SEVERE WX : Special Weather Statement View Alerts

Elizabeth Holmes' disastrous error

In 2004, Elizabeth Holmes was on top of the world. She'd left Stanford after her second year to join the ranks of Sil...

Posted: Mar 16, 2018 7:17 PM
Updated: Mar 16, 2018 7:17 PM

In 2004, Elizabeth Holmes was on top of the world. She'd left Stanford after her second year to join the ranks of Silicon Valley's next-generation start-up pioneers.

She was inspired by a lifelong fear of needles and a nagging conviction that there must be a better way to diagnose and prevent disease in the developed world.

And she was going to "disrupt" the health care system as we knew it, back before "disrupting" was even a thing.

Her company, Theranos, aimed to democratize health care by providing broader access to preventive care through proprietary blood diagnostic technology. Holmes boasted the ability to do an array of blood tests from a single finger pinprick and just a few drops of blood, and claimed it could do it better, quicker, and cheaper than traditional blood testing.

The possibilities for earlier diagnoses and even prevention of any number of genetic diseases were endless.

By 2015, with Theranos at a market valuation of $9 billion, Forbes dubbed her the "youngest self-made woman billionaire," and Henry Kissinger sat on her board. By all accounts, at the age of 32, she was the elusive Silicon Valley unicorn (albeit a unicorn in a perpetual black turtleneck).

She's now its latest persona non grata.

With the depths of her alleged deception now revealed in the Security and Exchange Commission's recently released 24-page complaint, some are left scratching their heads as to how she could have gotten away with it--that is, if the allegations in the complaint are true. The answer is pretty simple.

As a white-collar criminal defense attorney, I can tell you just how unremarkable this story is. Countless well-intentioned young entrepreneurs suddenly find themselves in way too deep, and don't know how to extricate themselves. And many craft such compelling stories to investors that the line between fact and fiction is blurred even in their own minds.

It doesn't happen overnight. Whether it's confidence or hubris or just unbridled ambition, many truly believe that their company will be the next big thing, that they can pay off their debts as long as they can close the next deal, and that all will be forgiven once their investors are rich.

By all indications, Holmes ardently believed that her company would change the world -- someday. And her promises to investors were consistent with the media image she was simultaneously cultivating for her company: that it was on the forefront of revolutionizing the diagnostics industry, breaking into new territory to drive change and quite possibly eradicate epidemics as we know them. Except, according to the SEC, she was lying to investors along the way.

According to the complaint, it began when technological challenges were kept secret from Theranos investors; pharmacy execs were misled by omission at first, rather than explicitly. Later, in an apparent effort to hide these setbacks, Holmes sent blood tests to third-party vendors using traditional blood diagnostic analysis because her own technology wasn't up to snuff.

Even as her business partnerships were falling apart and her technological innovations stalling, Holmes included financial information in Theranos investor binders projecting $1 billion in revenues for 2015, which, by that point, she knew could not be true, says the complaint.

In my experience, frauds like the one Holmes allegedly perpetrated are shockingly commonplace and are rarely hatched with co-conspirators and commenced with ill intent. Rather, they are backed into through a series of questionable business decisions, which in totality create a desperate situation. It's those who double down rather than admit defeat in those circumstances that end up in trouble with federal authorities.

It looks to me that Holmes had all the hallmarks of a double-downer.

As detailed in the complaint, over the course of a two-year scheme, Holmes and former Theranos President Ramesh "Sunny" Balwani allegedly lied about the capabilities of its proprietary technology, the extent of commercial and business relationships, its access to the Department of Defense, its status at the Food and Drug Administration, and the financial state of the company.

By the time the Wall Street Journal published a scathing investigation into the company's practices and Holmes' integrity, it was too late.

In 2017, Theranos settled a civil lawsuit with Walgreens for an undisclosed amount and reached a deal with investors in exchange for their releasing potential legal claims against the company.

In her settlement with the SEC action, subject to court approval, Holmes will be barred from serving as an officer or director of a public company for 10 years, will pay a $500,000 penalty, and will return the shares of the company she obtained through the fraud back to Theranos investors.

Criminal and regulatory prosecutions (like the SEC's) are often investigated on parallel tracks, with coordination and cooperation among various government agencies. I wouldn't be surprised if the United States Attorney's Office for the Northern District of California has an open criminal investigation against Holmes. As this story unfolds, Silicon Valley's one-time darling is now its cautionary tale.

Minnesota Coronavirus Cases

Data is updated nightly.

