fraud

alzheimer’s-scientist-indicted-for-allegedly-falsifying-data-in-$16m-scheme

Alzheimer’s scientist indicted for allegedly falsifying data in $16M scheme

Funding Scheme —

The work underpinned an Alzheimer’s drug by Cassava, now in a Phase III trial.

Alzheimer’s scientist indicted for allegedly falsifying data in $16M scheme

A federal grand jury has indicted an embattled Alzheimer’s researcher for allegedly falsifying data to fraudulently obtain $16 million in federal research funding from the National Institutes of Health for the development of a controversial Alzheimer’s drug and diagnostic test.

Hoau-Yan Wang, 67, a medical professor at the City University of New York, was a paid collaborator with the Austin, Texas-based pharmaceutical company Cassava Sciences. Wang’s research and publications provided scientific underpinnings for Cassava’s Alzheimer’s treatment, Simufilam, which is now in Phase III trials.

Simufilam is a small-molecule drug that Cassava claims can restore the structure and function of a scaffolding protein in the brain of people with Alzheimer’s, leading to slowed cognitive decline. But outside researchers have long expressed doubts and concerns about the research.

In 2023, Science magazine obtained a 50-page report from an internal investigation at CUNY that looked into 31 misconduct allegations made against Wang in 2021. According to the report, the investigating committee “found evidence highly suggestive of deliberate scientific misconduct by Wang for 14 of the 31 allegations,” the report states. The allegations largely centered around doctored and fabricated images from Western blotting, an analytical technique used to separate and detect proteins. However, the committee couldn’t conclusively prove the images were falsified “due to the failure of Dr. Wang to provide underlying, original data or research records and the low quality of the published images that had to be examined in their place.”

In all, the investigation “revealed long-standing and egregious misconduct in data management and record keeping by Dr. Wang,” and concluded that “the integrity of Dr. Wang’s work remains highly questionable.” The committee also concluded that Cassava’s lead scientist on its Alzheimer’s disease program, Lindsay Burns, who was a frequent co-author with Wang, also likely bears some responsibility for the misconduct.

In March 2022, five of Wang’s articles published in the journal PLOS One were retracted over integrity concerns with images in the papers. Other papers by Wang have also been retracted or had statements of concern attached to them. Further, in September 2022, the Food and Drug Administration conducted an inspection of the analytical work and techniques used by Wang to analyze blood and cerebrospinal fluid from patients in a simufilam trial. The investigation found a slew of egregious problems, which were laid out in a “damning” report obtained by Science.

In the indictment last week, federal authorities were explicit about the allegations, claiming that Wang falsified the results of his scientific research to NIH “by, among other things, manipulating data and images of Western blots to artificially add bands [which represent proteins], subtract bands, and change their relative thickness and/or darkness, and then drawing conclusions” based on those false results.

Wang is charged with one count of major fraud against the United States, two counts of wire fraud, and one count of false statements. If convicted, he faces a maximum penalty of 10 years in prison for the major fraud charge, 20 years in prison for each count of wire fraud, and five years in prison for the count of false statements, the Department of Justice said in an announcement.

In a statement posted to its website, Cassava acknowledged Wang’s indictment, calling him a “former” scientific adviser. The company also said that the grants central to the indictment were “related to the early development phases of the Company’s drug candidate and diagnostic test and how these were intended to work.” However, Cassava said that Wang “had no involvement in the Company’s Phase 3 clinical trials of simufilam.”

Those ongoing trials, which some have called to be halted, are estimated to include over 1,800 patients across several countries.

Alzheimer’s scientist indicted for allegedly falsifying data in $16M scheme Read More »

huge-telehealth-fraud-indictment-may-wreak-havoc-for-adderall-users,-cdc-warns

Huge telehealth fraud indictment may wreak havoc for Adderall users, CDC warns

Tragic —

The consequences are dangerous, possibly even deadly, for patients across the US.

Ten milligram tablets of the hyperactivity drug, Adderall, made by Shire Plc, is shown in a Cambridge, Massachusetts pharmacy Thursday, January 19, 2006.

Enlarge / Ten milligram tablets of the hyperactivity drug, Adderall, made by Shire Plc, is shown in a Cambridge, Massachusetts pharmacy Thursday, January 19, 2006.

