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The Courts Businesses

Theranos' Elizabeth Holmes Represents Herself at Trial After Lawyers Say She Stiffed Them (mercurynews.com) 99

McGruber quotes the Mercury News:
In her regular attendance at the San Jose federal courthouse for hearings in her high-stakes criminal fraud case, Theranos founder Elizabeth Holmes has been flanked by expensive lawyers. But in an Arizona civil case, she took part in a hearing this week representing herself, and by phone, according to a report Friday.

Holmes has seven lawyers preparing for the August trial start in her criminal case in U.S. District Court, and fighting federal prosecutors over evidence. In the Arizona case — a lawsuit filed by blood-testing customers against Holmes, the defunct Palo Alto startup Theranos, and drug store chain Walgreens — court records earlier this month indicated she had two lawyers defending her. That was after three attorneys representing her in that case quit in the fall, saying she hadn't paid them for more than a year and probably never would. Now, the court docket shows Holmes representing herself in the civil case.

And, according to a Bloomberg report, she didn't appear at a hearing in that case Thursday, instead calling in to the courtroom via an audio feed. She told the judge she wouldn't make any arguments, but would rely on arguments made by lawyers for the other defendants in the case, Bloomberg reported Friday, citing an unnamed lawyer said to be present at the proceedings.

Legal experts say Holmes faces considerable financial peril from the legal actions against her, with legal fees on top of possible restitution for investors, fines and a prison sentence.

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Theranos' Elizabeth Holmes Represents Herself at Trial After Lawyers Say She Stiffed Them

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  • Wow! (Score:5, Insightful)

    by Brett Buck ( 811747 ) on Sunday January 26, 2020 @07:35PM (#59658812)

    The Dunning-Kruger is strong with this one!

    • by rsilvergun ( 571051 ) on Sunday January 26, 2020 @07:40PM (#59658824)
      she's still got 7 lawyers for her real trail (the criminal one).
      • Somehow we need to make lawsuits strike a balance between too hard win and too expensive to win. Maybe if there could be some FULLY OPTIONAL mediation court before hand that will award layers feed funding to parties accepting their resolution. If both accept then of course no fees are expended since the mediation is resolved. If not then the party that accepts when the other does not will get some compensation as either the plaintiff or defendant.

        It would be optional to go through this.

        the pit fall here w

    • Re:Wow! (Score:5, Insightful)

      by arglebargle_xiv ( 2212710 ) on Sunday January 26, 2020 @09:02PM (#59658980)
      Socipaths/psychopaths believe they're cleverer than everyone else, and often end up representing themselves in court, with typically disastrous results. They're very capable of manipulating an amicable or even neutral audience, but fall apart under hostile examination by skilled lawyers.
      • What's that saying. Someone who represents themselves has a genius for a client? Hmmmm, no that doesn't sound quite right.
      • Re:Wow! (Score:4, Interesting)

        by samwichse ( 1056268 ) on Monday January 27, 2020 @02:43PM (#59661830)

        Last time my wife did jury duty, it was this guy representing himself. He stole a wheelchair from a donation center. For use as a halloween costume. This is in a very wealthy area.

        He was offered a fine + slap on the wrist amount of community service. "No," he said, "I will not admit wrongdoing."

        He represented himself, and incriminated himself right there in the courtroom saying it wasn't a crime because he intended to bring it back.

        He ended up with several months in prison. The jury maxed it out because he obviously felt zero remorse.

        • Obviously the defence didn't work in your story, but it may not be as flawed as you might think.

          Depending on the jurisdiction (at least applicable to UK-based common law jurisdictions), there is a requirement to prove an intention to permanently deprive the rightful owner of the item, and as such an intention to return the item can allow you to wriggle out of the definition of the crime.

          I'm not familiar with criminal law in the US, but I suppose the precise definition of theft various from states to states,

  • She is rich (Score:4, Informative)

    by 110010001000 ( 697113 ) on Sunday January 26, 2020 @07:49PM (#59658844) Homepage Journal

    Married a heir to a hotel fortune. So it isn't lack of money.

    • Her husband is associated with a well-to-do family. Anne Evans, Elizabeth's mother-in-law, may be wealthy.
      One can only imagine what the prenup says.

      • If he is that wealthy and, knowing her criminal liabilities, if he and his lawyers didn't draft an iron-clad prenup that protects all his and his families assets prior to the marriage, he would deserve being taken for every dime. Marrying someone for the prison sex is one thing; losing one's forture to them is quite another.

  • by mschaffer ( 97223 ) on Sunday January 26, 2020 @08:07PM (#59658882)

    Wouldn't we all want to have an attorney that went to Stanford represent us. And by "went to Stanford" I mean attended Standford for a little over a year.
    She's a real character. I cannot wait to see the highlight reel from the SEC trial.

    • And by "went to Stanford" I mean attended Standford for a little over a year.

      By "went to Stanford" in this context, you should be meaning that they "graduated from Stanford Law."

