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Your argument is "it's not fraud because others do it"? Yes, going forward knowing full well that you have no intention of fulfilling your promises is fraud regardless of "whatabout those guys".

You have at least a dozen comments on this thread defending these practices and pointing fingers at the likes of Theranos as if that's a good justification. If someone needs Theranos to look good they must be pretty shady. Your line of argumentation sounds very biased.