Tag: theranos

  • A forensic-accounting expert on one of the best ways to cope with the fraud epidemic

    Theranos is actually one among a protracted file of financial scandals which have made headlines in latest occasions. Also amongst these are the frauds at Wirecard, a German funds processor, and Abraaj, a Dubai-based private-equity company, quite a few crypto-heists, and a bonanza of misappropriation of presidency handouts to corporations via the covid-19 pandemic. So many frauds are there, and so giant are crucial, that pilfering a billion {{dollars}} would not guarantee a world headline. Chances are you haven’t heard of Outcome Health, a Chicago-based health-tech company whose former CEO and president had been simply currently convicted of defrauding purchasers, lenders and consumers of roughly that amount of money.

    Beneath the blockbuster frauds throughout the billions of {{dollars}} is an alarmingly prolonged tail of smaller financial scams. Taken collectively, these add as a lot as an unlimited world draw back. Research by Crowe, a financial-advisory company, and the University of Portsmouth, in England, implies that fraud costs corporations and folks the world over larger than $5trn yearly. That is kind of 60% of what the world spends yearly on effectively being care.

    The drivers of fraud are many and complex. Sometimes it is proper all the way down to pure greed. Sometimes it begins with a relatively innocuous try to paper over a small financial crack nonetheless spirals when that preliminary effort fails; some contemplate that’s the way in which it started with Bernie Madoff’s giant Ponzi scheme. Market pressure and a have to exceed analysts’ expectations may additionally play a component: after the worldwide financial catastrophe of 2007-09, GE was fined $50m for artificially smoothing its revenue to keep up consumers sweet. Accounting ruses like this, which fall in a grey area, are additional widespread than outright fraud. Among tech startups there’s even a longtime time interval for manipulating the numbers to buy you time to navigate the rocky avenue to financial respectability: “fake it till you make it.”

    Fraud is an all-weather pursuit. Economic booms help fraudsters conceal creative accounting, such as exaggerated revenues. Recessions expose some of this wrongdoing, but they also spawn fresh shenanigans. As funding dries up, some owners and managers cook the books to stay in business. When survival is at stake, the line between what is acceptable and unacceptable when disclosing information or booking sales can become blurred.

    World events can stoke fraud, too. At the height of the pandemic, an estimated $80bn of American taxpayer money handed out under the Paycheck Protection Programme, set up to assist struggling businesses, was stolen by fraudsters. The covid-induced increase in remote working has created new opportunities for miscreants. The 2022 KPMG Fraud Outlook concludes that the surge in working from home has reduced businesses’ ability to monitor employees’ behaviour. Geopolitics affects fraud, too. NATO countries experienced four times as many email-phishing attacks from Russia in 2022 as they did in 2020. Cybercrimes such as ransomware attacks have already transferred a staggering amount of wealth to illicit actors. The costs to businesses range from the theft of data, intellectual property and money to post-attack disruption, lost productivity and systems upgrades.

    It is panglossian to think fraud can be eliminated, but more can be done to reduce it. Corporate boards and investors need to ask more questions. Investors are often too quick to take comfort from the presence of big names on the list of owners and directors. Some were clearly wowed by Theranos’s star-studded board, whose members included two former US secretaries of state and the ex-boss of Wells Fargo, a big bank.

    Regulators need to be more sceptical, too. America’s Securities and Exchange Commission brushed aside a detailed and devastating analysis of Madoff’s business provided by a concerned fund manager, Harry Markopolos. Germany’s financial-markets regulator was similarly dismissive of the short-sellers and journalists who called out Wirecard.

    The most effective change would be to do more to encourage whistleblowers. Falsified financial statements must start with someone who notices fraudulent acts. When fraud happens, many people ask “Where were the auditors?”. But the question must be “Where had been the whistleblowers?”

    As important as sceptical investors, regulators and journalists can be, much fraud would be undetectable without someone on the inside willing to spill the beans. Research shows that more than 40% of frauds are discovered by a whistleblower. The Wirecard scandal came to light largely because of the bravery of Pav Gill, one of the company’s lawyers, who went to the press with his concerns. The Theranos fraud was brought to the attention of the authorities and the Wall Street Journal by whistleblowing employees (one of whom was the grandson of a former political bigwig on the board).

    Too often, companies seek to silence whistleblowers, or portray them as mad, bad or both: Wirecard, for instance, fought back ferociously against Mr Gill’s allegations and the journalists who investigated them. Organisations need to create safe spaces where employees can voice their concerns about wrongdoing. Internal reporting channels need to be robust, and employees educated on how to use them. Creating an environment where whistleblowers are celebrated, not vilified, is critical. Companies should worry more about anyone who can circumvent the controls, such as senior leaders or star employees, than about those inclined to raise concerns.

