Former Theranos Executive Sunny Balwani Sentenced to Nearly 13 Years in Prison
How Silicon Valley Fervor Explains Elizabeth Holmes' 11-Year Prison Sentence
'Hold More Men Accountable': Ellen Pao on What Silicon Valley Should Learn from Elizabeth Holmes's Conviction
Criminal Charges Filed Against Theranos' Elizabeth Holmes, Sunny Balwani
John Carreyrou’s 'Bad Blood: Secrets and Lies in a Silicon Valley Startup'
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"content": "\u003cp>A judge in San José on Wednesday sentenced former Theranos chief operating officer Ramesh “Sunny” Balwani to nearly 13 years in prison for his role in the company’s blood-testing hoax — a sentence slightly longer than that given to CEO Elizabeth Holmes, his lover and accomplice in one of Silicon Valley’s biggest scandals.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/article/ramesh-balwani-theranos-verdict-d9fb19f13a1c930a6ff091dff10a0b5d\">Balwani was convicted in July of fraud and conspiracy\u003c/a> connected to the company’s bogus medical technology that duped investors and endangered patients. 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The jury in Holmes’ trial also deadlocked on three charges.\u003c/p>\n\u003cp>Balwani, on the other hand, was convicted on all 12 felony counts, and received nearly two additional years, despite his lawyers seeking a far more lenient sentence of just four to 10 months in prison.\u003c/p>\n\u003cp>Federal prosecutors also want the judge to order Balwani to pay $804 million in restitution to defrauded investors — the same amount sought from Holmes. Davila deferred a decision on restitution to a later hearing, just as he did during Holmes' Nov. 18 sentencing, when she received 11 years and three months in prison.\u003c/p>\n\u003cp>In court documents, Balwani's lawyers painted him as a hardworking immigrant who moved from India to the U.S. during the 1980s to become the first member of his family to attend college. He graduated from the University of Texas in 1990 with a degree in information systems.\u003c/p>\n\u003cp>He later moved to Silicon Valley, where he first worked as a computer programmer for Microsoft before founding an online start-up that he sold for millions of dollars during the dot-com boom of the 1990s.\u003c/p>\n\u003cp>Balwani and Holmes met in 2003, around the same time she dropped out of Stanford University to start Theranos. 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"content": "\u003cp>Elizabeth Holmes’ \u003ca href=\"https://www.npr.org/2022/11/18/1137606060/elizabeth-holmes-sentenced-11-years-prison\">11-year prison \u003c/a>sentence would not have been possible without the zeal the moneyed class has for Silicon Valley startups.\u003c/p>\n\u003cp>When U.S. District Judge Edward Davila ordered prison time for the former CEO last week, one thing was pivotal: How much money\u003cstrong> \u003c/strong>investors had lost because of her crimes.\u003c/p>\n\u003cp>That’s because federal sentencing guidelines, what judges use to determine appropriate punishments for people convicted of crimes, give more weight to the amount of money lost than anything else in fraud cases.\u003c/p>\n\u003cp>And Theranos, like so many buzzy startups, was flush with investment cash. It raised some $945 million from the likes of media mogul Rupert Murdoch, Oracle founder Larry Ellison and former Secretary of Education Betsy DeVos.\u003c/p>\n\u003cp>Yet Holmes was sentenced for just a fraction of the nearly $1 billion of investment Theranos had raised.\u003c/p>\n\u003cp>Davila identified ten investors who were defrauded and came up with this number: $121 million, which the judge said was how much investors lost when offset by the amount Theranos stock would have been worth without Holmes’ deceit.[aside postID=science_1980842 hero='https://ww2.kqed.org/app/uploads/sites/35/2022/11/gettyimages-1442569803-607aa10932c5f5ac98fb17b7decccf1f9d953c9b-1020x765.jpg']To put it another way, Holmes received more than a decade in prison over just about 10% of what Theranos raised.\u003c/p>\n\u003cp>“The numbers in Silicon Valley are so out of whack with reality that these guideline sentences become enormous,” said Jeff Cohen, a former federal prosecutor who now teaches at Boston College Law School. “If she were running a widget factory by the same conduct, she would have received much less.”\u003c/p>\n\u003cp>While other Silicon Valley executives have been accused of wrongdoing, Holmes is the first CEO of a major tech firm to be criminally prosecuted and sentenced to prison.\u003c/p>\n\u003cp>That means she is the first in the industry to learn that raising hundreds of millions of dollars will not just send a startup’s valuation soaring, but if convicted of fraud in federal court, it could make serious prison time all but inevitable — potentially a warning to other imploded tech firms \u003ca href=\"https://www.npr.org/2022/11/15/1136641651/ftx-bankruptcy-sam-bankman-fried-ftt-crypto-cryptocurrency-binance\">now under scrutiny\u003c/a>, like Sam Bankman-Fried’s cryptocurrency exchange FTX.\u003c/p>\n\u003cp>Federal sentencing guidelines consider the amount of money drained the most significant factor in punishing fraudsters because it allows authorities to target organized drug rings and large-scale institutional fraud, according to former federal prosecutor Bill Portanova.\u003c/p>\n\u003cp>“For Silicon Valley, if at the end of the day, the music stops and there’s not enough chairs for everyone, the guidelines point to serious punishment,” said Portanova, who is now a defense lawyer in Sacramento, Calif.\u003c/p>\n\u003cp>Holmes’ punishment does come amid signs of a tech sector becoming less frothy. Both Big Tech companies and startups are \u003ca href=\"https://www.npr.org/2022/11/14/1136659617/tech-layoffs-amazon-meta-twitter\">laying off\u003c/a> staff, new $1 billion companies are\u003ca href=\"https://www.washingtonpost.com/technology/2022/10/26/end-of-tech-unicorn-start-ups/\"> becoming harder to spot\u003c/a> and venture capital firms are \u003ca href=\"https://news.crunchbase.com/business/sequoia-warning-founders/\">warning\u003c/a> of a tough road ahead. Has the tech bubble burst, or is it about to burst? That determination, experts say, is easier made in hindsight.