Cases: 554536

Reported Deaths: 7083
CountyCasesDeaths
Hennepin1155051679
Ramsey47786853
Dakota42410422
Anoka38477415
Washington24913273
Stearns20994218
St. Louis16774297
Scott15946117
Wright14764127
Olmsted1273297
Sherburne1060080
Carver980145
Clay781289
Rice7632101
Blue Earth695840
Kandiyohi627380
Crow Wing615086
Chisago548250
Otter Tail542673
Benton530597
Mower450532
Goodhue442471
Douglas441870
Winona438149
Nobles400248
Morrison394659
McLeod394355
Isanti375159
Beltrami372257
Itasca370752
Polk365367
Steele361914
Becker353948
Lyon347848
Carlton329352
Freeborn326829
Pine311821
Nicollet306542
Brown294439
Mille Lacs281250
Le Sueur269722
Todd268730
Cass249626
Meeker235937
Waseca231221
Martin212529
Wabasha19953
Roseau197318
Renville172043
Hubbard171841
Dodge17123
Redwood166435
Houston162614
Cottonwood156821
Fillmore15169
Pennington150619
Chippewa145836
Wadena144021
Faribault143419
Sibley135710
Kanabec130621
Aitkin128636
Watonwan12549
Rock122719
Jackson117310
Yellow Medicine110419
Pipestone109725
Murray10229
Pope10226
Swift99518
Marshall85617
Stevens82010
Lake78419
Clearwater77414
Koochiching76913
Wilkin76812
Lac qui Parle73522
Big Stone5644
Lincoln5592
Grant5478
Norman5229
Mahnomen5048
Unassigned49578
Kittson46622
Red Lake3877
Traverse3595
Lake of the Woods3053
Cook1450

Iowa Coronavirus Cases

Data is updated nightly.

Cases: 357796

Reported Deaths: 5821
CountyCasesDeaths
Polk55970604
Linn20297330
Scott19082234
Black Hawk15550306
Woodbury14897221
Johnson1404281
Dubuque13153202
Dallas1089196
Pottawattamie10747162
Story1031147
Warren555186
Clinton537390
Cerro Gordo521986
Webster508291
Sioux506073
Marshall477174
Muscatine459896
Des Moines441465
Wapello4253120
Buena Vista421740
Jasper407670
Plymouth397079
Lee368155
Marion354575
Jones293055
Henry286137
Bremer279260
Carroll279151
Crawford262040
Boone258533
Benton250355
Washington249550
Dickinson242043
Mahaska224850
Jackson217942
Kossuth212663
Clay211025
Tama206671
Delaware202839
Winneshiek194433
Page190321
Buchanan188831
Cedar183823
Fayette182941
Wright180435
Hardin179942
Hamilton178049
Harrison176373
Clayton167055
Butler162534
Mills158620
Cherokee157138
Floyd155342
Lyon154741
Madison153919
Poweshiek152733
Allamakee149051
Iowa145524
Hancock143534
Winnebago136031
Grundy135232
Cass134354
Calhoun133211
Jefferson130635
Emmet128840
Shelby128337
Sac127219
Louisa126849
Appanoose126747
Mitchell125241
Union124032
Chickasaw122615
Humboldt118326
Guthrie117929
Franklin112721
Palo Alto110922
Howard102822
Montgomery100637
Unassigned10030
Clarke98223
Keokuk94530
Monroe94128
Ida89633
Adair84532
Pocahontas83621
Monona81230
Davis79924
Greene76710
Osceola75516
Lucas74923
Worth7078
Taylor65212
Fremont6139
Decatur5899
Van Buren55518
Ringgold53623
Wayne52123
Audubon4949
Adams3284
Rochester/St. Mary'S
Clear
46° wxIcon
Hi: 61° Lo: 32°
Feels Like: 46°
Mason City
Partly Cloudy
42° wxIcon
Hi: 64° Lo: 34°
Feels Like: 38°
Albert Lea
Partly Cloudy
45° wxIcon
Hi: 63° Lo: 34°
Feels Like: 45°
Austin
Partly Cloudy
43° wxIcon
Hi: 62° Lo: 32°
Feels Like: 43°
Charles City
Partly Cloudy
45° wxIcon
Hi: 63° Lo: 36°
Feels Like: 41°
Pleasant conditions for the weekend
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

Sara's Saturday Night Forecast

Image

April Tool's Day

Image

Byron baseball starts season strong

Image

Hayfield BB PKG

Image

Minnesota DNR offering virtual firearm safety classes for youth

Image

Aaron's Saturday Forecast (4/17/21)

Image

North Broadway Avenue project begins Monday

Image

Aaron's Evening Forecast (4/16/21)

Image

Mom hosting Prom

Image

Vaccines for manufacturing

Community Events