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Elizabeth Holmes chose fraud over Theranos, prosecutors say – Aljazeera.com

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Theranos founder Elizabeth Holmes chose to deceive investors and patients instead of just letting the startup ‘slowly fail’, prosecutors said in their closing arguments.

By Bloomberg

Elizabeth Holmes faces overwhelming evidence that she chose dishonesty and fraud to build up her blood-testing company Theranos Inc., a prosecutor told jurors at the close of her criminal trial.

Assistant U.S. Attorney Jeff Schenk argued Thursday that Holmes “had a choice to make” when Theranos was running out of money in 2013 and 2014 and she was begging a banker to clear a check to make payroll.

Instead of watching the startup “slowly fail,” she “made the decision to defraud her investors,” Schenk said. “She chose to be dishonest with investors and patients.”

Closing arguments in the trial that began in early September are the last chance for government and defense lawyers to sway the eight men and four women on the San Jose, California, jury before they begin deliberating. The jurors must decide whether the 37-year-old entrepreneur is guilty of fraud and conspiracy charges filed in 2018, the same year Theranos collapsed after previously reaching a valuation of $9 billion.

Lawyers for Holmes are set to make their closing arguments after the government finishes, either later Thursday or possibly Friday. She faces as long as 20 years in prison if convicted on charges that she deceived investors and patients about her company’s capabilities.

Schenk began his closing by reviewing for the jury the testimony presented over 10 weeks by more than two dozen government witnesses. That included highlights of the accounts provided by people like Erika Cheung, a former Theranos employee and whistle-blower who was also a source for former Wall Street Journal reporter John Carreyrou’s series of stories in 2015 that exposed the failings at Theranos that ultimately led to its downfall.

If Holmes had been honest about Theranos and its prospects, she wouldn’t have told investors that the company’s technology was endorsed by big pharmaceutical companies, or that its blood-testing devices were being used by the military, Schenk said.

‘Built on Fraud’

The foundation of the relationship between Theranos and Walgreens, which agreed to use the devices in its pharmacies, “was built on fraud,” Shenk said. She knew the relationship was “destined to fail because the technology can’t do what she says it can do,” Schenk said. It’s “really only a matter of time” until Walgreens realizes it’s been defrauded, he said.

Holmes testified in her defense for seven days, acknowledging she made errors and attempting to pin mismanagement of the startup’s finances and lab operations on her former boyfriend and Theranos President Ramesh “Sunny” Balwani, who she also accused of verbal and sexual abuse.

Balwani, who faces a separate trial on the same fraud charges in February, has pleaded not guilty and has denied the abuse allegations.

Holmes entered the courthouse as she has almost every day, holding hands with her mother. Inside, they embraced repeatedly. Holmes also hugged and got a pat on the back from her partner Billy Evans. The two had a baby boy in July.

The case is U.S. v. Holmes, 18-cr-00258, U.S. District Court, Northern District of California (San Jose).

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Japan’s SoftBank returns to profit after gains at Vision Fund and other investments

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TOKYO (AP) — Japanese technology group SoftBank swung back to profitability in the July-September quarter, boosted by positive results in its Vision Fund investments.

Tokyo-based SoftBank Group Corp. reported Tuesday a fiscal second quarter profit of nearly 1.18 trillion yen ($7.7 billion), compared with a 931 billion yen loss in the year-earlier period.

Quarterly sales edged up about 6% to nearly 1.77 trillion yen ($11.5 billion).

SoftBank credited income from royalties and licensing related to its holdings in Arm, a computer chip-designing company, whose business spans smartphones, data centers, networking equipment, automotive, consumer electronic devices, and AI applications.

The results were also helped by the absence of losses related to SoftBank’s investment in office-space sharing venture WeWork, which hit the previous fiscal year.

WeWork, which filed for Chapter 11 bankruptcy protection in 2023, emerged from Chapter 11 in June.

SoftBank has benefitted in recent months from rising share prices in some investment, such as U.S.-based e-commerce company Coupang, Chinese mobility provider DiDi Global and Bytedance, the Chinese developer of TikTok.

SoftBank’s financial results tend to swing wildly, partly because of its sprawling investment portfolio that includes search engine Yahoo, Chinese retailer Alibaba, and artificial intelligence company Nvidia.

SoftBank makes investments in a variety of companies that it groups together in a series of Vision Funds.

