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Re:Theranos investors cannot pursue class action: U.S. judge by throwaway13456 on Friday June 01, 2018 @03:53PM (#17209448)
I don't understand American law. Why isn't Elizabeth Holmes behind bars yet? She's been accused of massive fraud by SEC and yet, she's still serving her role in Theranos?
Re:Theranos investors cannot pursue class action: U.S. judge by gautamdivgi on Friday June 01, 2018 @04:44PM (#17210055)
Because you are innocent until proven guilty in a court of law. The SEC is not a court of law.
Re:Theranos investors cannot pursue class action: U.S. judge by astura on Saturday June 02, 2018 @09:12AM (#17214441)
The SEC doesn't have the power to jail people or bring about criminal charges, they only enforce securities law, and have the right to levy punishment related to violations in securities law.

Criminal charges are brought about by the Dept of Justice. The burden of proof for criminal cases is much higher so it takes more time to do the investigation and prepare the case. You also only get one shot at criminal charges - if you bring about a case that's too flimsy and the defendant is found not guilty in court they can't be tried again for the same crime no matter how much rock solid evidence is found later. As far as I am aware, the criminal investigation is still ongoing.

The SEC can report their findings to the DoJ to assist with criminal cases.

Re:Theranos investors cannot pursue class action: U.S. judge by iosDrone on Friday June 01, 2018 @03:59PM (#17209522)
The criminal investigation is still underway. I will be shocked if she does not end up in prison.
Re:Theranos investors cannot pursue class action: U.S. judge by lovich on Friday June 01, 2018 @05:25PM (#17210504)
I'll be shocked if she does. When was the last time a CEO went to jail for something they did as part of their business? There is one set of rules for the rich and business owners and one set for everyone else
Re:Theranos investors cannot pursue class action: U.S. judge by mpd on Friday June 01, 2018 @05:28PM (#17210536)
Martin Shkreli
Re:Theranos investors cannot pursue class action: U.S. judge by tehlike on Friday June 01, 2018 @06:49PM (#17211145)
He went too far on the direction that disturbed everyone though :)
Re:Theranos investors cannot pursue class action: U.S. judge by AmericanChopper on Friday June 01, 2018 @10:59PM (#17212401)
He was simply unpopular. I don’t think you could argue he did anything worse than Holmes. But since she was a media darling, and the model female CEO, it’s kinda hard to see her being brought to justice. I’m not defending Shkreli, but it’s not very comforting to see the justice system as a popularity contest.
Re:Theranos investors cannot pursue class action: U.S. judge by saryant on Friday June 01, 2018 @05:31PM (#17210565)
Enron?

Her father did work there after all...

Re:Theranos investors cannot pursue class action: U.S. judge by faramarz on Friday June 01, 2018 @03:58PM (#17209512)
I beleive it's not in the SEC's mandate/scope to pursue civil cases. They simply enforce Securities laws.
Re:Theranos investors cannot pursue class action: U.S. judge by hackcasual on Friday June 01, 2018 @04:00PM (#17209535)
https://www.popehat.com/2013/03/18/is-anyone-down-update-the...

tl;dr Especially at the Federal level, cases can take a very long time, but they do happen.

Re:Theranos investors cannot pursue class action: U.S. judge by existencebox on Friday June 01, 2018 @04:33PM (#17209926)
Is this a great example? I tried to google around to see what the postmortem was on the founders discussed in that article, and it seems like _not only_ was the punishment a slap on the wrist, and no larger sentencing arose (at least per my brief search, feel free to correct me, I'd regain some faith in humanity if I were wrong).

Not only that, but the more vocal of the two founders is now running for a senate seat.

If anything you seem to be supporting the unfortunate conclusion that there _is_ no real recompense. I tend to agree with the OP, even as an american, the structure of the law seems unequivocally built to support those with the power to navigate it. Bernie Madoff was the exception, not the rule, and by his own words, even this may not be the level of punishment one might wish (re: imprisonment) "They call me either Uncle Bernie or Mr. Madoff. I can't walk anywhere without someone shouting their greetings and encouragement, to keep my spirit up. It's really quite sweet, how concerned everyone is about my well being, including the staff […] It's much safer here than walking the streets of New York."[0]

[0]https://en.wikipedia.org/wiki/Bernard_Madoff#cite_note-134