      What the fuck are you smoking??

  • Forbes in 2015 pegged Holmes’ net worth at $4.5 billion, based on an estimated $9 billion valuation for Theranos and her ownership of half the company’s stock. But the SEC has said Holmes never sold any stock, and that between 2013 and 2015 she received a salary of $200,000 to $390,000 per year.

    Knowing the entire time that the company and fortune were standing upon the foundational equivalent of quicksand, she never sold a share of stock? If that's accurate, wow, she has the chutzpah.

    • No need. She was from a rich family.

    • by Gavagai80 ( 1275204 ) on Sunday January 26, 2020 @08:23PM (#59658914) Homepage

      Selling stock would've accelerated the end of the company and caused massive slide in the stock value, as well as presenting possible further legal issues. Better to take the safe route of collecting $300,000 a year while projecting confidence by not selling stock.

      • by Anonymous Coward

        Exactly, it's the same situation Elon Musk has been in. Paper billionaires have little cash and are much more fragile than most assume (Musk's jet, mansions and extravagant living expenses are all paid by the company). Their financial status literally lives and dies by every tick of stock quote.

        https://www.latimes.com/busine... [latimes.com]

        • Exactly, it's the same situation Elon Musk has been in. Paper billionaires have little cash and are much more fragile than most assume (Musk's jet, mansions and extravagant living expenses are all paid by the company). Their financial status literally lives and dies by every tick of stock quote.

          https://www.latimes.com/busine... [latimes.com]

          At least his companies actually have product though.

    • by Darinbob ( 1142669 ) on Sunday January 26, 2020 @08:23PM (#59658918)

      Or she honestly believed her own lies. A lot of people end up doing that. Probably had a reasonable idea at the start (a simple test for one thing only), then go in over her head for the grand vision, at which point the sunk costs caused her to naively try to sink in even more money to pull it off. Then if she gets it into her head that it's all going to work if it weren't for those lazy workers who keep screwing up...

      But ya, even if you have a great workable idea, selling off at least some stock is a smart thing to do. Most startup stock eventually ends up worthless, and whether they succeed or fail has little to do with the quality or innovativeness.

      • Or she honestly believed her own lies. A lot of people end up doing that. Probably had a reasonable idea at the start...

        Likely true, and self-delusion is a hell of a thing... she probably half believed she could turn it all legitimate, given enough time and resources. Not selling even a few $tens of millions$ of the $billions$ in stock indicates an incredible sociopathic discipline, or a total disregard for situational awareness.

        Liz's accomplishments prior to the house of cards folding indicate otherwise. Every savvy criminal ever has a getaway stash. Maybe she is not savvy, but more likely, she was able to sequester funds o

      • See my earlier post, socio/psychopaths typically believe their own lies. Or at least we think they do, since they're pathological liars we have no idea whether they know they're lying or not. I've dealt with several cases of people diagnosed with NPD/ASPD who created fantasy business ventures but never made a penny off them because they believed their own lies (or appeared to). At least one of them then went back to the same suckers who'd funded the first failed business and got them to fund a second fai
      • by Trailer Trash ( 60756 ) on Sunday January 26, 2020 @10:07PM (#59659124) Homepage

        We can look at how she ran the company, and every indication is that she knew it was a complete scam. The main indicator for me is that she made sure the departments didn't communicate with each other - the idea being that no one person there outside of her inner circle had the complete picture (which was that their product was bullshit). I think she knew it was a scam, but probably thought she could string people along long enough to cash out.

        • she made sure the departments didn't communicate with each other - the idea being that no one person there outside of her inner circle had the complete picture {...} I think she knew it was a scam,

          Or she could be so sure that her company is going to work, so persuaded that it's actually doable, that she was affraid that some competitor would spy on them and steal the "secret sauce" she was persuaded having that would the company success.

          I.e.: she was afraid of IP theft, even if there wasn't actually any real IP worth anything where she though.

        • More likely it's another case of "in too deep."

          She's an upper manager. Her job is to listen to bold promises from lower managers and approve their proposals. I wouldn't be surprised if she genuinely believed that the crazy ideas would work given enough R&D, but when it became obvious that the ideas were too ambitious or flawed, it made more sense to cook up any BS necessary to keep the money flowing. Somehow, things would "work out" in the end. Things just snowballed from there until it eventually t

      • I think she might have gotten caught in the vapor ware trap. Sure we haven't solved the problem yet but we have the brightest people working on it and are so close. As long as we make the product real before anyone finds out ...

      • Most likely she just believed that her vision could be turned into reality and wouldn't listen to the engineers and technicians who tried telling her otherwise. The original armband that did all kinds of blood tests and administered medication as needed was just pure sci-fi and the much less ambitious minilab ran into some unavoidable fundamental level issues even it wasn't pure sci-fi like the armband. This was probably then bolstered by her boyfriend, himself was a dot.com bubble millionaire who cashed ou
        • Then there's also how the media painted her up as the feminist Steve Jobs, which obviously further added to her hubris and inability to stop and face the facts.