\u003c/p>\n\u003cp>“Tech bubbles don’t pop in the way a bubble pops from chewing gum,” said David Kirsch, management professor at the University of Maryland who wrote a book about bubbles and crashes. “Investment bubbles tend to deflate slowly.”\u003c/p>\n\u003ch2>A long prison sentence for ‘a gross lie’\u003c/h2>\n\u003cp>Holmes made patients, pharmacies and savvy investors believe Theranos could revolutionize the way blood tests detect diseases when it could do no such thing.\u003c/p>\n\u003cp>Why did she do it? It’s a question even Davila mused over from the bench before announcing her punishment.\u003c/p>\n\u003cp>“What was it that caused Ms. Holmes, regrettably, to make those decisions that she did?” Davila said. “Was there a loss of moral compass here?” he said. “Was it hubris? What caused that? Was it intoxication with the fame that comes with being a young entrepreneur?”\u003c/p>\n\u003cp>Whatever drove her, as soon a jury convicted Holmes, she faced serious prison time.\u003c/p>\n\u003cp>The sentencing guidelines, after a multitude of factors are considered, spits out an offense level. Holmes’ level was 33 — 24 points of that was from the amount of money she defrauded.[pullquote align=\"right\" size=\"medium\" citation=\"Steven Davidoff Solomon, UC Berkeley School of Law\"]‘In Silicon Valley, there has historically been a ‘don’t follow the rules’ mentality, because that’s how you get ahead. Holmes may be the first, but I suspect there are going to be more.’[/pullquote]And Davila, it could be argued, could have imposed an even tougher punishment. Based on her offense level, Holmes’ sentencing range was between 11 and 14 years behind bars.\u003c/p>\n\u003cp>(For context: The U.S. Probation Office recommended 9 years; Prosecutors asked the judge that Holmes be imprisoned for 15 years. The maximum sentence under law was 20 years. Holmes’ legal team requested that she serve her sentence at home and avoid incarceration.)\u003c/p>\n\u003cp>Portanova said Holmes’ punishment involved gobs of money, but her actions — repeatedly professing her technology could do what it was incapable of doing — was egregious.\u003c/p>\n\u003cp>“She wasn’t just an ambitious salesperson who got out over her skis,” he said. “She did substantial time because it was a gross lie and she had ample opportunities to stop and she didn’t.”\u003c/p>\n\u003ch2>Will ‘fake it till you make it’ in Silicon Valley ever change?\u003c/h2>\n\u003cp>In their court filing to the judge ahead of the sentencing hearing, prosecutors argued that prison time for Holmes was necessary to “deter future startup fraud schemes” and to “rebuild the trust investors must have when funding innovation.”\u003c/p>\n\u003cp>But will Holmes’ incarceration have that effect?\u003c/p>\n\u003cp>Some say the Theranos case could be the start of federal prosecutors policing Silicon Valley more aggressively.\u003c/p>\n\u003cp>“In Silicon Valley, there has historically been a ‘don’t follow the rules’ mentality, because that’s how you get ahead,” said Steven Davidoff Solomon of the U.C. Berkeley School of Law. “Holmes may be the first, but I suspect there are going to be more.”\u003c/p>\n\u003cp>Yet hyping up a product and exaggerating are not crimes, but what is a crime is knowingly deceiving investors. Sometimes the dividing line is not so clear, experts said.\u003c/p>\n\u003cp>Cohen at Boston College of Law said the boundary between embellishment and criminal fraud does indeed remain fuzzy to most in the tech world, so chances are slim that Holmes’ sentence will reverberate in a way that would drastically alter the culture of the industry.\u003c/p>\n\u003cp>“‘Fake it till you make it’ culture in Silicon Valley involves a certain amount of puffery, and here the jury has spoken that there was more than that: there was fraud,” Cohen said.\u003c/p>\n\u003cp>“But I do think that it’s a really hard line to discern,” he added. “And I’m not hopeful that Silicon Valley will get the message.”\u003c/p>\n\u003cp>Kirsch, who studies tech entrepreneurs, was similarly skeptical about a major shakeup in the venture capital-backed tech startup world.\u003c/p>\n\u003cp>“The venture community is vulnerable to a shiny new story. They have been. They always will be,” he said. “We’re kidding ourselves if we think the recipe is going to change because Elizabeth Holmes goes to prison.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Elizabeth Holmes’ \u003ca href=\"https://www.npr.org/2022/11/18/1137606060/elizabeth-holmes-sentenced-11-years-prison\">11-year prison \u003c/a>sentence would not have been possible without the zeal the moneyed class has for Silicon Valley startups.\u003c/p>\n\u003cp>When U.S. District Judge Edward Davila ordered prison time for the former CEO last week, one thing was pivotal: How much money\u003cstrong> \u003c/strong>investors had lost because of her crimes.\u003c/p>\n\u003cp>That’s because federal sentencing guidelines, what judges use to determine appropriate punishments for people convicted of crimes, give more weight to the amount of money lost than anything else in fraud cases.\u003c/p>\n\u003cp>And Theranos, like so many buzzy startups, was flush with investment cash. It raised some $945 million from the likes of media mogul Rupert Murdoch, Oracle founder Larry Ellison and former Secretary of Education Betsy DeVos.\u003c/p>\n\u003cp>Yet Holmes was sentenced for just a fraction of the nearly $1 billion of investment Theranos had raised.\u003c/p>\n\u003cp>Davila identified ten investors who were defrauded and came up with this number: $121 million, which the judge said was how much investors lost when offset by the amount Theranos stock would have been worth without Holmes’ deceit.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>To put it another way, Holmes received more than a decade in prison over just about 10% of what Theranos raised.