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Quips like these are so easy to make, much easier than the job of the prosecutor who has to prove that this isn't just a bunch of incompetent "professional man

Quips like these are so easy to make, much easier than the job of the prosecutor who has to prove that this isn't just a bunch of incompetent "professional manager" types trying to run a business in a domain they don't have sufficient knowledge of. How do you prove that they set out to fake tests instead of just running an MVP (heavy on the M) until someone who knew how to actually run things bought them out for their customer bast? Best case you'll get lucky be able to find some statute that lets you skip the "prove motive" part.

UncleMeat 5y ago
Subpoenas, surely. The number of startups that are engaged in this sort of grift and also manage to keep all of their planning and communications about a plan like this completely out of discoverable communication seems like it must be small.
PeterisP 5y ago
You don't need to prove that they set out to mass fake tests. You take a single test report issued for any one of the cases where the samples were thrown out or their data faked. You look at the signature on that medical report (this is the key part at least where I live, but perhaps may not be the case in USA - you can't issue medical tests without a medic signing off on them, often that might be a laboratory head who's supervising the technicians and data entry people) who certifies the report's medical validity and that the process (medically proper process, not just the company procedures) was followed. And you charge that person, since they are personally responsible for this process and that single test was faked. The following investigation may reveal other complicit persons e.g. some managers, but you immediately have someone who is very likely to be personally liable (the exception would be if someone forged their signature, which is a separate felony). "I was just following orders" is not an excuse for signing off a fabricated medical report. Quoting the article, "The manager “told me that I should enter the data and send the dead samples to the lab for testing anyways,” the former employee wrote. “She said that I should change the collection date on the samples to a more recent date so that it appeared like the samples could still deliver an accurate result.”" - right there you have a testimony for prosecution. Many other acts described there would be consisted with "poor MVP" but they would result in company being unable to make the tests and thus lose money/customers. However, the point when the anyone decided to issue test reports anyway with faked data - that crosses the line to a crime.

UncleMeat 5y ago

Subpoenas, surely. The number of startups that are engaged in this sort of grift and also manage to keep all of their planning and communications about a plan like this completely out of discoverable communication seems like it must be small.

PeterisP 5y ago

You don't need to prove that they set out to mass fake tests. You take a single test report issued for any one of the cases where the samples were thrown out or their data faked. You look at the signature on that medical report (this is the key part at least where I live, but perhaps may not be the case in USA - you can't issue medical tests without a medic signing off on them, often that might be a laboratory head who's supervising the technicians and data entry people) who certifies the report's medical validity and that the process (medically proper process, not just the company procedures) was followed. And you charge that person, since they are personally responsible for this process and that single test was faked. The following investigation may reveal other complicit persons e.g. some managers, but you immediately have someone who is very likely to be personally liable (the exception would be if someone forged their signature, which is a separate felony). "I was just following orders" is not an excuse for signing off a fabricated medical report. Quoting the article, "The manager “told me that I should enter the data and send the dead samples to the lab for testing anyways,” the former employee wrote. “She said that I should change the collection date on the samples to a more recent date so that it appeared like the samples could still deliver an accurate result.”" - right there you have a testimony for prosecution. Many other acts described there would be consisted with "poor MVP" but they would result in company being unable to make the tests and thus lose money/customers. However, the point when the anyone decided to issue test reports anyway with faked data - that crosses the line to a crime.