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Elizabeth Holmes, Theranos Founder, Sentenced to 11.25 Years in Prison

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Elizabeth Holmes, founder and CEO of the collapsed Silicon Valley blood testing company, Theranos, has been sentenced to 11.25 years in prison plus three years supervised release for financial crimes she committed while running the once-high flying venture, YahooFinance reported. Holmes was also fined a $400 special assessment. Holmes must surrender to custody on April 27, 2023. Holmes is expected to appeal. The judge presiding over Holmes’ trial and sentencing said the landmark case, one of the most closely watched in Silicon Valley history, should be a cautionary tale for startup founders who are willing to overhype the capabilities of their products. “I suppose we step back and ask what is the pathology of fraud? Is it the refusal to accept responsibility or express contrition in any way?" Judge Edward Davila said. "Perhaps that is the cautionary tale that will go forward from this case." Before the sentencing, Judge Davila said that under the U.S. Sentencing Guideline considerations, the court found that Holmes should serve between 11.25 years and 14 years in prison. The court's calculation as to the "reasonable total loss" sustained by identified victims of the fraud to total $121.1 million.

With Student Loan Forgiveness in Legal Limbo, Scammers Pounce

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A federal judge struck down President Biden’s student loan forgiveness plan on Nov. 10. The ruling is being challenged, but that hasn’t stopped scammers eager to capitalize on borrowers’ confusion and frustration, the Wall Street Journal reported. Scams targeting Americans impatient for debt forgiveness surged in the first 10 months of 2022, according to the Federal Trade Commission. The agency received 76,000 complaints of scams related to student loans through the end of October, compared with 46,243 for all of 2021. Scammers sprinkle details from the latest headlines to add urgency and authenticity, with some claiming they can fast-track applications and payments, federal officials said. “Scammers follow the news. So a seasoned scammer will weave in language from actual loan benefits and loan programs along with things that are purely fraudulent,” said Michelle Grajales, a staff lawyer for the Federal Trade Commission. “They might promise to get you $60,000 of loan forgiveness next month.”

Elizabeth Holmes Seeks to Avoid Prison for Theranos Fraud

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Elizabeth Holmes urged a U.S. judge not to send her to prison, as the founder of Theranos Inc. prepares to be sentenced next week for defrauding investors in the blood testing startup, Reuters reported. In a Thursday night court filing, lawyers for Holmes asked that she receive 18 months of home confinement, followed by community service, at her Nov. 18 sentencing before U.S. District Judge Edward Davila in San Jose, California. The lawyers said prison time was unnecessary to deter future wrongdoing, calling Holmes, 38, a "singular human with much to give" and not the robotic, emotionless "caricature" seen by the public and media. "No defendant should be made a martyr to public passion," the lawyers wrote. "We ask that the court consider, as it must, the real person, the real company and the complex circumstances surrounding the offense."Prosecutors are expected to file their sentencing recommendation soon. A jury convicted Holmes in January on four counts of wire fraud and conspiracy. Each count carries a maximum 20-year prison term. Any sentence would likely be served concurrently.

Bank Ordered to Pay $563 Million to Victims of Petters Fraud

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A federal jury has awarded a record $564 million in damages to victims of a massive Ponzi scheme by Minnesota businessman Tom Petters, the Associated Press reported. The verdict handed down against BMO Harris Bank is believed to be the largest financial penalty handed out by a jury in a Minnesota courtroom. It’s also the largest single verdict or settlement connected to the multi-billion-dollar Petters fraud. BMO said that it will appeal the verdict and penalty. Petters was sentenced to 50 years in prison in 2010 for defrauding investors out of $1.9 billion. Receiver Doug Kelley and his team has spent more than a decade searching for and liquidating Petters’ assets to compensate as many victims and creditors as possible. Petters executed the scheme using accounts at M&I Bank, which was acquired in 2011 by BMO Harris Bank. The jury found that BMO aided and abetted in the scheme. Kelley said BMO failed to file a suspicious activity report with the federal government and believed the bank could have stopped the scheme if it had taken such action. Kelley has brought more than 300 lawsuits in the case. More than $737 million has been recovered and returned to victims and creditors so far.
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San Antonio Bankruptcy Judge Denies Chris Pettit’s Bid to Get Out of Jail on Contempt of Court Charge