\u003c/p>\n\u003cp>“The numbers in Silicon Valley are so out of whack with reality that these guideline sentences become enormous,” said Jeff Cohen, a former federal prosecutor who now teaches at Boston College Law School. “If she were running a widget factory by the same conduct, she would have received much less.”\u003c/p>\n\u003cp>While other Silicon Valley executives have been accused of wrongdoing, Holmes is the first CEO of a major tech firm to be criminally prosecuted and sentenced to prison.\u003c/p>\n\u003cp>That means she is the first in the industry to learn that raising hundreds of millions of dollars will not just send a startup’s valuation soaring, but if convicted of fraud in federal court, it could make serious prison time all but inevitable — potentially a warning to other imploded tech firms \u003ca href=\"https://www.npr.org/2022/11/15/1136641651/ftx-bankruptcy-sam-bankman-fried-ftt-crypto-cryptocurrency-binance\">now under scrutiny\u003c/a>, like Sam Bankman-Fried’s cryptocurrency exchange FTX.\u003c/p>\n\u003cp>Federal sentencing guidelines consider the amount of money drained the most significant factor in punishing fraudsters because it allows authorities to target organized drug rings and large-scale institutional fraud, according to former federal prosecutor Bill Portanova.\u003c/p>\n\u003cp>“For Silicon Valley, if at the end of the day, the music stops and there’s not enough chairs for everyone, the guidelines point to serious punishment,” said Portanova, who is now a defense lawyer in Sacramento, Calif.\u003c/p>\n\u003cp>Holmes’ punishment does come amid signs of a tech sector becoming less frothy. Both Big Tech companies and startups are \u003ca href=\"https://www.npr.org/2022/11/14/1136659617/tech-layoffs-amazon-meta-twitter\">laying off\u003c/a> staff, new $1 billion companies are\u003ca href=\"https://www.washingtonpost.com/technology/2022/10/26/end-of-tech-unicorn-start-ups/\"> becoming harder to spot\u003c/a> and venture capital firms are \u003ca href=\"https://news.crunchbase.com/business/sequoia-warning-founders/\">warning\u003c/a> of a tough road ahead. Has the tech bubble burst, or is it about to burst? That determination, experts say, is easier made in hindsight.\u003c/p>\n\u003cp>“Tech bubbles don’t pop in the way a bubble pops from chewing gum,” said David Kirsch, management professor at the University of Maryland who wrote a book about bubbles and crashes. “Investment bubbles tend to deflate slowly.”\u003c/p>\n\u003ch2>A long prison sentence for ‘a gross lie’\u003c/h2>\n\u003cp>Holmes made patients, pharmacies and savvy investors believe Theranos could revolutionize the way blood tests detect diseases when it could do no such thing.\u003c/p>\n\u003cp>Why did she do it? It’s a question even Davila mused over from the bench before announcing her punishment.\u003c/p>\n\u003cp>“What was it that caused Ms. Holmes, regrettably, to make those decisions that she did?” Davila said. “Was there a loss of moral compass here?” he said. “Was it hubris? What caused that? Was it intoxication with the fame that comes with being a young entrepreneur?”\u003c/p>\n\u003cp>Whatever drove her, as soon a jury convicted Holmes, she faced serious prison time.\u003c/p>\n\u003cp>The sentencing guidelines, after a multitude of factors are considered, spits out an offense level. Holmes’ level was 33 — 24 points of that was from the amount of money she defrauded.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>And Davila, it could be argued, could have imposed an even tougher punishment. Based on her offense level, Holmes’ sentencing range was between 11 and 14 years behind bars.\u003c/p>\n\u003cp>(For context: The U.S. Probation Office recommended 9 years; Prosecutors asked the judge that Holmes be imprisoned for 15 years. The maximum sentence under law was 20 years. Holmes’ legal team requested that she serve her sentence at home and avoid incarceration.)\u003c/p>\n\u003cp>Portanova said Holmes’ punishment involved gobs of money, but her actions — repeatedly professing her technology could do what it was incapable of doing — was egregious.\u003c/p>\n\u003cp>“She wasn’t just an ambitious salesperson who got out over her skis,” he said. “She did substantial time because it was a gross lie and she had ample opportunities to stop and she didn’t.”\u003c/p>\n\u003ch2>Will ‘fake it till you make it’ in Silicon Valley ever change?\u003c/h2>\n\u003cp>In their court filing to the judge ahead of the sentencing hearing, prosecutors argued that prison time for Holmes was necessary to “deter future startup fraud schemes” and to “rebuild the trust investors must have when funding innovation.”\u003c/p>\n\u003cp>But will Holmes’ incarceration have that effect?\u003c/p>\n\u003cp>Some say the Theranos case could be the start of federal prosecutors policing Silicon Valley more aggressively.\u003c/p>\n\u003cp>“In Silicon Valley, there has historically been a ‘don’t follow the rules’ mentality, because that’s how you get ahead,” said Steven Davidoff Solomon of the U.C. Berkeley School of Law. “Holmes may be the first, but I suspect there are going to be more.”\u003c/p>\n\u003cp>Yet hyping up a product and exaggerating are not crimes, but what is a crime is knowingly deceiving investors. Sometimes the dividing line is not so clear, experts said.\u003c/p>\n\u003cp>Cohen at Boston College of Law said the boundary between embellishment and criminal fraud does indeed remain fuzzy to most in the tech world, so chances are slim that Holmes’ sentence will reverberate in a way that would drastically alter the culture of the industry.\u003c/p>\n\u003cp>“‘Fake it till you make it’ culture in Silicon Valley involves a certain amount of puffery, and here the jury has spoken that there was more than that: there was fraud,” Cohen said.\u003c/p>\n\u003cp>“But I do think that it’s a really hard line to discern,” he added. “And I’m not hopeful that Silicon Valley will get the message.”\u003c/p>\n\u003cp>Kirsch, who studies tech entrepreneurs, was similarly skeptical about a major shakeup in the venture capital-backed tech startup world.