The company’s founder, Masayoshi Son, is a pioneer in technology investment in Japan. SoftBank Group does not give earnings forecasts.

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Yuri Kageyama is on X:

The Canadian Press. All rights reserved.

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Trump campaign promises unlikely to harm entrepreneurship: Shopify CFO

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Shopify Inc. executives brushed off concerns that incoming U.S. President Donald Trump will be a major detriment to many of the company’s merchants.

“There’s nothing in what we’ve heard from Trump, nor would there have been anything from (Democratic candidate) Kamala (Harris), which we think impacts the overall state of new business formation and entrepreneurship,” Shopify’s chief financial officer Jeff Hoffmeister told analysts on a call Tuesday.

“We still feel really good about all the merchants out there, all the entrepreneurs that want to start new businesses and that’s obviously not going to change with the administration.”

Hoffmeister’s comments come a week after Trump, a Republican businessman, trounced Harris in an election that will soon return him to the Oval Office.

On the campaign trail, he threatened to impose tariffs of 60 per cent on imports from China and roughly 10 per cent to 20 per cent on goods from all other countries.

If the president-elect makes good on the promise, many worry the cost of operating will soar for companies, including customers of Shopify, which sells e-commerce software to small businesses but also brands as big as Kylie Cosmetics and Victoria’s Secret.

These merchants may feel they have no choice but to pass on the increases to customers, perhaps sparking more inflation.

If Trump’s tariffs do come to fruition, Shopify’s president Harley Finkelstein pointed out China is “not a huge area” for Shopify.

However, “we can’t anticipate what every presidential administration is going to do,” he cautioned.

He likened the uncertainty facing the business community to the COVID-19 pandemic where Shopify had to help companies migrate online.

“Our job is no matter what comes the way of our merchants, we provide them with tools and service and support for them to navigate it really well,” he said.

Finkelstein was questioned about the forthcoming U.S. leadership change on a call meant to delve into Shopify’s latest earnings, which sent shares soaring 27 per cent to $158.63 shortly after Tuesday’s market open.

The Ottawa-based company, which keeps its books in U.S. dollars, reported US$828 million in net income for its third quarter, up from US$718 million in the same quarter last year, as its revenue rose 26 per cent.

Revenue for the period ended Sept. 30 totalled US$2.16 billion, up from US$1.71 billion a year earlier.

Subscription solutions revenue reached US$610 million, up from US$486 million in the same quarter last year.

Merchant solutions revenue amounted to US$1.55 billion, up from US$1.23 billion.

Shopify’s net income excluding the impact of equity investments totalled US$344 million for the quarter, up from US$173 million in the same quarter last year.

Daniel Chan, a TD Cowen analyst, said the results show Shopify has a leadership position in the e-commerce world and “a continued ability to gain market share.”

In its outlook for its fourth quarter of 2024, the company said it expects revenue to grow at a mid-to-high-twenties percentage rate on a year-over-year basis.

“Q4 guidance suggests Shopify will finish the year strong, with better-than-expected revenue growth and operating margin,” Chan pointed out in a note to investors.

This report by The Canadian Press was first published Nov. 12, 2024.

Companies in this story: (TSX:SHOP)

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RioCan cuts nearly 10 per cent staff in efficiency push as condo market slows

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TORONTO – RioCan Real Estate Investment Trust says it has cut almost 10 per cent of its staff as it deals with a slowdown in the condo market and overall pushes for greater efficiency.

The company says the cuts, which amount to around 60 employees based on its last annual filing, will mean about $9 million in restructuring charges and should translate to about $8 million in annualized cash savings.

The job cuts come as RioCan and others scale back condo development plans as the market softens, but chief executive Jonathan Gitlin says the reductions were from a companywide efficiency effort.

RioCan says it doesn’t plan to start any new construction of mixed-use properties this year and well into 2025 as it adjusts to the shifting market demand.

The company reported a net income of $96.9 million in the third quarter, up from a loss of $73.5 million last year, as it saw a $159 million boost from a favourable change in the fair value of investment properties.

RioCan reported what it says is a record-breaking 97.8 per cent occupancy rate in the quarter including retail committed occupancy of 98.6 per cent.

This report by The Canadian Press was first published Nov. 12, 2024.

Companies in this story: (TSX:REI.UN)

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