The Centers for Disease Control and Prevention on Thursday warned that a federal indictment of an allegedly fraudulent telehealth company may lead to a massive, nationwide disruption in access to ADHD medications—namely Adderall, but also other stimulants—and could possibly increase the risk of injuries and overdoses.

“A disruption involving this large telehealth company could impact as many as 30,000 to 50,000 patients ages 18 years and older across all 50 US states,” the CDC wrote in its health alert.

The CDC warning came on the heels of an announcement from the Justice Department Thursday that federal agents had arrested two people in connection with an alleged scheme to illegally distribute Adderall and other stimulants through a subscription-based online telehealth company called Done Global.  The company’s CEO and founder, Ruthia He, was arrested in Los Angeles, and its clinical president, David Brody, was arrested in San Rafael, California.

“As alleged, these defendants exploited the COVID-19 pandemic to develop and carry out a $100 million scheme to defraud taxpayers and provide easy access to Adderall and other stimulants for no legitimate medical purpose,” Attorney General Merrick Garland said in a statement. “Those seeking to profit from addiction by illegally distributing controlled substances over the Internet should know that they cannot hide their crimes and that the Justice Department will hold them accountable.”

Deadly consequences

According to the Justice Department, Done Global generated $100 million in revenue by arranging for the prescription of over 40 million pills of Adderall and other stimulants, which are addictive medications used to treat ADHD (attention-deficit/hyperactivity disorder). Done Global allegedly eased access to the drugs by limiting the information available to prescribers, instructing prescribers to prescribe Adderall and other stimulants even if the patient didn’t qualify, and mandating that the prescribing appointments last no longer than 30 minutes. The company also discouraged prescriber follow-up appointments and added an “auto-refill” feature.

Prosecutors further allege that He and Brody continued with their scheme after becoming aware that patients had overdosed and died.

The CDC cautioned that the disruption from lost access to Done Global prescriptions comes amid a long-standing, nationwide shortage of Adderall and other stimulant medications. For patients with ADHD, the disruption could be harmful. “Untreated ADHD is associated with adverse outcomes, including social and emotional impairment, increased risk of drug or alcohol use disorder, unintentional injuries, such as motor vehicle crashes, and suicide,” the CDC warns. Further, a loss of access could drive some to seek illicit sources of the drugs, which could turn deadly.

“Patients whose care or access to prescription stimulant medications is disrupted, and who seek medication outside of the regulated healthcare system, might significantly increase their risk of overdose due to the prevalence of counterfeit pills in the illegal drug market that could contain unexpected substances, including fentanyl,” the CDC said. Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine.

The Drug Enforcement Administration recently reported that seven out of every 10 pills seized from the illegal drug market contain a potentially lethal dose of illegally made fentanyl, the CDC noted.

This post was updated to clarify that the DEA’s data indicated that 70 percent of illicit pills seized contained “potentially” lethal doses, which was not included in the CDC’s warning.

Huge telehealth fraud indictment may wreak havoc for Adderall users, CDC warns Read More »

“overwhelming-evidence”-shows-craig-wright-did-not-create-bitcoin,-judge-says

“Overwhelming evidence” shows Craig Wright did not create bitcoin, judge says

Debate closed —

Jack Dorsey posted a “W,” as judge halts Wright’s suits against developers.

Dr. Craig Wright arrives at the Rolls Building, part of the Royal Courts of Justice, on February 06, 2024, in London, England.

Enlarge / Dr. Craig Wright arrives at the Rolls Building, part of the Royal Courts of Justice, on February 06, 2024, in London, England.

“Overwhelming evidence” shows that Australian computer scientist Craig Wright is not bitcoin creator Satoshi Nakamoto, a UK judge declared Thursday.

In what Wired described as a “surprise ruling” at the closing of Wright’s six-week trial, Justice James Mellor abruptly ended years of speculation by saying:

“Dr. Wright is not the author of the Bitcoin white paper. Dr. Wright is not the person that operated under the pseudonym Satoshi Nakamoto. Dr. Wright is not the person that created the Bitcoin system. Nor is Dr. Wright the author of the Bitcoin software.”

Wright was not in the courtroom for this explosive moment, Wired reported.

In 2016, Wright had claimed that he did not have the “courage” to prove that he was the creator of bitcoin, shortly after claiming that he had “extraordinary proof.” As debate swirled around his claims, Wright began filing lawsuits, alleging that many had violated his intellectual property rights.