\u003c/p>\n\u003cp>“The venture community is vulnerable to a shiny new story. They have been. They always will be,” he said. “We’re kidding ourselves if we think the recipe is going to change because Elizabeth Holmes goes to prison.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Silicon Valley is full of charismatic, high-flying start-up founders like former Theranos CEO Elizabeth Holmes, but very few of them are women.\u003c/p>\n\u003cp>Shady dealings and even outright fraud also are not unknown in the tech industry, but high-profile prosecutions of executives — like the one that led to \u003ca href=\"https://www.kqed.org/science/1978159/former-theranos-ceo-elizabeth-holmes-is-found-guilty-on-4-counts-in-her-fraud-trial\">Holmes’s conviction on four counts of fraud this week\u003c/a> — are relatively rare.\u003c/p>\n\u003cp>Ellen Pao, a tech investor and former CEO of Reddit, who has fought sexism in the venture capital industry, now heads \u003ca href=\"https://projectinclude.org/\">Project Include\u003c/a>, a nonprofit focused on building lasting diversity and inclusion in the tech industry.\u003c/p>\n\u003cp>In September, Pao wrote a \u003ca href=\"https://www.nytimes.com/2021/09/15/opinion/elizabeth-holmes-trial-sexism.html\">New York Times opinion piece\u003c/a> questioning why Holmes in particular was being held accountable while many male executives in Silicon Valley tend to avoid accountability for the “questionable, unethical, even dangerous behavior [that] has run rampant in the male-dominated world of tech start-ups.” And some of the men who are made to answer for their actions often return to lucrative roles in the industry, she said.\u003c/p>\n\u003cp>KQED spoke with Pao this week about Holmes’s conviction, and whether she thinks it will affect the barriers of entry for women in the industry.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>This interview has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>What did you think of this week’s verdict? Were you surprised by it? \u003c/strong>\u003c/p>\n\u003cp>Well, I was expecting a conviction. I’m glad that there was a conviction. I think it’s important to hold CEOs accountable for their actions, and my main problem with this prosecution is that it’s been one of the few prosecutions, and I wish more CEOs were held accountable for their actions as well.\u003c/p>\n\u003cp>\u003cstrong>In your opinion piece, you say Holmes should be held accountable for her actions, but that it’s also sexist to not do the same for prominent male tech leaders. Are there particular examples that you were thinking of when you wrote that? \u003c/strong>\u003c/p>\n\u003cp>I think it’s both in the broader context where we see it’s harder for women to get funding. It’s harder for especially women of color, Black women, Latinx women to get funding. So in that context, you see that women are often treated differently than men. And then all of a sudden you see a woman CEO being prosecuted.\u003c/p>\n\u003cp>But yet we look at all of the harm that’s been caused by companies like Facebook — the genocide incited in Myanmar — the scandals at Uber, where there’s accusations of harassment, of price gouging, of actual sexual assaults. And neither Mark Zuckerberg nor Travis Kalanick have faced any significant legal consequences, much less any kind of attempts to hold them personally accountable. The consequences, I believe, have only been to Facebook and to Uber as companies, and not to them as individuals for their leadership roles in these problems.\u003c/p>\n\u003cp>I’ve gotten so much flak for calling out Juul, which has caused so much harm in creating this youth nicotine epidemic. And it’s been called out for marketing its products as safe for children, for convincing kids to market to other kids, according to some of the information that came out in a congressional investigation. And … [w]e haven’t seen Kevin Burns, that [former] CEO who’s no longer there, be held accountable in any way. I hope we see other agencies really looking at this Theranos conviction as the start of holding many companies and many of their CEOs accountable.[pullquote size=\"medium\" align=\"right\" citation=\"Ellen Pao, tech investor and former Reddit CEO\"]‘It doesn’t mean that [Holmes] shouldn’t be held accountable. I just think we need to hold more men accountable. But the reaction where people felt so threatened by this callout of sexism in the industry, it makes me feel that for some, it’s going to be an excuse to continue to avoid investing in women. They already don’t invest in women, so that’s not going to be a big change.’[/pullquote]\u003c/p>\n\u003cp>\u003cstrong>Did you feel the coverage of the trial itself was different because Holmes was a woman? \u003c/strong>\u003c/p>\n\u003cp>I could not believe the number of articles about her appearance, about what she was wearing, about her hair and how she should change and what was her voice going to sound like. There was so much attention paid to her appearance and her demeanor that you don’t see and, you know, you don’t hear about or read about in other accounts of trials.\u003c/p>\n\u003cp>\u003cstrong>Why are women CEOs and start-up founders relatively rare in Silicon Valley? \u003c/strong>\u003c/p>\n\u003cp>I think there is a systemic sexism in the valley that comes from its origins — it was started by a group of white men who came out of the semiconductor industry. They hired a bunch of their friends who were white men, and all of a sudden that became the model. And even when I was in venture capital, the person that I worked for said, ‘Oh, we’re looking for men who are young and who have dropped out of school,’ and they wanted those men to be the people that we looked for and invested in.\u003c/p>\n\u003cp>And all of a sudden, you have this self-fulfilling prophecy where the only people that you’re investing in are these white 26-year-old men, and then they, lo and behold, are the only ones who are successful because they’re the only ones who are given the opportunities. And then for those venture capitalists, they feel like, ‘Oh, look, my pattern-matching held true. I’m going to double down on this theory I have that only white men who are 26-year-olds are going to be successful, and it keeps turning out to be true because that’s the only type of person that I invest in.’