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Sunday, June 06, 2021 5:17:18 PM
One thing that I find interesting is the parallels between Mark's fraud case and Elizabeth Holmes' fraud case. For one, they are being tried by the same judge, U.S. District Judge Edward Davila. Holmes trial begins Aug 31 and Mark's Nov 20.
Also both Mark and Elizabeth tried to make it big in Silicon Valley, and for them the end justified the means.
One difference is that the blood test technology that Elizabeth was selling did not pass muster, whereas the Arrayit allergy IgE test allegedly aced several rounds of proficiency testing.
Another distinction is that Holmes raised billions of dollars from very distinguished people/investors whereas Mark was always hat in hand getting next to nothing, so he and Rene got in bed with very shady characters.
"Theranos Founder Can Lean on Silicon Valley Swagger in Defense"
The lofty ambitions and hyperbole of Silicon Valley startups and their founders is fair game for Elizabeth Holmes to use at her pending criminal trial, a judge ruled.
Exaggeration -- and bluster -- about what technology can do and how it improves lives is endemic in Silicon Valley. To what degree Holmes did that when she extolled Theranos’s blood-testing capabilities was among the first issues her lawyers and prosecutors took up. Icons Steve Jobs and Larry Ellison were invoked in the debate over what role the “culture of Silicon Valley” should play.
Amy Saharia, a lawyer for Holmes, told Davila that a broad order rejecting arguments about the region’s influence is improper. “It’s hard to draw lines at this time without the evidence before us,” she said. U.S. District Judge Edward Davila agreed.
“It’s common in Silicon Valley for promoters to engage in that type of conduct,” Davila said, noting that the jury will be drawn from the region. “There’s going to be some natural discussion of startup companies and how they operate.”
What won’t be permitted is for Holmes to argue that because exaggeration in Silicon Valley is ubiquitous, she was unfairly singled out and targeted in a “selective prosecution.” Such a defense is inappropriate, Davila said. “I’m relieved to hear the defense is not going to proffer that argument.”
“I can’t today say I’m going to preclude that discussion,” Davila said, referring to the swagger and boastfulness common in the high-tech epicenter of the U.S. “I’m not going to give a blanket preclusion,” he said. “It’s something the court will be mindful of as the evidence comes in. That’s what I’ll say now.”
https://www.bloomberg.com/news/articles/2021-05-04/silicon-valley-swagger-will-factor-in-elizabeth-holmes-s-trial
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