[rhino369]

Promising to do something you aren't entirely sure you can do or haven't done yet, isn't fraud unless you lie about having done it before or being ready to go tomorrow or something.

Arguably, it is not even fraud when Theranos took samples and used a different method of testing (as long as the testing was just as accurate).

Therano's fraud was then telling investors and potential partners/clients that it had been testing using their test, when they really weren't. That is a lie designed to get additional funding or contracts.

[verulito]

Actually, it turns out that they also fabricated data on their test (Herpes I think) and they ended up having to send out letters to tens of thousands of customers who got false positives. They must be pissed... think of all the damage those have caused.