\u003c/p>\n\u003cp>So there’s a lot of this fixed mindset around who can be successful and who looks like a leader and who acts like a leader. [aside label='Theranos Coverage' tag='theranos']\u003cstrong>Do you think the Holmes trial and the high-profile conviction will affect the barriers of entry for women in the industry? \u003c/strong>\u003c/p>\n\u003cp>It’s been interesting to read the feedback from the column that I wrote. So many men were so angry with me, saying things like, “No, look, what she did was completely wrong, and she did something that was totally different from what these other people are doing. She is a terrible evil person!” Because they just don’t want to address the fact that actually we are holding her to a different standard.\u003c/p>\n\u003cp>It doesn’t mean that she shouldn’t be held accountable. I just think we need to hold more men accountable. But the reaction where people felt so threatened by this callout of sexism in the industry, it makes me feel that for some, it’s going to be an excuse to continue to avoid investing in women. They already don’t invest in women, so that’s not going to be a big change. But it’s just going to be slower to change these folks because they’ve just found another excuse to hold on to the past.\u003c/p>\n\u003cp>\u003cstrong>What can the tech and investment industry do to improve the situation for women and give them more of a chance to found and lead companies? \u003c/strong>\u003c/p>\n\u003cp>I have been pushing so hard, and through Project Include as well, for people to \u003cem>measure\u003c/em> — measure the demographics of who you are investing in. Not just by how many companies have a founder who is a woman or a founder who is Black. Really look at the percentage of founders, and also look at the percentage of dollars going in, because there are many venture capital firms that will invest in [some of these] companies, but not very much money. And the big dollars — you know, the $100 million investments — are still going to white men.\u003c/p>\n\u003cp>So let’s look for the distribution of dollars and the demographics of the founders and the demographics of the CEOs and really look for: Where are you today? Where do you want to be? And how are you going to get there?\u003c/p>\n\u003cp>There’s too much of these vanity metrics where you’re looking at … numbers that look better optically but aren’t actually showing the level of the lack of funding [to] different groups. We should be really looking at the real numbers, for venture capital firms, but also for companies. And investors should be looking at those numbers, too, not just in venture capital firms, but the limited partners that invest in venture capital firms. I wish they would hold the firms that they’re putting their money into more accountable.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Silicon Valley is full of charismatic, high-flying start-up founders like former Theranos CEO Elizabeth Holmes, but very few of them are women.\u003c/p>\n\u003cp>Shady dealings and even outright fraud also are not unknown in the tech industry, but high-profile prosecutions of executives — like the one that led to \u003ca href=\"https://www.kqed.org/science/1978159/former-theranos-ceo-elizabeth-holmes-is-found-guilty-on-4-counts-in-her-fraud-trial\">Holmes’s conviction on four counts of fraud this week\u003c/a> — are relatively rare.\u003c/p>\n\u003cp>Ellen Pao, a tech investor and former CEO of Reddit, who has fought sexism in the venture capital industry, now heads \u003ca href=\"https://projectinclude.org/\">Project Include\u003c/a>, a nonprofit focused on building lasting diversity and inclusion in the tech industry.\u003c/p>\n\u003cp>In September, Pao wrote a \u003ca href=\"https://www.nytimes.com/2021/09/15/opinion/elizabeth-holmes-trial-sexism.html\">New York Times opinion piece\u003c/a> questioning why Holmes in particular was being held accountable while many male executives in Silicon Valley tend to avoid accountability for the “questionable, unethical, even dangerous behavior [that] has run rampant in the male-dominated world of tech start-ups.” And some of the men who are made to answer for their actions often return to lucrative roles in the industry, she said.\u003c/p>\n\u003cp>KQED spoke with Pao this week about Holmes’s conviction, and whether she thinks it will affect the barriers of entry for women in the industry.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This interview has been edited for length and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cstrong>What did you think of this week’s verdict? Were you surprised by it? \u003c/strong>\u003c/p>\n\u003cp>Well, I was expecting a conviction. I’m glad that there was a conviction. I think it’s important to hold CEOs accountable for their actions, and my main problem with this prosecution is that it’s been one of the few prosecutions, and I wish more CEOs were held accountable for their actions as well.\u003c/p>\n\u003cp>\u003cstrong>In your opinion piece, you say Holmes should be held accountable for her actions, but that it’s also sexist to not do the same for prominent male tech leaders. Are there particular examples that you were thinking of when you wrote that? \u003c/strong>\u003c/p>\n\u003cp>I think it’s both in the broader context where we see it’s harder for women to get funding. It’s harder for especially women of color, Black women, Latinx women to get funding. So in that context, you see that women are often treated differently than men. And then all of a sudden you see a woman CEO being prosecuted.\u003c/p>\n\u003cp>But yet we look at all of the harm that’s been caused by companies like Facebook — the genocide incited in Myanmar — the scandals at Uber, where there’s accusations of harassment, of price gouging, of actual sexual assaults. And neither Mark Zuckerberg nor Travis Kalanick have faced any significant legal consequences, much less any kind of attempts to hold them personally accountable. The consequences, I believe, have only been to Facebook and to Uber as companies, and not to them as individuals for their leadership roles in these problems.