Tag: Theranos Inc

  • Elizabeth Holmes’s Partner Starts a New Blood-Testing Company

    Elizabeth Holmes’s Partner Starts a New Blood-Testing Company

    Elizabeth Holmes is in prison for defrauding investors through her blood-testing company, Theranos. In the meantime, her partner is starting one of his own.

    Billy Evans, who has two children with Ms. Holmes, is trying to raise money for a company that describes itself as “the future of diagnostics” and “a radically new approach to health testing,” according to marketing materials reviewed by The New York Times.

    If that sounds familiar, it’s because Theranos similarly aimed to revolutionize diagnostic testing. The Silicon Valley start-up captured the world’s attention by claiming, falsely as it turned out, to have developed a blood-testing device that could run a slew of complex lab tests from a mere finger prick.

    Mr. Evans’s company is named Haemanthus, which is a flower also known as the blood lily. It plans to begin with testing pets for diseases before progressing to humans, according to two investors pitched on the company who spoke on the condition of anonymity because they had agreed to keep the plans secret. Mr. Evans’s marketing materials, which lay out hopes to eventually raise more than $50 million, say the ultimate goal is nothing short of “human health optimization.”

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    The Haemanthus testing device.Credit…Haemanthus

    A photo provided to potential investors of the start-up’s prototype bears more than a passing physical resemblance to Theranos’s infamous blood-testing machine, variously known as the Edison or miniLab. The device that Mr. Evans’s company is developing is a rectangular contraption with a door, a digital display screen and what the investor materials describe as tunable lasers inside.

    Haemanthus says its device will test blood as well as saliva and urine.

    The marketing documents provided with the photo say there is “no regulatory oversight — U.S.D.A. confirmed in writing.”

    It’s not clear what the company means by that. A spokesman for the U.S. Department of Agriculture, Seth W. Christensen, said he was not able to confirm whether the agency had corresponded with Haemanthus. “U.S.D.A. does regulate vet diagnostics,” including blood testing, Mr. Christensen said.

    Mr. Evans responded in an interview, “When you’re in stealth, you’re trying to be in stealth. They aren’t going to find anything associated with the name Haemanthus.” Mr. Evans sent a partially redacted document from the U.S.D.A. that said, “It does not appear that the proposed product is within the regulatory jurisdiction” of the Center for Veterinary Biologics, which is a part of the U.S.D.A.

    Mr. Evans, the 33-year-old heir to a California hotel fortune who met Ms. Holmes while federal authorities were investigating her, has not publicly discussed the new venture. The documents indicate he has already assembled roughly 10 employees. He describes his employment on social media simply as working for a “stealth start-up.”

    James W. Breyer, the well-known venture capitalist and early investor in Facebook, said his team had been asked to put in money and decided against it “for many of the same reasons we passed twice on Theranos.”

    “In diagnostics, we’ve long held that the difference between a compelling story and a great company lies in scientific defensibility and clinical utility,” he wrote in an email.

    If sequels are de rigueur in the so-called disruptive world of technology, this one is particularly bold. Theranos became one of the most celebrated start-ups in the globe last decade and attracted both big-time investors (Rupert Murdoch, Larry Ellison) and a board of advisers that included Henry Kissinger.

    Ms. Holmes, often clad in a black turtleneck that invited comparisons to the Apple founder Steve Jobs, was feted on magazine covers, and at the White House.

    Few knew that Theranos’s technology could not diagnose hundreds of conditions it claimed it could. As was chronicled in The Wall Street Journal, a best-selling book, a podcast, television series and later criminal proceedings, Theranos was largely using third-party technology to run rudimentary assays — when it did any testing at all. Patients received false diagnoses. The company crumbled ahead of Ms. Holmes’s indictment for fraud.

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    The Theranos blood-testing machine. (Jim Wilson/The New York Times)

    Ms. Holmes, who has always maintained that she is innocent, was convicted of fraud in 2022 and sentenced to 11 years in prison. She is incarcerated in a Bryan, Texas, federal prison.

    Mr. Evans’s idea for Haemanthus traces back at least a year and a half, when he incorporated the company in Delaware, according to public corporate filings. Documents filed in Delaware and Texas show that its offices have been at various addresses in the trendy South Lamar neighborhood of Austin, Texas, where Mr. Evans lives with his and Ms. Holmes’s two children.

    Haemanthus began by soliciting $3.5 million in funding from friends and family and this spring began reaching out to other well-to-do backers in Austin and the San Francisco Bay Area for an additional $15 million, according to the investor materials.

    The billionaire Michael Dell’s investment firm turned down the effort, according to two people briefed on the outreach.

