Used to work as a lawyer in a VC practice, representing both start-ups and investors. The short answer is that the SEC can't bring criminal charges, can only bring civil charges, but refers possible criminal complaints to the DOJ for it to bring criminal charges if it chooses. So, rojo, your Republican/Trump DOJ decided not to bring criminal charges here. Given how Trump's administration works, that would lead me to believe that she's a big Republican campaign contributor or has some other influence, or that at least it would have been embarrassing enough to prominent Republicans (board of directors, etc) for them not to pursue this. For what it's worth, I never used to view the world this way but there's no level of corruption that I think is beyond Trump and his team. If you don't want to think it's a conspiracy among the Republicans, then the classic answer is that it was determined that they didn't have a strong enough case to win "beyond a reasonable doubt". Don't forget that the SEC's civil charges have a lower legal standard. There are so many standard disclaimers in the deal docs about unproven technology, risk of regulatory issues, risk of complete loss, etc. that there is probably plenty of wiggle room to build a defense around the idea that the investors were forewarned about the many risks and thus no fraud. Again, prosecutors would have to prove fraud beyond a reasonable doubt.
rojo wrote:
I've been obsessed with this case for years. I really think she should be in the slammer and don't get why she is getting off the hook.
Yes, she agreed to give up voting control of the company, 19 million shares and pay a $500,000 fine. However, she basically defrauded millions from investors and then risked the lives of thousands. How is that not worthy of a criminal prosecution?
And the 19 million shares she is giving up are only worth anything because of the fraud. The same thing is true - she's paying a $500,000 fine yet all of her net worth comes from her running this fraudulent company.
Any chance she ever spend a day in the slammer?
http://www.chicagotribune.com/business/ct-biz-theranos-founder-elizabeth-holmes-charged-fraud-20180314-story.html