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Theranos trial: Elizabeth Holmes’s fate will soon rest with jury – Aljazeera.com

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After three months and dozens of witnesses, Elizabeth Holmes’s fate is about to be decided by 12 jurors.

A defense lawyer was making his final closing argument Friday in the Theranos Inc. founder’s criminal fraud trial in San Jose, California. Prosecutors will have a chance to rebut, and then the jury can begin deliberations. Holmes is facing a maximum sentence of 20 years in prison if found guilty on any of 11 charges that she defrauded investors and patients in the blood-testing startup.

Holmes’s attorney Kevin Downey argued there’s a “fundamental disconnect” in the government’s claim that she intentionally deceived investors about what her startup’s blood-testing analyzers could do.

Throughout the three-month trial, prosecutors have portrayed Holmes as grossly exaggerating the capabilities and reliability of the machines she pitched to investors and business partners as revolutionary.

Downey told the jury that the government’s fixation on the shortcomings of early versions of the analyzers misses the point that Holmes was courting investors who were looking to hold onto shares for five or 10 years by telling them what she aspired to accomplish when the machines were fully developed.

“When Ms. Holmes entered conversations with investors, what was she thinking about? What type of investors did she want?” Downey said. “As you remember she testified that she was looking for people who were long-term investors.”

Closing arguments in the trial that began in early September are the last chance for both sides to sway jurors before they begin deliberating. The jury 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.

A federal prosecutor on Thursday used his closing argument to tell the jury that when Theranos was running out of money in 2013 and 2014, Holmes “made the decision to defraud her investors.”

“She chose to be dishonest with investors and patients,” Assistant U.S. Attorney Jeff Schenk said.

Downey sought to undercut that claim by emphasizing that investors were specifically told that there were risks in “entering a retail business that was brand new.”

He also showed the jury a graph showing that Theranos’s stock price rose from 92 cents in 2006 to $17 in 2014. He argued that investors weren’t concerned about the company’s technology. Instead, all they needed to know was that Walgreens had agreed to put the machines in its stores. It meant “a big national company” had evaluated the technology and decided to partner with Theranos, he said.

“It’s a statement that this technology company is going to be able to make its technology available,” Downey said.

The defense attorney then took on one of the government’s most damning claims at the trial: That Holmes lied by telling investors Theranos technology was adopted and used by the U.S. military. He took specific aim at tapes the government played at trial in which Holmes is describing the military’s adoption to an investor and, separately, to a journalist.

Downey noted that Theranos did indeed have multiple military contracts and told the jury, “her words track the contract language,” Downey said.

“They are being told, I think accurately, what the state of the business is,” Downey said. “This was not a fiction that Ms. Holmes was making up in her conversation” or an “exaggeration.”

Downey said the government didn’t call any witnesses from the Defense Department who could have accurately described the relationship with Theranos.

The lawyer cited the highest profile witness to testify, retired General James Mattis. When the former Secretary of Defense was asked whether he knew if the analyzer was a military success, he said wasn’t aware of it.

That’s because Mattis “recused himself from all activities with the Department of Defense,” Downey said, referring to Theranos’s business activities.

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:

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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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