The US Securities and Exchange Commission has charged Theranos and its founder and CEO, Elizabeth Holmes, with financial crimes.
The regulator says that the blood-testing company raised more than $700 million from investors by making false and exaggerated statements about its technology and performance.
Holmes and Theranos have not denied or admitted to the charges against them. Throughout the course of business, both engaged in a slew of deceitful actions, according to the government’s complaint. Many centered around two relationships Theranos developed with US chains, which are referred to as “Pharmacy A” and “Grocery A” in the document. (Theranos had previously entered into major partnerships with Walgreens Pharmacy and Safeway supermarkets.)
Claim
Theranos was only using their own equipment to perform blood testing.
Reality
It used third-party machines for the majority of its tests.
The government's complaint alleges that while Theranos was representing that its in-house machines were doing all of the blood testing undertaken by the company, it was actually using devices built by others for most tests. It says Holmes directed staff to place the Theranos testing machines in locations where blood testing was being done ahead of tours through those areas. It also notes that the company would provide copies of news articles that said the company did all of its testing on its own machines even though the company knew the articles were incorrect.
Claim
Certain pharmaceutical companies had endorsed Theranos's technology.
Reality
They had not.
Two reports on clinical studies, included in a binder given to investors, were written by Theranos employees, according to the complaint. The placement of pharmaceutical company logos on the documents led investors to believe they were written by the pharma companies.
Theranos machines are deployed on military helicopters and used on the battlefield.
Theranos was only part of a burn study.
Across three contracts with the US Department of Defense in a three-year period, Theranos was paid about $300,000. The complaint says the Theranos machine was never deployed in the battlefield or on medevac helicopters. The SEC says this information was important to potential investors because overstating the company's relationships with the US military gave Theranos the appearance of legitimacy.
Theranos was growing by utilizing the revenue from existing contracts.
It was growing by utilizing cash from investors.
The SEC says that in investor materials Holmes wrote “Theranos has grown from cash from its contracts for some time” and made similar statements in conversations with potential investors. The government says Theranos was primarily growing via outside capital investment.