    The one investor who could be identified in public records is Matthew E. Parkhurst, the part owner of a Mediterranean tapas bar in downtown Austin and other investments. Mr. Parkhurst did not respond to requests for comment.

    Much of the Haemanthus executive team hails from Luminar, a struggling self-driving car company where Mr. Evans worked for two years, according to his LinkedIn profile.

    Pet health care is the first market Mr. Evans’s company aims to address. The start-up has thus far received one patent.

    According to the company’s marketing materials and patent, the Haemanthus device will use a laser to scan blood, saliva or urine from pets and analyze the samples on a molecular level. In a matter of seconds, the marketing material said Mr. Evans’s machine would be able to identify and qualify biomarkers such as glucose and hormones, and deploy what the company calls deep learning models to detect cancer and infections.

    Animal medicine has grown into a colossal industry as private-equity firms have increasingly acquired and consolidated independent veterinary practices.

    Pet cancer screenings alone are a multibillion-dollar market. Edgemont Partners, a health care investment bank, describes it as a “recession-proof industry.”

    Haemanthus told investors that it had roughly two dozen advisers, including veterinarians and diagnosticians, though it did not name them.

    Haemanthus’s materials say the long-term goal is to develop a stamp-size, wearable version of the product for humans. “Based on our experience and partner input,” it says, that will require three years and $70 million.

    The investor presentation makes no mention of Mr. Evans’s connection to Ms. Holmes.

  • Elizabeth Holmes Gets Over 11 Years in Prison for Fraud

    Elizabeth Holmes Gets Over 11 Years in Prison for Fraud

    SAN JOSE, Calif. — Elizabeth Holmes, the founder of the failed blood-testing start-up Theranos, was sentenced to more than 11 years in prison on Friday for defrauding investors about her company’s technology and business dealings.

    The sentence capped a yearslong saga that has captivated the public and ignited debates about Silicon Valley’s culture of hype and exaggeration. Ms. Holmes, who raised $945 million for Theranos and promised that the start-up would revolutionize health care with tests that required just a few drops of blood, was convicted in January of four counts of fraud for deceiving investors with those claims, which turned out not to be true.

    Judge Edward J. Davila of the U.S. District Court for the Northern District of California sentenced Ms. Holmes to 135 months in prison, which is slightly more than 11 years, followed by three years of supervised release. Ms. Holmes, 38, who plans to appeal, must surrender to custody on April 27, 2023.

    In the courtroom on Friday, Ms. Holmes — who appeared with a large group of friends and family, including her parents and her partner, Billy Evans — cried when she read a statement to the judge.

    “I am devastated by my failings,” she said. “I have felt deep pain for what people went through because I failed them.”

    Ms. Holmes, who has a 1-year-old son and is pregnant with her second child, apologized to the investors, patients and employees of Theranos. She said she had tried to realize her dream too quickly and do too many things at once. She ended with a quotation from the poet Rumi and a promise to do good in the world in the future.

    Though federal sentencing guidelines for wire fraud of the size that Ms. Holmes was convicted of recommend a maximum of 20 years in prison, a probation officer assigned to the case proposed nine years. Her lawyers had asked for just 18 months of house arrest, while prosecutors sought 15 years and $804 million in restitution for 29 investors.

    Prosecutors had urged Judge Davila to consider the message that her case would send to the world. In court filings, they wrote that a long sentence for Ms. Holmes was important to “deter future start-up fraud schemes” and “rebuild the trust investors must have when funding innovators.”

    Jeffrey Cohen, an associate professor at Boston College Law School and a former federal prosecutor, said it was somewhat surprising for a sentence to go beyond a probation report’s recommendation, but the high-profile nature of Ms. Holmes’s case had made it a symbol. The sentence also showed that courts take fraud seriously, he added.

    “We rarely see these kinds of prosecutions,” he said.

    Ms. Holmes’s case has taken on an almost mythic status among white-collar crimes. Few start-up founders reached the level of prominence that she did, appearing on magazine covers, dining at the White House and hitting a paper net worth of $4.5 billion. Since Theranos’s fraud was exposed in 2015, Ms. Holmes’s story has been told in podcasts, TV shows, books and documentaries.

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    Ms. Holmes with her parents and Mr. Evans before her sentencing on Friday. Theranos shut down in 2018. (Jim Wilson/The New York Times)

    Exaggeration and hype are common among tech start-ups, but very few executives are indicted on fraud charges, let alone convicted and sent to prison. That trend may be changing as the Justice Department has said it plans to be more aggressive in its pursuit of white-collar criminals.

