Is Start up Culture under threat from fraudsters?
Elizabeth Holmes appeared to be your standard Silicon Valley entrepreneur.
Dropped out of Stanford while claiming to have a new breakthrough invention,
giving TED Talks, and wearing the iconic Steve Jobs style black turtleneck. As
one of the few young female entrepreneurs, Holmes drew attention from the press
by leveraging the mentorship and contacts of tech industry titans such as Larry
Ellison to secure funds from some of the biggest names in venture capital.
Elizabeth employed the typical start-up playbook of buzz, exclusivity, and fear
of missing out to entice investors. Theranos could garner so much money because
Holmes pitched to technology investors rather than blood testing experts.
Medical experts would have recognized the assertion that she was
claiming to use a drop of capillary blood taken from a finger prick for tests,
as a red flag. Such a system contaminates the blood with tissue and cells
unlike extraction from a vein, making measurements less accurate. Every test it
performs consumes blood, thus the claim that it can perform 200 tests on a
single drop of blood would have stretched even the most optimistic of
healthcare professional’s imagination.
Theranos had a very impressive board of directors with names such as Henry
Kissinger (Former U.S. Secretary of state) and George Shultz (Former U.S.
Secretary of Defense), but these board members had a background in government
rather than in technology, biology, or science. Earlier this year a jury found
Elizabeth Holmes guilty of conspiracy to defraud investors, and of three counts
of wire fraud. Holmes might face decades in prison, though a much more lenient
sentence is expected.
Following the Theranos fiasco, people expected changes to be made within
venture capital, this has not yet happened. The due diligence period has
decreased in recent years which raises concerns over the reliability of due
diligence. Many in Silicon Valley have condemned Holmes as a fraud, but not
everyone agrees. Tim Draper, a well-known venture capitalist who was an early
investment in Baidu, Skype, Tesla, and Bitcoin, and who was also an early
investor in Theranos, stated that the trial’s outcome made him “concerned that
the spirit of entrepreneurship in America is under risk”. However, it is
critical to foster a business culture in which entrepreneurs will take chances
and potentially fail. There is a significant distinction between a start-up
founder asserting their knowledge and capacity to provide a workable solution
and outright lying, claiming to hold working technology that is untested by
science.
Private companies have more leeway on pitching to potential investors.
High net worth investors and venture capitalists need to have adequate
knowledge and expertise to recognize the risks they are taking and to overcome
potential losses from business failures. The lack of tighter disclosure laws
for private firms exposes retail investors to greater risk. To shield the
investors, there are restrictions on participation of private enterprises.
SPACs, which operate around IPO disclosure regulations, and crypto assets,
which are unregulated, just 2 grey areas however, open to ordinary investors.
SPACs allow private companies to become public through a merger rather than
an IPO. This enables founders to pitch their financial projections and sell the
dream rather than depending on actual, certified financial information, as is a
requirement for a typical IPO. Retail investors that invest in SPACs wind up
accepting substantially bigger risks than usual. To avoid land mines in today’s
investment culture, retail investors should exercise caution, especially with
high-risk investments and should conduct due diligence in a personal capacity.
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