Featured Article

The convicts of Silicon Valley, 2023 edition

Tech titans fought the law (and the law won)

Comment

Image Credits: Bryce Durbin / TechCrunch

Silicon Valley can be a place of great power and riches, but the smallest thing can bring it crashing down. From deepfaked phone calls with bankers on the line to mountains of lies that grew out of control, these once-darlings of Silicon Valley were no match for the law.

Here’s a look back at the tech executives who were convicted this year.

Nikola founder Trevor Milton sentenced to four years for securities fraud

Trevor Milton used his outsized personality to market an ambitious idea: disrupting freight with fleets of hydrogen electric semi trucks via his company, Nikola. His gravitas attracted partners and investors, including automaker GM. But it was when Nikola went public via a merger with a special purpose acquisition company that Milton’s star (and the company’s stock) rocketed into the stratosphere.

It would be short-lived. Within months of riding the highs of meme stock status, Milton was accused of fraud and federal investigations were launched. He would soon resign as founder and CEO, and his troubles didn’t fade with his departure. Instead, Milton was charged, tried and found guilty of defrauding investors. This month, Milton was sentenced to four years in prison, although it’s doubtful his saga will end here. Milton is expected to appeal. — Kirsten Korosec.

Theranos founder Elizabeth Holmes reports to jail

Almost 10 years after her startup Theranos promised to upend the healthcare industry and achieved a valuation of some $10 billion, more than five years after the company was dissolved following revelations that it was all smoke and mirrors, and one year after a brutal four-month trial, Elizabeth Holmes is finally, actually in prison.

It seemed like at one point everyone in the world was rooting for Holmes. She was on the cover of every magazine and speaking on every stage — including ours, let’s be honest. But once the lies caught up with her, the scale of her fraud overcame even her staunchest backers. It seems unlikely any of her “Holmies” will remain when she finishes her 11-year sentence. — Devin Coldewey.

How a phone call with bankers led to startup Ozy Media’s downfall

It started with a phone call that pricked the ears of bankers in the most unusual way. On a call with Goldman Sachs investors who were primed to close on a $40 million deal to fund the media startup Ozy Media, one of its executives made a catastrophic error that months later would unravel the company. A strange voice on the conference call purported to be a YouTube executive who showered Ozy with praise. But the investors grew suspicious and contacted the executive directly, who told them that the person on the call must have been an impersonator as the executive had never before spoken with the Goldman Sachs investors. Ozy’s CEO Carlos Watson apologized to the bankers, and blamed the incident on an Ozy executive’s alleged mental health crisis, but the damage was already done.

Samir Rao, who prosecutors accuse of faking the YouTube executive’s voice on the now-infamous Goldman Sachs call, alongside Ozy’s former chief of staff Suzee Han, pleaded guilty to their roles in the scheme to defraud investors, according to the Justice Department. Prosecutors indicted Watson with conspiracy fraud charges a month later, to which Watson pleaded not guilty. — Zack Whittaker.

Binance CEO pleads guilty to federal charges

Binance is the world’s largest crypto exchange and has held that title since 180 days after it launched in June 2017. But behind that prestige was a lot of deceit as the company and its founder, Changpeng Zhao, also known as “CZ,” pleaded guilty to a number of violations brought by the Department of Justice and other U.S. agencies.

The exchange and founder has made headlines this past year for a number of reasons, including CZ’s comments contributing to the collapse of FTX (more on that below), as well as his attitude toward previous U.S. lawsuits against his company, which he often shrugged off as “FUD,” an acronym for “fear, uncertainty and doubt.”

But that all came to a head in late November as both Binance and CZ both put their hands up. And their pleas are costing a hefty dollar amount. The crypto exchange plans to pay about $4.3 billion to resolve the DOJ’s investigation and has reached agreements with other agencies, too. CZ has to pay a $150 million fine to the Commodity Futures Trading Commission and agreed not to make statements “contradicting his acceptance of responsibility.”

After all this unraveled, CZ now remains in the U.S. and can’t leave due to his “enormous wealth” and lack of ties to the states, a judge ruled earlier this month. CZ’s fate will be decided in late February at his sentencing in a Seattle federal court where he could face up to 18 months in prison. — Jacquelyn Melinek.

Allergy test startup CEO Mark Schena convicted of defrauding the government

Fool us once, shame on you. Fool us twice, and… straight to prison. That’s the short story of Mark Schena, a former executive at California-based Arrayit Corporation, who lied to investors about the company’s allergy and COVID-19 testing ability and is paying the price. In October, Schena was sentenced to eight years in prison and ordered to pay $24 million in restitution to victims. Schena’s sentencing came just months after the disgraced Theranos founder Elizabeth Holmes was ordered to prison for a similar deception, and prosecutors were not taking a second health-related fraud lightly.

