Government Charges Theranos With Fraud
The Securities and Exchange Commission has charged Silicon Valley-based Theranos, its founder and CEO Elizabeth Holmes, and former president Ramesh Balwani with raising more than $700 million from investors through an elaborate fraud in which they exaggerated or made false statements about the company’s blood test, business, and financial performance. Theranos and Holmes have agreed to resolve the charges against them. In addition to a penalty, Holmes has agreed to give up majority voting control over the company and a reduction in her equity.
The government contends that Theranos, Holmes, and Balwani made numerous false and misleading statements in investor presentations, product demonstrations, and media articles by which they deceived investors into believing that its key product – a portable blood analyzer – could conduct comprehensive blood tests from finger drops of blood. “In truth, according to the SEC’s complaint, Theranos’ proprietary analyzer could complete only a small number of tests, and the company conducted the vast majority of patient tests on modified and industry-standard commercial analyzers manufactured by others,” a government release says.
In 2016, FDA posted a one-page Form-483 from an inspection at the troubled blood diagnostic firm, citing it for performing clinical investigations prior to obtaining IRB approval. Presumably, the inspection document is related to the company’s decision to withdraw a Zika virus blood test it had submitted for agency approval (see story). “In my mind, this was a positive interaction with the FDA, and I'm grateful for its collaborative approach,” company vice president of regulatory, quality and clinical affairs Dave Wurtz said in a statement at the time. “We hope that our decision to withdraw the Zika submission voluntarily is further evidence of our commitment to engage positively with the agency.”