\u003c/p>\n\u003cp>I’ve gotten so much flak for calling out Juul, which has caused so much harm in creating this youth nicotine epidemic. And it’s been called out for marketing its products as safe for children, for convincing kids to market to other kids, according to some of the information that came out in a congressional investigation. And … [w]e haven’t seen Kevin Burns, that [former] CEO who’s no longer there, be held accountable in any way. I hope we see other agencies really looking at this Theranos conviction as the start of holding many companies and many of their CEOs accountable.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Did you feel the coverage of the trial itself was different because Holmes was a woman? \u003c/strong>\u003c/p>\n\u003cp>I could not believe the number of articles about her appearance, about what she was wearing, about her hair and how she should change and what was her voice going to sound like. There was so much attention paid to her appearance and her demeanor that you don’t see and, you know, you don’t hear about or read about in other accounts of trials.\u003c/p>\n\u003cp>\u003cstrong>Why are women CEOs and start-up founders relatively rare in Silicon Valley? \u003c/strong>\u003c/p>\n\u003cp>I think there is a systemic sexism in the valley that comes from its origins — it was started by a group of white men who came out of the semiconductor industry. They hired a bunch of their friends who were white men, and all of a sudden that became the model. And even when I was in venture capital, the person that I worked for said, ‘Oh, we’re looking for men who are young and who have dropped out of school,’ and they wanted those men to be the people that we looked for and invested in.\u003c/p>\n\u003cp>And all of a sudden, you have this self-fulfilling prophecy where the only people that you’re investing in are these white 26-year-old men, and then they, lo and behold, are the only ones who are successful because they’re the only ones who are given the opportunities. And then for those venture capitalists, they feel like, ‘Oh, look, my pattern-matching held true. I’m going to double down on this theory I have that only white men who are 26-year-olds are going to be successful, and it keeps turning out to be true because that’s the only type of person that I invest in.’\u003c/p>\n\u003cp>So there’s a lot of this fixed mindset around who can be successful and who looks like a leader and who acts like a leader. \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cstrong>Do you think the Holmes trial and the high-profile conviction will affect the barriers of entry for women in the industry? \u003c/strong>\u003c/p>\n\u003cp>It’s been interesting to read the feedback from the column that I wrote. So many men were so angry with me, saying things like, “No, look, what she did was completely wrong, and she did something that was totally different from what these other people are doing. She is a terrible evil person!” Because they just don’t want to address the fact that actually we are holding her to a different standard.\u003c/p>\n\u003cp>It doesn’t mean that she shouldn’t be held accountable. I just think we need to hold more men accountable. But the reaction where people felt so threatened by this callout of sexism in the industry, it makes me feel that for some, it’s going to be an excuse to continue to avoid investing in women. They already don’t invest in women, so that’s not going to be a big change. But it’s just going to be slower to change these folks because they’ve just found another excuse to hold on to the past.\u003c/p>\n\u003cp>\u003cstrong>What can the tech and investment industry do to improve the situation for women and give them more of a chance to found and lead companies? \u003c/strong>\u003c/p>\n\u003cp>I have been pushing so hard, and through Project Include as well, for people to \u003cem>measure\u003c/em> — measure the demographics of who you are investing in. Not just by how many companies have a founder who is a woman or a founder who is Black. Really look at the percentage of founders, and also look at the percentage of dollars going in, because there are many venture capital firms that will invest in [some of these] companies, but not very much money. And the big dollars — you know, the $100 million investments — are still going to white men.\u003c/p>\n\u003cp>So let’s look for the distribution of dollars and the demographics of the founders and the demographics of the CEOs and really look for: Where are you today? Where do you want to be? And how are you going to get there?\u003c/p>\n\u003cp>There’s too much of these vanity metrics where you’re looking at … numbers that look better optically but aren’t actually showing the level of the lack of funding [to] different groups. We should be really looking at the real numbers, for venture capital firms, but also for companies. And investors should be looking at those numbers, too, not just in venture capital firms, but the limited partners that invest in venture capital firms. I wish they would hold the firms that they’re putting their money into more accountable.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Criminal Charges Filed Against Theranos' Elizabeth Holmes, Sunny Balwani",
"title": "Criminal Charges Filed Against Theranos' Elizabeth Holmes, Sunny Balwani",
