it's members (good or bad).
             | 
             | Having said that, I'm not sure whether there are any truly
             | communal societies left in the modern world. I suppose some
             | isolated, rural communities could qualify, but pretty much
             | all modern countries are now individualistic. Family values
             | are slightly more pronounced in the East/far-East, but not
             | to a degree that matters. Being successful still often
             | trumps being a decent human being.
        
               | toss1 wrote:
               | Indeed! The ability to make a mess then move on to a new
               | crowd to abuse/scam/etc. without your reputation fully
               | following you, is hugely enabling for sociopaths.
        
         | smart_creature wrote:
         | I've followed the case fairly closely. I'm not aware that this
         | is part of her defense. Where did you get this from?
        
           | RegnisGnaw wrote:
           | https://www.npr.org/2021/08/28/1031961327/elizabeth-
           | holmes-t...
           | 
           | Basically: yes I did do this, but I was abused by Balwani and
           | as a result I was in an impaired state of mind.
        
             | smart_creature wrote:
             | Those are not exactly the same thing. And it would undercut
             | her current defense which is "I was just doing my best and
             | we failed and business failure isn't a crime"
        
               | RegnisGnaw wrote:
               | She doesn't have a current defense in the court. The
               | defense in court is all that matters in the trial, not
               | media. The prosecution is presenting the evidence right
               | now, she will have her turn afterwards.
        
               | smart_creature wrote:
               | "She doesn't have a current defense in the court.The
               | defense in court is all that matters in the trial, not
               | media"
               | 
               | Huh? I don't even know what this means. According to you
               | her defense is "that she was not of sane state of mind at
               | the time". Maybe you can post another npr link that
               | explains what you mean by no current defense in court.
        
               | RegnisGnaw wrote:
               | The "Balwani abused me and I had diminished mental
               | capacity" is her planned defense in court as stated in
               | the NRP article.
               | 
               | At the trial right now (in court), her lawyers hasn't
               | presented that defense yet. Right now the trial is in the
               | first step, the prosecution/state presenting their case.
               | Once the prosecution/state rests their case, the defense
               | begin present their case (at this point they will present
               | their "Balwami abused me argument".
        
         | buescher wrote:
         | I thought her defense was "we tried real hard and it just
         | didn't work, is that a crime?" I guess "also, I'm nuts" adds
         | some spice to the mix.
        
         | emaginniss wrote:
         | Her actual defense is going to be: "That bad man made me do it"
        
           | RegnisGnaw wrote:
           | Exactly, "I did do it. But that bad man made me do it."
        
           | dmurray wrote:
           | Cherchez l'homme!
        
       | jdorfman wrote:
       | Tyler Schultz and Erika Cheung risked it all. They saved lives by
       | blowing the whistle knowing it could potentially ruin their
       | careers, relationships, financial stability (lawyer fees).
        
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       (page generated 2021-09-29 23:02 UTC)