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by ttobbaybbob 1283 days ago
10 years and $28,473,535 seems excessive (as noted by others elizabeth holmes only got 11 for what seems a far larger, more potentially-destructive fraud).

what's the logic behind this sentencing? or is there no logic and its some sort of regulatory capture and t-mobile et al want to make an example ?

2 comments

His sentencing is likely less for the fraud and more for the hacking.
Or the wire fraud. That's a federal charge and a felony. At $1M the range is going to be likely around 40-50 months, so $25M + (in this case) several aggravating factors like amount of loss, number of victims, defendant’s intentions and marketing techniques pushing that to 100+ months is not surprising.

https://www.ussc.gov/sites/default/files/pdf/guidelines-manu...

How about this thought. Guy comes out of prison in 10 years a nobody. Tells his skewed story how he played Robin Hood to T-Mobile’s Sheriff of Nottingham. Will probably officially live on welfare so he won’t have to pay back a dime of whatever he hid of the rest of the money.

Holmes comes out and everybody will remember her for putting thousands of life’s at risk. I’m naive when it comes to venture capitalist circles but I would like to think her life is ruined. Maybe the courts also take that into account?

And what part of the sentencing is the punishment of the actual criminal and what part is the signal you’re sending to society to not do likewise or else?

I think for every Holmes you could maybe have a few hundred Robin Hoods, I’m sorry I forget the guy’s real name. If I was a nation, I would be scared of both but maybe a little more of the latter in terms of network effects.

Maybe we need more judges here to explain stuff to us like we’re 5 year olds.