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Christopher “Chris” Pettit will remain in jail after a bankruptcy court judge ruled that the disgraced former lawyer had not done enough to clear himself of a contempt of court charge, San Antonio Express-News reported. Pettit, who is accused of stealing millions of dollars entrusted to him by his one-time clients, has been locked up for about two months at the Karnes County Detention Facility for failing to comply with court orders. Telling Pettit he holds the keys to his jail cell, Chief Bankruptcy Judge <b>Craig Gargotta</b> set 17 conditions that the ex-attorney must satisfy to be released. First is that Pettit turn over a business laptop to the trustee administering the bankruptcy estate. Pettit has given conflicting accounts regarding its whereabouts. “It would really move things along if Mr. Pettit would come clean about what happened with regard to the laptop, good or bad, so we could move on in this case,” Chief Judge Gargotta said. The laptop purportedly contains information the trustee wants regarding Pettit’s clients and their funds. The judge was not convinced that Pettit has been forthcoming about the laptop’s location. Counsel for the trustee previously reported that Pettit failed to disclose his ownership of two Mercedes-Benz automobiles. On Wednesday, it was revealed he also failed to report ownership of a mobile home that has been used by the family of a woman taking care of Pettit’s minor son. Pettit filed for bankruptcy protection for himself and his law firm June 1 after allegations surfaced that he had absconded with money belonging to his clients. He surrendered his law license in lieu of discipline and shuttered his law practice. The FBI has been investigating the allegations. Roughly $260 million in claims have been submitted by creditors in the bankruptcy cases. (Subscription required.)

Boy Scouts Insurers Say $2.46 Bln Settlement Inflated by Bogus Claims

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More than a dozen insurers have filed appeals challenging the Boy Scouts of America's $2.46 billion sex abuse settlement, arguing that bogus abuse claims helped rig the deal against them, Reuters reported. The insurers, including Liberty Mutual, asked a Delaware federal judge to reverse a bankruptcy court's approval of the settlement, reiterating doubts about the number of abuse claims and alleged collusion between the youth organization and attorneys for abuse victims. The settlement, approved in September by Bankruptcy Judge Laurie Selber Silverstein, has the support of the Boy Scouts’ largest insurers and 86% of the abuse victims who voted in the youth organization's bankruptcy case. But it has been challenged by appeals from minority factions of insurers and abuse victims. Those insurers argued that "a significant portion" of the 82,000 abuse claims resolved by the settlement "are likely fraudulent." The number of sexual abuse claims filed against the organization skyrocketed after the bankruptcy filing, and little was done to vet claims, the insurers said. They blamed the rise in claims on plaintiffs' lawyers "who saw the bankruptcy as an opportunity for a windfall," and enlisted potential clients en masse, sometimes without contacting the claimants.

Ex-MoviePass CEOs Charged With Scheming to Defraud Investors

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Two former MoviePass Inc. executives were charged with securities and wire fraud for allegedly scheming to defraud investors of the parent of the bankrupt company, Bloomberg News reported. Theodore Farnsworth, 60, of Miami, and J. Mitchell Lowe, 70, of Miami Beach, are accused of making false representations relating to Helios & Matheson Analytics Inc., which bought MoviePass in 2017 and ran it until it collapsed into bankruptcy in 2020. Farnsworth is the former chief executive officer of Helios & Matheson, while Lowe was MoviePass’s CEO from 2016 to 2020. Prosecutors allege the two men told investors that MoviePass’s plan to allow subscribers to see unlimited movies in theaters for $9.95 had been tested, was sustainable and would be profitable — while knowing it was simply a “temporary marketing gimmick” to gain new customers, artificially inflate the stock price and attract investors. They are also accused of falsely claiming that the company had technology that allowed it to generate revenue by analyzing and monetizing the data it collected from subscribers, and made misleading statements “about the positive impact that multiple revenue streams (other than subscription fees) were having on MoviePass’s profitability and self-sufficiency.”

Michigan Real Estate Investor Charged in $1.1M Bankruptcy Fraud Scheme

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A Michigan real estate investor has been charged in federal court with multiple counts of bankruptcy fraud totaling more than $1.1. million, MLive.com reported. Sean Phillip Tissue is accused of multiple counts of concealment of assets, false oaths, false declarations and withholding recorded information as part of the scheme. Tissue is the owner of numerous companies, including Greystone Home Builders, Sycamore Homes, Sycamore Construction, Lenovo Homes, and Metro Detroit Home Solutions. He was previously charged in August in a wire fraud scheme in which he allegedly defrauded Israeli investors of more than $600,000 in fraudulent real estate investments. “This defendant used a number of apparently legitimate companies, sophisticated methods, and lies to defraud potential real estate investors, many from outside the United States. He then declared a fraudulent bankruptcy in an effort to avoid re-paying his victims.” said United States Attorney Dawn N. Ison in a statement. “Today’s charges demonstrate our commitment to ensure the integrity of our bankruptcy system.” Tissue faces maximum penalties of five years in prison, a $250,000 fine, and up to 3 years supervised release. A federal district court judge will determine the sentence.