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"content": "\u003cp>The other shoe dropped for Elizabeth Holmes today -- the criminal one.\u003c/p>\n\u003cp>A federal grand jury has indicted Holmes on criminal charges of allegedly defrauding investors, doctors and patients as the head of the once-heralded Bay Area blood-testing startup Theranos.\u003c/p>\n\u003caside class=\"alignright\">\u003ca href=\"https://www.kqed.org/futureofyou/442098/book-excerpt-one-execs-tumultuous-last-day-at-theranos\" target=\"_blank\" rel=\"noopener\">Excerpt from John Carreyrou's 'Bad Blood': What Happened When Theranos Exec Confronted Elizabeth Holmes About Her Lack of Ethics\u003c/a>\u003c/aside>\n\u003cp>The U.S. Attorney's Office for the Northern District of California said late Friday that Holmes and her former chief operating officer, Ramesh \"Sunny\" Balwani, have been charged with two counts of conspiracy to commit wire fraud and nine counts of wire fraud. They face a maximum of 20 years in prison, the U.S. Attorney's Office said.\u003c/p>\n\u003cp>Both Holmes and Balwani surrendered to the FBI and were arraigned in U.S. District Court in San Jose, CNBC \u003ca href=\"https://www.cnbc.com/2018/06/15/theranos-chief-elizabeth-holmes-arrested-on-federal-criminal-charges-.html\" target=\"_blank\" rel=\"noopener\">reports. \u003c/a>They were released on $500,000 bond each and ordered to surrender their passports at the arraignment, which was attended by Holmes' parents, the network reported.\u003c/p>\n\u003cp>The action comes three months after the Securities and Exchange Commission entered into a settlement with Holmes and Theranos over charges that the company perpetrated a \"massive\" and \"years-long\" fraud by exaggerating or making false statements to investors about the company's technology and financial performance. Balwani, 53, did not settle in that case.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Holmes, 34, is a Stanford University dropout who was once billed as the next Steve Jobs.\u003c/p>\n\u003cp>She claimed that Theranos could perform dozens of blood tests from a few finger-sticks of blood, an advance that would have disrupted the diagnostics industry now dominated by a handful of giant companies. But an investigation by Wall Street Journal reporter John Carreyrou exposed Theranos' claims as untrue, and its testing results as inaccurate. The company was forced to invalidate hundreds of thousands of blood tests performed on patients, and it eventually exited the consumer blood-testing business after the Centers for Medicare & Medicaid Services found deficiencies at the company's laboratory that the agency deemed life-threatening.\u003c/p>\n\u003cp>Acting U.S. Attorney Alex G. Tse portrayed the indictments against Holmes and Balwani as a warning against Silicon Valley companies who use deceit in their business dealings.\u003c/p>\n\u003cp>“Investors large and small from around the world are attracted to Silicon Valley by its track record, its talent, and its promise,\" Tse said. \"They are also attracted by the fact that behind the innovation and entrepreneurship are rules of law that require honesty, fair play, and transparency. This office, along with our other law enforcement partners in the Bay Area, will vigorously investigate and prosecute those who do not play by the rules that make Silicon Valley work.\"\u003c/p>\n\u003cp>It's unclear how many people still work at Theranos, which has had to lay off the vast majority of its workers in the face of mounting scandals. But the company remained feisty as recently as three weeks ago, when it issued a \u003ca href=\"https://news.theranos.com/2018/05/23/company-statement-regarding-may-20-2018-60-minutes-story/\" target=\"_blank\" rel=\"noopener\">rebuttal\u003c/a> to a \"\u003ca href=\"https://www.cbsnews.com/video/the-theranos-elizabeth-holmes-deception/\" target=\"_blank\" rel=\"noopener\">60 Minutes\u003c/a>\" story timed to coincide with the release of Carreyrou's book, which depicted rampant unethical behavior by Holmes and Balwani. (\u003ca href=\"https://www.kqed.org/futureofyou/442098/book-excerpt-one-execs-tumultuous-last-day-at-theranos\" target=\"_blank\" rel=\"noopener\">Read the prologue here. It's a doozy\u003c/a>.)\u003c/p>\n\u003cp>Peter Henning, a former senior attorney in the enforcement division of the SEC, said Theranos' statement came close to breaking a stipulation in its agreement with the SEC that prohibits it from denying the agency's allegations.\u003c/p>\n\u003cp>\u003cstrong>Vindication for Carreyrou\u003c/strong>\u003c/p>\n\u003cp>One aspect of the Theranos story is how one reporter, aided by whistleblowers, took on a Silicon Valley darling whose founder was well on her way to becoming a tech icon.\u003c/p>\n\u003caside class=\"pullquote alignright\">'It’s vindicating. I put three-and a-half years of my life into covering this story.'\u003ccite>John Carreyrou, Wall Street Journal reporter who exposed Theranos as a fraud, on today's events\u003c/cite>\u003c/aside>\n\u003cp>After Carreyrou's first stories exposing Theranos, he became Public Enemy No. 1 at the company, as it fought back by depicting his reporting as riddled with inaccuracies. (That particular \u003ca href=\"https://news.theranos.com/2015/10/15/statement-from-theranos/\" target=\"_blank\" rel=\"noopener\">press release,\u003c/a> remarkably, is still available on the Theranos website.) Notoriously, at one point, employees who had gathered for a companywide meeting \u003ca href=\"https://www.vanityfair.com/news/2016/09/elizabeth-holmes-theranos-exclusive\" target=\"_blank\" rel=\"noopener\">chanted\u003c/a> \"F*** you, Carreyrou\" to voice their displeasure with him.\u003c/p>\n\u003cp>Carreyrou recently \u003ca href=\"https://www.kqed.org/forum/2010101865652/bad-blood-traces-theranos-fall-from-silicon-valley-grace\" target=\"_blank\" rel=\"noopener\">appeared\u003c/a> on KQED's Forum radio program, and I asked him today how he felt about the indictments of Holmes and Balwani.\u003c/p>\n\u003cp>\"It’s vindicating,\" he wrote in an email. \"I put three-and-a-half years of my life into covering this story.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this post.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The other shoe dropped for Elizabeth Holmes today -- the criminal one.\u003c/p>\n\u003cp>A federal grand jury has indicted Holmes on criminal charges of allegedly defrauding investors, doctors and patients as the head of the once-heralded Bay Area blood-testing startup Theranos.