A nonprofit called the Crypto Open Patent Alliance (COPA) sued to stop Wright from filing any more lawsuits that it alleged were based on fabricated evidence, Wired reported. They submitted hundreds of alleged instances of forgery or tampering, Wired reported, asking the UK High Court for a permanent injunction to block Wright from ever making the claim again.

As a result of Mellor’s ruling, CoinDesk reported that Wright’s lawsuits against Coinbase and Twitter founder Jack Dorsey’s Block would be halted. COPA’s lawyer, Jonathan Hough, told CoinDesk that Wright’s conduct should be considered “deadly serious.”

“On the basis of his dishonest claim to be Satoshi, he has pursued claims he puts at hundreds of billions of dollars, including against numerous private individuals,” Hough said.

On Thursday, Dorsey posted a “W” on X (formerly Twitter), marking the win and quoting Mellor’s statements clearly rejecting Wright’s claims as false. COPA similarly celebrated the victory.

“This decision is a win for developers, for the entire open source community, and for the truth,” a COPA spokesperson told CoinDesk. “For over eight years, Dr. Wright and his financial backers have lied about his identity as Satoshi Nakamoto and used that lie to bully and intimidate developers in the bitcoin community. That ends today with the court’s ruling that Craig Wright is not Satoshi Nakamoto.”

Wright’s counsel, Lord Anthony Grabiner, had argued that Mellor granting an injunction would infringe Wright’s freedom of speech. Grabiner noted that “such a prohibition is unprecedented in the UK and would prevent Wright from even casually going to the park and declaring he’s Satoshi without incurring fines or going to prison,” CoinDesk reported.

COPA thinks the injunction is necessary, though.

“We are seeking to enjoin Dr. Wright from ever claiming to be Satoshi Nakamoto again and in doing so avoid further litigation terror campaigns,” COPA’s spokesperson told Wired.

And that’s not all that COPA wants. COPA has also petitioned for Wright’s alleged forgeries—some of which Reuters reported were allegedly produced using ChatGPT—to be review by UK criminal courts, where he could face fines and/or prison time. Hough alleged at trial that Wright “has committed fraud upon the court,” Wired reported, asking Britain’s Crown Prosecution Service to consider prosecuting Wright for “perjury and perverting the course of justice,” CoinDesk reported.

Wright’s counsel argued that COPA would need more evidence to back such a claim, CoinDesk reported.

Mellor won’t issue his final judgment for a month or more, Wired reported, so it’s not clear yet if Wright will be enjoined from claiming he is bitcoin’s creator. The judgement will “be ready when it’s ready and not before,” Mellor said.

“Overwhelming evidence” shows Craig Wright did not create bitcoin, judge says Read More »

mugger-take-your-phone?-cash-apps-too-easily-let-thieves-drain-accounts,-da-says

Mugger take your phone? Cash apps too easily let thieves drain accounts, DA says

Mugger take your phone? Cash apps too easily let thieves drain accounts, DA says

Popular apps like Venmo, Zelle, and Cash App aren’t doing enough to protect consumers from fraud that occurs when unauthorized users gain access to unlocked devices, Manhattan District Attorney Alvin Bragg warned.

“Thousands or even tens of thousands can be drained from financial accounts in a matter of seconds with just a few taps,” Bragg said in letters to app makers. “Without additional protections, customers’ financial and physical safety is being put at risk.”

According to Bragg, his office and the New York Police Department have been increasingly prosecuting crimes where phones are commandeered by bad actors to quickly steal large amounts of money through financial apps.

This can happen to unwitting victims when fraudsters ask “to use an individual’s smartphone for personal use” or to transfer funds to initiate a donation for a specific cause. Or “in the most disturbing cases,” Bragg said, “offenders have violently assaulted or drugged victims, and either compelled them to provide a password for a device or used biometric ID to open the victim’s phone before transferring money once the individual is incapacitated.”

But prosecuting crimes alone won’t solve this problem, Bragg suggested. Prevention is necessary. That’s why the DA is requesting meetings with executives managing widely used financial apps to discuss “commonsense” security measures that Bragg said can be taken to “combat this growing concern.”