    Governments, too, could do more. Protections for whistleblowers have been recognised as part of international law since 2003 when the United Nations adopted the Convention Against Corruption, and this has since been ratified by 137 countries. In reality, legal protections are patchy. They are strongest in America, which offers bounties to whistleblowers who provide information that leads to fines or imprisonment. In much of Europe, and elsewhere, the law is still too soft on those who muzzle or retaliate against alarm-ringers.

    Fraud can be reduced. But first we must better understand who commits it, educate people on how to report it, and then ensure that policies protect those who choose to come forward. Until we do, financial crime will remain a multi-trillion-dollar scourge.

    Kelly Richmond Pope is the Barry Jay Epstein Endowed Professor of Forensic Accounting at DePaul University in Chicago, and the author of “Fool Me Once: Scams, Stories, and Secrets from the Trillion-Dollar Fraud Industry”.

    © 2023, The Economist Newspaper Limited. All rights reserved. From The Economist, revealed beneath licence. The distinctive content material materials could also be found on www.economist.com

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  • US jury convicts Theranos’ Sunny Balwani of fraud

    A US jury on Thursday convicted former Theranos Inc President Ramesh “Sunny” Balwani of defrauding buyers and sufferers in regards to the blood testing startup that was as soon as valued at $9 billion.

    The San Jose, California, jury deliberated for somewhat greater than 5 days earlier than convicting Balwani on two counts of conspiracy and 10 counts of fraud, a spokesperson for US Attorney Stephanie Hinds stated.

    Sentencing was scheduled for November 15.

    Theranos founder Elizabeth Holmes, who initially confronted the identical fees, was convicted on three counts of fraud and one rely of conspiracy at a separate trial in January. She is scheduled to be sentenced on September 26.

    They had been granted separate trials after Holmes stated she would testify that Balwani was abusive in the direction of her of their romantic relationship. Balwani denied the allegations.

    “We are gratified by the jury’s hard work and attentiveness to the evidence presented,” Hinds stated in a press release. “We appreciate the verdict and look forward to sentencing proceedings.”

    Balwani’s legal professional Jeffrey Coopersmith stated the protection was “obviously disappointed with the verdicts” and would contemplate all choices together with an enchantment.

    Balwani and Holmes had been charged in 2018 with mendacity to buyers in regards to the firm’s funds and its machines’ capability to run a broad vary of assessments from a couple of drops of blood. Prosecutors additionally charged the pair with duping sufferers in regards to the assessments’ accuracy.

    Theranos buyers had been drawn to Holmes, together with her deep, authoritative voice, black Steve Jobs-esque turtleneck and her promise to upend the laboratory testing business by creating transportable machines that would run a broad array of assessments.

    The firm touted work with drugmakers, pharmacies and the US army and obtained investments from media mogul Rupert Murdoch.

    Theranos collapsed after the Wall Street Journal printed a collection of articles, beginning in 2015, that advised its gadgets had been flawed and inaccurate.

    At trial, Holmes made the considerably uncommon determination to testify in her personal protection and denied mendacity to buyers. She has argued that the proof was inadequate to assist the decision.

  • Theranos’ Elizabeth Holmes to be sentenced in September for fraud conviction

    Theranos founder Elizabeth Holmes is slated to be sentenced on Sept 26 on her convictions for defrauding buyers within the blood-testing startup, based on a courtroom submitting on Wednesday.
    Holmes, 37, was convicted on Jan 3 on three counts of fraud and one depend of conspiring to defraud non-public buyers within the firm. She stays free on a $500,000 bond secured by properties.
    Holmes plans to ask the choose overseeing her case to overturn her convictions, based on courtroom filings. If he doesn’t, she is more likely to enchantment and will search to droop her sentence till a last ruling.

    The former entrepreneur grew to become a Silicon Valley superstar after claiming Theranos machines might run widespread blood exams on just a few drops from a finger prick. Once valued at $9 billion, Theranos collapsed after the Wall Street Journal printed a collection of articles, beginning in 2015, that recommended its units have been flawed and inaccurate.

    Holmes was indicted in 2018 on allegations of defrauding buyers and sufferers. Last week, a jury convicted her on 4 investor-related costs, acquitted her on 4 patient-related costs and deadlocked on three different counts.
    Holmes had agreed with prosecutors that her sentencing ought to happen in September, given “ongoing proceedings in a related matter.” The trial of former Theranos government Ramesh “Sunny” Balwani is scheduled to start on March 9.