\u003c/p>\n\u003caside class=\"alignright\">\u003ca href=\"https://www.kqed.org/futureofyou/442098/book-excerpt-one-execs-tumultuous-last-day-at-theranos\" target=\"_blank\" rel=\"noopener\">Excerpt from John Carreyrou's 'Bad Blood': What Happened When Theranos Exec Confronted Elizabeth Holmes About Her Lack of Ethics\u003c/a>\u003c/aside>\n\u003cp>The U.S. Attorney's Office for the Northern District of California said late Friday that Holmes and her former chief operating officer, Ramesh \"Sunny\" Balwani, have been charged with two counts of conspiracy to commit wire fraud and nine counts of wire fraud. They face a maximum of 20 years in prison, the U.S. Attorney's Office said.\u003c/p>\n\u003cp>Both Holmes and Balwani surrendered to the FBI and were arraigned in U.S. District Court in San Jose, CNBC \u003ca href=\"https://www.cnbc.com/2018/06/15/theranos-chief-elizabeth-holmes-arrested-on-federal-criminal-charges-.html\" target=\"_blank\" rel=\"noopener\">reports. \u003c/a>They were released on $500,000 bond each and ordered to surrender their passports at the arraignment, which was attended by Holmes' parents, the network reported.\u003c/p>\n\u003cp>The action comes three months after the Securities and Exchange Commission entered into a settlement with Holmes and Theranos over charges that the company perpetrated a \"massive\" and \"years-long\" fraud by exaggerating or making false statements to investors about the company's technology and financial performance. Balwani, 53, did not settle in that case.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Holmes, 34, is a Stanford University dropout who was once billed as the next Steve Jobs.\u003c/p>\n\u003cp>She claimed that Theranos could perform dozens of blood tests from a few finger-sticks of blood, an advance that would have disrupted the diagnostics industry now dominated by a handful of giant companies. But an investigation by Wall Street Journal reporter John Carreyrou exposed Theranos' claims as untrue, and its testing results as inaccurate. The company was forced to invalidate hundreds of thousands of blood tests performed on patients, and it eventually exited the consumer blood-testing business after the Centers for Medicare & Medicaid Services found deficiencies at the company's laboratory that the agency deemed life-threatening.\u003c/p>\n\u003cp>Acting U.S. Attorney Alex G. Tse portrayed the indictments against Holmes and Balwani as a warning against Silicon Valley companies who use deceit in their business dealings.\u003c/p>\n\u003cp>“Investors large and small from around the world are attracted to Silicon Valley by its track record, its talent, and its promise,\" Tse said. \"They are also attracted by the fact that behind the innovation and entrepreneurship are rules of law that require honesty, fair play, and transparency. This office, along with our other law enforcement partners in the Bay Area, will vigorously investigate and prosecute those who do not play by the rules that make Silicon Valley work.\"\u003c/p>\n\u003cp>It's unclear how many people still work at Theranos, which has had to lay off the vast majority of its workers in the face of mounting scandals. But the company remained feisty as recently as three weeks ago, when it issued a \u003ca href=\"https://news.theranos.com/2018/05/23/company-statement-regarding-may-20-2018-60-minutes-story/\" target=\"_blank\" rel=\"noopener\">rebuttal\u003c/a> to a \"\u003ca href=\"https://www.cbsnews.com/video/the-theranos-elizabeth-holmes-deception/\" target=\"_blank\" rel=\"noopener\">60 Minutes\u003c/a>\" story timed to coincide with the release of Carreyrou's book, which depicted rampant unethical behavior by Holmes and Balwani. (\u003ca href=\"https://www.kqed.org/futureofyou/442098/book-excerpt-one-execs-tumultuous-last-day-at-theranos\" target=\"_blank\" rel=\"noopener\">Read the prologue here. It's a doozy\u003c/a>.)\u003c/p>\n\u003cp>Peter Henning, a former senior attorney in the enforcement division of the SEC, said Theranos' statement came close to breaking a stipulation in its agreement with the SEC that prohibits it from denying the agency's allegations.\u003c/p>\n\u003cp>\u003cstrong>Vindication for Carreyrou\u003c/strong>\u003c/p>\n\u003cp>One aspect of the Theranos story is how one reporter, aided by whistleblowers, took on a Silicon Valley darling whose founder was well on her way to becoming a tech icon.\u003c/p>\n\u003caside class=\"pullquote alignright\">'It’s vindicating. I put three-and a-half years of my life into covering this story.'\u003ccite>John Carreyrou, Wall Street Journal reporter who exposed Theranos as a fraud, on today's events\u003c/cite>\u003c/aside>\n\u003cp>After Carreyrou's first stories exposing Theranos, he became Public Enemy No. 1 at the company, as it fought back by depicting his reporting as riddled with inaccuracies. (That particular \u003ca href=\"https://news.theranos.com/2015/10/15/statement-from-theranos/\" target=\"_blank\" rel=\"noopener\">press release,\u003c/a> remarkably, is still available on the Theranos website.) Notoriously, at one point, employees who had gathered for a companywide meeting \u003ca href=\"https://www.vanityfair.com/news/2016/09/elizabeth-holmes-theranos-exclusive\" target=\"_blank\" rel=\"noopener\">chanted\u003c/a> \"F*** you, Carreyrou\" to voice their displeasure with him.\u003c/p>\n\u003cp>Carreyrou recently \u003ca href=\"https://www.kqed.org/forum/2010101865652/bad-blood-traces-theranos-fall-from-silicon-valley-grace\" target=\"_blank\" rel=\"noopener\">appeared\u003c/a> on KQED's Forum radio program, and I asked him today how he felt about the indictments of Holmes and Balwani.\u003c/p>\n\u003cp>\"It’s vindicating,\" he wrote in an email. \"I put three-and-a-half years of my life into covering this story.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>The Associated Press contributed to this post.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"mindshift": {
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"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"pri-the-world": {
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},
"radiolab": {
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"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
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}