Bragg appears particularly interested in Apple’s recently developed “Stolen Device Protection,” which he said is “making it harder for perpetrators to use a phone’s passcode to steal funds when the user’s phone is not at home or at work.”

Apple just rolled out “Stolen Device Protection” for iOS 17.3. On its website, Apple explained that when “Stolen Device Protection” is enabled, “some features and actions have additional security requirements when your iPhone is away from familiar locations such as home or work.”

For users taking advantage of this enhanced security layer, biometric or FaceID would be required to access devices, with no option to bypass with a passcode. This alone could help deter crimes that Bragg described, potentially stopping thieves from rifling through someone’s passwords to get instant access to a cash app. “Stolen Device Protection” also sets up a security delay that could stop thieves from immediately changing the account password and locking an owner out of their device. To change a password in this more secure mode, thieves would need to wait one hour—perhaps giving time for the owner to report that the phone is stolen or missing—and then must provide a biometric or FaceID.

Bragg wants financial apps like Zelle or Venmo to follow Apple’s lead and build similar safeguards. He suggested that Apple’s release makes it clear that the technology exists where apps could detect when a user is attempting to send a large transaction from an unknown location and perhaps block or delay sending that transaction for up to a day without secondary verification. This could afford victims more time to discover and cancel fraudulent transfers before they go through, instead of after the theft, when it’s usually harder to claw back funds.

This problem goes well beyond Manhattan, Bragg wrote, pointing to “similar thefts and robberies” that have been “publicly reported” in major cities like Los Angeles and Orlando, as well as in West Virginia, Louisiana, Illinois, Kansas, Tennessee, Virginia, and “elsewhere across the United States.”

Overall, the DA traced a pattern showing that the more people were using financial apps, the more fraud claims spiked, “tripling between 2020 and 2022” and “costing consumers hundreds of millions of dollars each year.”

“While cash apps, like Cash App, offer consumers an easy and fast method to transfer funds, they also have made these platforms a favorite of fraudsters because consumers have no option to cancel transactions, even moments after authorizing them,” Bragg wrote to Cash App CEO Brian Grassadonia. “I am concerned about the troubling rise in illegal behavior that has developed because of insufficient security measures connected with your software and business policy decisions.”

While building tech like Apple’s “Stolen Device Protection” seems to be the most extreme step that Bragg recommended, he also pushed “commonsense solutions” that he claimed that financial apps currently overlook. These include steps like requiring multifactor authentication to help keep thieves locked out and lowering limits on daily transfers to make the scam less appealing to thieves looking for a big payday.

Mugger take your phone? Cash apps too easily let thieves drain accounts, DA says Read More »

top-harvard-cancer-researchers-accused-of-scientific-fraud;-37-studies-affected

Top Harvard Cancer researchers accused of scientific fraud; 37 studies affected

Lazy —

Researchers accused of manipulating data images with copy-and-paste.

The Dana-Farber Cancer Institute in Boston.

Enlarge / The Dana-Farber Cancer Institute in Boston.

The Dana-Farber Cancer Institute, an affiliate of Harvard Medical School, is seeking to retract six scientific studies and correct 31 others that were published by the institute’s top researchers, including its CEO. The researchers are accused of manipulating data images with simple methods, primarily with copy-and-paste in image editing software, such as Adobe Photoshop.

The accusations come from data sleuth Sholto David and colleagues on PubPeer, an online forum for researchers to discuss publications that has frequently served to spot dubious research and potential fraud. On January 2, David posted on his research integrity blog, For Better Science, a long list of potential data manipulation from DFCI researchers. The post highlighted many data figures that appear to contain pixel-for-pixel duplications. The allegedly manipulated images are of data such as Western blots, which are used to detect and visualize the presence of proteins in a complex mixture.

DFCI Research Integrity Officer Barrett Rollins told The Harvard Crimson that David had contacted DFCI with allegations of data manipulation in 57 DFCI-led studies. Rollins said that the institute is “committed to a culture of accountability and integrity,” and that “Every inquiry about research integrity is examined fully.”

The allegations are against: DFCI President and CEO Laurie Glimcher, Executive Vice President and COO William Hahn, Senior Vice President for Experimental Medicine Irene Ghobrial, and Harvard Medical School professor Kenneth Anderson.

The Wall Street Journal noted that Rollins, the integrity officer, is also a co-author on two of the studies. He told the outlet he is recused from decisions involving those studies.

