Re:The Sexism That Led to the Elizabeth Holmes Trial
by sinyug on Friday September 17, 2021 @11:45PM
(#28573484)
> why are we not also punishing the other CEO's of Silicon Valley companies for that kind of fraud?
My response to her would be: be my guest. It is my understanding that the DOJ has a 90% success rate in obtaining convictions when the cases do go to trial.[1] What that means is, they would not pursue indictment unless they are convinced of success.
> they're lumped together under fraud
There is this weird thing called wire fraud that can be used to charge almost anyone with anything as it pertains to communication over the wire. That part of the law is what Holmes and Balwani have been accused of violating.[2]
[1] https://www.pewresearch.org/fact-tank/2019/06/11/only-2-of-f...
[2] https://www.justice.gov/usao-ndca/pr/theranos-founder-and-fo...
However, the author's point (which I don't necessarily agree with) is that Holmes is nominally on trial for fraud, and at least part of her crime is the same kinds of fraud that Uber and other large companies are guilty of. If we're punishing her for (at least in part) standard-issue fraud, why are we not also punishing the other CEO's of Silicon Valley companies for that kind of fraud?
The additional context you've added by distinguishing between the "lying to investors" fraud and the "dangerous medical device" fraud makes sense now, which helps me to understand your larger issue with the article. The author definitely doesn't tell the whole story with respect to what she's been accused of.
>I don't know if or why the prosecution did not consider that to be a separate crime.
Now that you've explained that they're lumped together under fraud, I get where you're coming from. Her crimes are "fraud" in name only, and could have conceivably been called something entirely different.