![]() What does matter is that in order to express outrage at perceived excesses, we are misusing the purposes and sanctions of the criminal law. Frankly, the terminology doesn’t really matter. The fact that she misled or outright lied to her backers is clear, and the discussion about whether there is a difference between lying and puffery has been exhausted and isn’t getting us anywhere. The jury found that she did not intend to harm or mislead providers and recipients of care, but she was found guilty on four counts of wire fraud for lying to and deceiving some of the smartest and most sophisticated investors in the world. On Monday, Elizabeth Holmes was acquitted on charges that she misled doctors and patients as she raised money for her blood testing company, Theranos. ![]() Elizabeth Holmes walks into federal court in San Jose in December, weeks before she is convicted of wire fraud.
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