Amid the institute’s internal review, Rollins said the institute identified 38 studies in which DFCI researchers are primarily responsible for potential manipulation. The institute is seeking retraction of six studies and is contacting scientific publishers to correct 31 others, totaling 37 studies. The one remaining study of the 38 is still being reviewed.

Of the remaining 19 studies identified by David, three were cleared of manipulation allegations, and 16 were determined to have had the data in question collected at labs outside of DFCI. Those studies are still under investigation, Rollins told The Harvard Crimson. “Where possible, the heads of all of the other laboratories have been contacted and we will work with them to see that they correct the literature as warranted,” Rollins wrote in a statement.

Despite finding false data and manipulated images, Rollins pressed that it doesn’t necessarily mean that scientific misconduct occurred and the institute has not yet made such a determination. The “presence of image discrepancies in a paper is not evidence of an author’s intent to deceive,” Rollins wrote. “That conclusion can only be drawn after a careful, fact-based examination which is an integral part of our response. Our experience is that errors are often unintentional and do not rise to the level of misconduct.”

The very simple methods used to manipulate the DFCI data are remarkably common among falsified scientific studies, however. Data sleuths have gotten better and better at spotting such lazy manipulations, including copied-and-pasted duplicates that are sometimes rotated and adjusted for size, brightness, and contrast. As Ars recently reported, all journals from the publisher Science now use an AI-powered tool to spot just this kind of image recycling because it is so common.

Top Harvard Cancer researchers accused of scientific fraud; 37 studies affected Read More »

elizabeth-holmes-barred-from-federal-health-programs-for-90-years

Elizabeth Holmes barred from federal health programs for 90 years

Excluded —

The former Theranos CEO is barred from receiving payments from federal health program.

Theranos CEO and founder Elizabeth Holmes.

Theranos CEO and founder Elizabeth Holmes.

Elizabeth Holmes—the disgraced and incarcerated founder of the infamous blood-testing startup Theranos—is barred from participating in federal health programs for nine decades, according to an announcement from the health department Friday.

The exclusion means that Holmes is barred from receiving payments from federal health programs for services or products, which significantly restricts her ability to work in the health care sector. It also prevents her from participating in Medicare, Medicaid, and other federal health care programs. With a 90-year term, the exclusion is lifelong for Holmes, who is currently 39.

The exclusion was announced by Inspector General Christi Grimm of the Department of Health and Human Services’ Office of Inspector General.

Holmes is serving an 11-year, three-month sentence for defrauding investors of her blood-testing startup, Theranos, which she founded in 2003. At the time, Holmes claimed to have developed proprietary technology that could perform hundreds of medical tests using just a small drop of blood from a finger prick. The remarkable claim helped her drive the company’s valuation to a stunning $9 billion in 2014, and set up lucrative partnerships. But, in reality, the technology never worked. The company collapsed in 2018, and she was convicted of fraud in 2022.

In today’s announcement, the health department noted that the statutory minimum on exclusions for convictions like Holmes’ is just five years. But other factors are considered when determining the term, including how long the fraud took place, the length of the prison sentence, and the amount of restitution ordered. In addition to her 11-year prison sentence, Holmes was ordered to pay approximately $452,047,200 in restitution, the HHS-OIG noted.

“Accurate and dependable diagnostic testing technology is imperative to our public health infrastructure. False statements related to the reliability of these medical products can endanger the health of patients and sow distrust in our health care system,” Grimm said. “As technology evolves, so do our efforts to safeguard the health and safety of patients, and HHS-OIG will continue to use its exclusion authority to protect the public from bad actors.”

HHS-OIG also excluded former Theranos President Ramesh Balwani from federal health programs for 90 years. Balwani was also convicted of fraud and is serving a nearly 13-year sentence.

Elizabeth Holmes barred from federal health programs for 90 years Read More »

from-cz-to-sbf,-2023-was-the-year-of-the-fallen-crypto-bro

From CZ to SBF, 2023 was the year of the fallen crypto bro

From CZ to SBF, 2023 was the year of the fallen crypto bro

Aurich Lawson | Getty Images (Bloomberg/Antonio Masiello)

Looking back, 2023 will likely be remembered as the year of the fallen crypto bro.