    In October, Trevor Milton, the founder of the electric vehicle company Nikola, was convicted of fraud. And Sam Bankman-Fried, the founder of the cryptocurrency exchange FTX, which collapsed in bankruptcy last week, is under multiple state and federal investigations.

    In court on Friday, Judge Davila asked if any victims of Ms. Holmes were present. A man in a blue suit stood up and introduced himself as Alex Shultz, the son of George Shultz, the former secretary of state who served on Theranos’s board and who died in 2021, and the father of Tyler Shultz, a Theranos employee who helped expose the fraud.

    His voice shaking, Alex Shultz described how Ms. Holmes had nearly “desecrated” his family after she suspected Tyler Shultz of speaking to the media about Theranos. She hired private investigators to stalk them, threatened legal ruin and “took advantage of my dad,” Alex Shultz said.

    Jeffrey Schenk, an assistant U.S. attorney and a lead prosecutor, criticized Ms. Holmes’s argument that Theranos’s failure was typical of a high-risk, ambitious Silicon Valley start-up. “It is a logical fallacy to suggest that start-ups fail, Theranos was a start-up, and, therefore, Theranos failed because it was a start-up,” he said. “That is not true.”

    Kevin Downey, a lawyer for Ms. Holmes, said in court that because she had never cashed out her Theranos stock, there was no evidence of greed, like yachts, planes, large mansions and parties.

    “We have a conviction for a crime where the defendant’s motive was to build technology,” he said.

    Asking for leniency, Ms. Holmes submitted more than 100 letters of support from figures including Stanford professors, venture capital investors and Senator Cory Booker, Democrat of New Jersey, which painted her as a virtuous person who was a victim of circumstances.

    “Much has been written in the media and addressed in the trial about the company and its failure,” Christian Holmes, her father, wrote in one letter. “Little has been said about the innovation Elizabeth strived for, sacrificed and accomplished in order to help the company continue.”

    Ms. Holmes will be assigned to a prison by the Federal Bureau of Prisons based on factors such as location, space, her lack of criminal history and the nonviolent nature of her crime. The minimum security prison nearest to Ms. Holmes’s residence in Woodside, Calif., is likely the Federal Correctional Institution in Dublin.

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    Theranos created a machine that it claimed could run more than 1,000 tests on a drop of blood. It struck partnerships with major grocery chains to build test centers in their stores. (Jim Wilson/The New York Times)

    Ms. Holmes’s dramatic rise and fall began more than a decade after she dropped out of Stanford University to create Theranos in 2003, a start-up that aimed to revolutionize health care with better diagnoses of illnesses. The company created a machine that it claimed could run more than 1,000 tests on a drop of blood and struck partnerships with major grocery chains to build test centers in their stores. Ms. Holmes also claimed the company’s technology was endorsed by pharmaceutical companies and used on battlefields in Afghanistan.

    None of those claims turned out to be true.

    Theranos’s deceptions were exposed by The Wall Street Journal in 2015, and a government inspection shut down the company’s lab soon after. Theranos dissolved in 2018, the year Ms. Holmes and her business partner, Ramesh Balwani, were indicted on fraud charges.

    In July, Mr. Balwani was found guilty of 12 counts of fraud in a separate trial. He is set to be sentenced on Dec. 7. Ms. Holmes, who argued to separate the cases, did not cooperate with prosecutors on his case.

    At her trial last year, Ms. Holmes testified for seven days, the only time she had spoken publicly about what had happened at Theranos since the company collapsed. She expressed regret for her harsh treatment of whistle-blowers and journalists who investigated the company, as well as for falsifying scientific research documents.

    She blamed others at Theranos for many of the company’s shortcomings and said her exaggerations were simply painting a picture of the future that investors wanted to hear. “They weren’t interested in today or tomorrow or next month. They were interested in what kind of change we could make,” she said.

    She also accused Mr. Balwani, whom she dated for more than a decade, and who is more than 20 years older than she is, of emotional and sexual abuse. Mr. Balwani has denied the accusations.

    Ultimately, a jury concluded that Ms. Holmes was guilty of defrauding three of its largest investors and of conspiring to do so. After the verdict, Ms. Holmes made numerous attempts to get a new trial. She was denied.

    Before he imposed his sentence, Judge Davila pondered Silicon Valley’s ethos and what had driven Ms. Holmes to commit fraud.

    “Was there a loss of moral compass here? Was it hubris? Was it intoxication with the fame that comes with being a young entrepreneur?” he asked. He drew a distinction between investors who take big risks backing ambitious founders and those who don’t know that they are being lied to.

    “The tragedy in this case,” he concluded, “is that Ms. Holmes is brilliant.”