          Not feminist - female.
          And not the media - she purposefully changed her image to be Jobs-like.

          She was very VERY actively pushing a public version of herself that emulated Jobs, turtlenecks and all.
          She'd even change her voice in public and put on that blue-eyed stare. Which was further enhanced in publicity photos.
          Think unsettling. Think... Different.

          And that's kinda the issue. She wanted to be Jobs 2.0. Younger, blonde, tall, blue-eyed and female.
          She wanted to be famous and rich - not the other way around. S

      • No, she's a fantasist. Watch the movie "The Inventor - Out for Blood in Silicon Valley" and marvel at how disconnected from reality she is.

        Her old professor was interviewed about Holme's patent for a blood testing patch, and basically she says "you can't do that, its physically impossible". (25 mins in)

        My favourite bit in the movie is her being interviewed and talking about hiw creative she was even as a child, she drew a time machine, and it was incredibly detailed. The implication of the interview was cl

      • Or she honestly believed her own lies.

        I doubt it. The company had no product and no plan to produce any product. It was a pyramid scheme of hype, get politicians to buy in build up more hype. If she had started selling off stock it would have caused more eyes to pry into exactly what the "business" was doing.

        No idea what the exit strategy was. Even if she managed to get a few billion out of investors by dealing them hype, it isn't like they would let her walk away with it.

    • by ShanghaiBill ( 739463 ) on Sunday January 26, 2020 @08:27PM (#59658926)

      she never sold a share of stock?

      Theranos never IPOed. So she couldn't sell shares to public investors.

      She could, and did, sell shares to VCs.

      • Makes sense. Once a company goes public, levels of scrutiny increase, and obligations to shareholders invite unwanted scrutiny by the initial (SEC) people.

      • by Latent Heat ( 558884 ) on Sunday January 26, 2020 @08:54PM (#59658976)

        Thanks for the breath of financial literacy around here.

        • When selling to VCs, though, those are typically *newly issues* shares. The founders don't necessarily get any "exit" as part of that process. VCs aren't interested in putting cash in founders' pockets and they have a disincentive to do so. If the founders can't sell any shares, their own personal fortune is 100% tied to the company so they will work their tail ends off for the benefit of the VCs (who will get a disproportionate share of the profits)
      • Comment removed based on user account deletion
      • she never sold a share of stock?

        Theranos never IPOed. So she couldn't sell shares to public investors.

        She could, and did, sell shares to VCs.

        While an IPO is needed for selling shares on an open market, there are still avenues for selling pre-IPO shares, such as secondary stock transactions. So, there was a way for Holmes to cash out at least partially. The question is whether she took advantage of those ways to lock in cash.

    • by AuMatar ( 183847 )

      There's other ways around that. Take a loan out with the stock as collateral. You get cash, the bank gets an asset or interest over time, and you don't have to pay taxes as there is no sale. The rich have work arounds.

      • There's other ways around that. Take a loan out with the stock as collateral. You get cash, the bank gets an asset or interest over time, and you don't have to pay taxes as there is no sale. The rich have work arounds.

        I'd hate to be the financial institution holding that stock as collateral.

        • by AuMatar ( 183847 )

          In this case, yes. But if you were a bank a year before everything came out, you'd have taken it at a valuation discount in a second.

    • Her daddy was an Enron executive who lost bundle (on paper). Holmes may well be a dyed in the wool "sincere" believer in the Fake It 'Til You Make It path to success and self-actualization.

  • by BrendaEM ( 871664 ) on Sunday January 26, 2020 @08:20PM (#59658898) Homepage
    One Elizabeth Holmes is too many.
  • If she were a drug dealer she'd be in trouble because they'd seize all her assets. But since she's just a rich fraudster she can pay off the small civil fine and put the rest into big legal team to fight jail time. Justice is blind.
  • This makes it sound like she's the old couple who always shows up on free pie day at Village Inn.

  • Here we are entering year 5, with no end in sight. I know these cases are complex, but still: Justice should be at least somewhat swift. There's really no reason to allow the various parties to drag these cases out for year, after year, after year... In the end, the only winners are the lawyers.

    Of course, it is the lawyers who have - through their over- representation in legislatures - crafted this legal system with its overly complex rules and procedures.

  • How hard would it have been for her over these many years to have stashed a few million dollars for her future?

    I mean, if you see yourself getting jailed, fined and losing civil suits to the point that you have zero to negative assets, at some point wouldn't it be a huge temptation to come up with some way to stash cash? So that in 10 years or whenever you get out you wouldn't be dead broke, even if it only possible to use the money to make your life somewhat easier?

    Overseas bank deposits? Actual cash or

  • Shock

    Horror.

    Amazement.

    Not.

    What was that Klingon saying I heard recently? "A fool and his money are soon parted." No, sorry, it's Klingon, not Business-spesk. "his head", not "his money".

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