While celebrities like Kim Kardashian and Matt Damon last year faced public backlash after shilling for cryptocurrency, this year’s top headlines traced the downfalls of two of the most successful and influential crypto bros of all time: FTX co-founder Sam Bankman-Fried (often referred to as SBF) and Binance founder Changpeng Zhao (commonly known as CZ).

At 28 years old, Bankman-Fried made Forbes’ 30 Under 30 list in 2021, but within two short years, his recently updated Forbes profile notes that the man who was once “one of the richest people in crypto” in “a stunning fall from grace” now has a real-time net worth of $0.

In November, Bankman-Fried was convicted by a 12-member jury of defrauding FTX customers, after a monthlong trial where federal prosecutors accused him of building FTX into “a pyramid of deceit.” The trial followed months of wild headlines—comparing Bankman-Fried to a cartoon villain, accusing Bankman-Fried of stealing $2.2 billion from FTX customers to buy things like a $16.4 million house for his parents, and revealing that Bankman-Fried casually joked about losing track of $50 million.

Defending against his crimes at FTX, Bankman-Fried argued that “dishonesty and unfair dealing” aren’t fraud and even claimed that he couldn’t recall what he did at FTX, while FTX scrambled to recover $7.3 billion and put out the “dumpster fire.”

Ultimately, Bankman-Fried’s former FTX/Alameda Research partners, including his ex-girlfriend Caroline Ellison, testified against him. Ellison’s testimony led to even weirder revelations about SBF, like Bankman-Fried’s aspirations to become US president and his professed rejection of moral ideals like “don’t steal.” By the end of the trial, it seemed like very few felt any sympathy for the once-FTX kingpin.

Bankman-Fried now faces a maximum sentence of 110 years. His exact sentence is scheduled to be determined by a US district judge in March 2024, Reuters reported.

While FTX had been considered a giant force in the cryptocurrency world, Binance is still the world’s biggest cryptocurrency exchange—and considered more “systemically important” to crypto enthusiasts, Bloomberg reported. That’s why it was a huge deal when Binance was rocked by its own scandal in 2023 that ended in its founder and CEO, Zhao, admitting to money laundering and resigning.

Arguably Zhao’s fall from grace may have been more shocking to cryptocurrency fans than Bankman-Fried’s. Just one month prior to Zhao’s resignation, after FTX collapsed, The Economist had dubbed CZ as “crypto’s last man standing.”

Zhao launched Binance in 2017 and the next year was featured on the cover of Forbes’ first list of the wealthiest people in crypto. Peering out from under a hoodie, Zhao was considered by Forbes to be a “crypto overlord,” going from “zero to billionaire in six months,” where other crypto bros had only managed to become millionaires.

But 2023 put an abrupt end to Zhao’s reign at Binance. In March, the Commodity Futures Trading Commission (CFTC) sued Binance and Zhao over suspected money laundering and sanctions violations, triggering a Securities and Exchange Commission lawsuit in June and a Department of Justice (DOJ) probe. In the end, Binance owed billions in fines to the DOJ and the CFTC, which Secretary of the Treasury Janet Yellen called “historic penalties.” For personally directing Binance employees to skirt US regulatory compliance—and hide more than 100,000 suspicious transactions linked to terrorism, child sexual abuse materials, and ransomware attacks—Zhao now personally owes the CFTC $150 million.

On the social media platform X (formerly Twitter), Zhao wrote that after stepping down as Binance’s CEO, he will be taking a break and likely never helming a startup ever again.

“I am content being [a] one-shot (lucky) entrepreneur,” Zhao wrote.

From CZ to SBF, 2023 was the year of the fallen crypto bro Read More »

disgraced-nikola-founder-trevor-milton-gets-4-year-sentence-for-lying-about-evs

Disgraced Nikola founder Trevor Milton gets 4-year sentence for lying about EVs

Web of lies —

Prosecutors had asked for a heavier sentence to deter future fraud.

Trevor Milton, founder of Nikola Corp., arrives at court in New York on Monday, Dec. 18, 2023. Milton is set to be sentenced on Monday after being found guilty of securities fraud and wire fraud in October 2022.

Enlarge / Trevor Milton, founder of Nikola Corp., arrives at court in New York on Monday, Dec. 18, 2023. Milton is set to be sentenced on Monday after being found guilty of securities fraud and wire fraud in October 2022.

The disgraced founder and former CEO of the “zero emissions” truck company Nikola, Trevor Milton, was sentenced to four years in prison on Monday, Bloomberg reported.

That’s a lighter sentence than prosecutors had requested after a jury found Milton guilty of one count of securities fraud and two counts of wire fraud in 2022. During the trial, Milton was accused of lying about “nearly all aspects of the business,” CNBC reported.

From 2016 to 2020, Milton’s “extravagant claims” were fueled by a desire to pump up the value of Nikola stock, The New York Times reported. He was accused of misleading investors about everything from fake prototypes of emission-free long-haul trucks to billions worth of supposedly binding orders for hydrogen fuel cells and batteries that were never shipped. In a sentencing memo, prosecutors said that Milton targeted “less sophisticated investors,” the Times reported, engaging “in a sustained scheme to take advantage of” their inexperience.

Nikola’s stock peaked in 2020, but then dozens of fraud allegations were reported by the investment firm Hindenburg Research, causing Nikola stock to plummet promptly. “We have never seen this level of deception at a public company, especially of this size,” Hindenburg Research’s report said. Facing backlash, Milton resigned, voluntarily withdrawing from his company and selling off $100 million in Nikola stock to fund more than $85 million in luxury purchases, the Times reported. Today, Milton remains Nikola’s second-largest shareholder, Bloomberg reported.

By 2021, Nikola had admitted to the US Securities and Exchange Commission that nine statements made by Milton were “inaccurate.”

The price of these lies to investors was more than $660 million, prosecutors claimed.

Through it all, Milton has denied the charges, requesting to be sentenced to only probation while holding back tears, Bloomberg reported. At his sentencing hearing, he said that his “misstatements” came from a place of “deeply held optimism,” and he did not intend to cause any harm, Yahoo reported.

“I was not a very seasoned CEO,” Milton reportedly said.

Prosecutors sought heavier consequences, asking the judge to order Milton to pay a $5 million fine and sentence Milton to 11 years in prison.

Milton is likely to appeal, Bloomberg reported.

Nikola’s spokesperson provided Ars with a statement on the sentencing.

“Nikola has a strong foundation and is in the process of achieving our mission to decarbonize the trucking industry, which is our focus,” Nikola’s statement said. “We have made significant progress year-over-year and will continue with the same level of discipline and commitment in 2024. We are pleased to move forward and remind the public that the company founder has not had any active role in Nikola since September 2020.”

Nikola’s shaky road to recovery

Current Nikola CEO Steve Girsky has recently said that Nikola will recover by attracting “world-class people to execute on our business plan” and working toward “establishing ourselves as the leader in zero-emissions commercial transportation,” Forbes reported.

Girsky seems keen to move past the scandal by promoting Nikola’s latest successes. In September, Girsky boasted that daily tests showed that one of Nikola’s fuel cell trucks could successfully run for 900 miles.

“This was quite an accomplishment, and I defy anyone to find another zero-emission vehicle truck anywhere that can run up to 900 miles in a day,” Girsky said.

However, since the 2020 scandal, Nikola’s stock has dropped 99 percent, Forbes reported, and now an investor analytics company called Macroaxis has estimated that Nikola has an 81 percent chance of going bankrupt.

While Forbes credited Milton with most of Nikola’s current woes, it’s not just the scandal causing investment setbacks for Nikola. In August, Nikola also recalled most of its battery-electric trucks—about 209—after a fire probe revealed a “defective part” that “is believed to have caused a battery to overheat” and risk setting trucks on fire, The Wall Street Journal reported.

This represented “virtually all” the battery-electric trucks that Nikola had shipped to customers, the Journal reported. While engineers worked on a solution to keep battery-electric trucks on the roads, Nikola temporarily halted sales of the battery-electric trucks, ramping up production instead on hydrogen fuel-cell electric trucks that remain Nikola’s core focus.

In September, Girsky described the recall as a setback but pointed to all of Nikola’s progress since Milton’s departure.

“It’s a setback, but we’re in it for the long haul,” Girsky said. “We’ve proved the skeptics wrong who said we couldn’t engineer a truck, couldn’t build a truck, and couldn’t sell a truck, and we’re not planning on stopping any time soon.”

Disgraced Nikola founder Trevor Milton gets 4-year sentence for lying about EVs Read More »