Much like the Theranos case, Schena made bold claims about his company’s testing ability, but went further by defrauding the federal government after billing Medicare $77 million for fraudulent COVID-19 and allergy tests, per the Associated Press. The lies didn’t stop there. Schena lied about being on a shortlist for the Nobel Prize and claimed Arrayit was worth more than $4 billion when it wasn’t. Prosecutors accused Schena of putting “profit over public safety” by using the COVID-19 pandemic to “fuel a kickback scheme and a massive fraud upon investors and people searching for better health care during a time of great uncertainty.” — Zack Whittaker.

FTX’s SBF convicted of massive crypto fraud

Once upon a time, Sam Bankman-Fried was seen as the savior of the crypto world, the one who could bring stability and respectability to web3. His cryptocurrency exchange FTX was founded in 2019 as a complement to his trading firm Alameda Research, and soon he had billions in capital and had “achieved the status of legend,” according to a now infamous puff piece by investor Sequoia.

Unfortunately, SBF wasn’t the cure to web3 shenanigans — he was one of its biggest perpetrators. A report in late 2022 revealed its balance sheet to be overvalued and faulty; the whole operation collapsed and SBF himself was extradited and arrested a month later. He soon would be defying common sense by loquaciously addressing his ostensibly naïve but obviously fraudulent financial practices, and evidence emerged of shocking misuse of funds. Other FTX leaders pled guilty; SBF tried and failed to avoid conviction.

He has yet to be sentenced, but faces a maximum of 115 years in prison. — Devin Coldewey.

Mike Rothenberg, once a Silicon Valley darling, now convicted fraudster

Mike Rothenberg burst onto the scene in Silicon Valley roughly a decade ago as something of a maverick. A self-described former math Olympian who attended Stanford before getting an MBA from Harvard Business School, Rothenberg was set up for a traditional career in finance or venture capital. Instead, he struck out on his own, setting up a small venture fund with big ambitions.

But Rothenberg was too impatient. Instead of growing the firm steadily, he embraced a splashier approach, organizing expensive events for founders for the deal flow and marketing benefits, from parties to box seats at Golden State Warriors games. A cost-intensive “annual” event held two years in a row at the ballpark where the San Francisco Giants play even inspired an episode of the HBO show “Silicon Valley.”

Alas, it all came crashing down soon after, and following more than five years spent battling back both the SEC and the DOJ, which came after him for overcharging investors for personal projects, Rothenberg was last month convicted on 21 counts, including bank fraud, false statements, four counts of money laundering and 15 counts of wire fraud.

While Rothenberg won’t be sentenced until March 1, he could be facing a mountain of time in prison in addition to millions of dollars in fines. Meanwhile, one of the most tragic angles on this story is that Rothenberg’s bets were pretty good. Among his early investments was Robinhood, the stock brokerage company that went on to become a highly successful investment for its other venture investors. — Connie Loizos.

Ex-Uber chief security officer Joe Sullivan convicted after data breach cover-up

Former federal prosecutor turned Uber chief security officer Joe Sullivan became the first corporate cybersecurity lead to be convicted for crimes committed on the job. In March, a federal judge sentenced Sullivan to three years probation after previously finding the former Uber executive guilty on charges of obstructing an official proceeding and misprision of a felony, effectively a failure-to-report-wrongdoing offense.

Sullivan spoke with TechCrunch months later about his court case and why he had to “get over” the shock of his unexpected conviction and the bitterness he felt. Sullivan, who now heads a nonprofit helping to get tech and humanitarian aid to Ukraine, said security executives “should run towards” the job, not away from it. — Zack Whittaker.

Read more on TechCrunch:

Meet the cybercriminals of 2023

More TechCrunch

AI-powered tools like OpenAI’s Whisper have enabled many apps to make transcription an integral part of their feature set for personal note-taking, and the space has quickly flourished as a…

Buymeacoffee’s founder has built an AI-powered voice note app

Airtel, India’s second-largest telco, is partnering with Google Cloud to develop and deliver cloud and GenAI solutions to Indian businesses.

Google partners with Airtel to offer cloud and genAI products to Indian businesses

To give AI-focused women academics and others their well-deserved — and overdue — time in the spotlight, TechCrunch has been publishing a series of interviews focused on remarkable women who’ve contributed to…

Women in AI: Rep. Dar’shun Kendrick wants to pass more AI legislation

We took the pulse of emerging fund managers about what it’s been like for them during these post-ZERP, venture-capital-winter years.

A reckoning is coming for emerging venture funds, and that, VCs say, is a good thing

It’s been a busy weekend for union organizing efforts at U.S. Apple stores, with the union at one store voting to authorize a strike, while workers at another store voted…

Workers at a Maryland Apple store authorize strike

Alora Baby is not just aiming to manufacture baby cribs in an environmentally friendly way but is attempting to overhaul the whole lifecycle of a product

Alora Baby aims to push baby gear away from the ‘landfill economy’

Bumble founder and executive chair Whitney Wolfe Herd raised eyebrows this week with her comments about how AI might change the dating experience. During an onstage interview, Bloomberg’s Emily Chang…

Go on, let bots date other bots

Welcome to Week in Review: TechCrunch’s newsletter recapping the week’s biggest news. This week Apple unveiled new iPad models at its Let Loose event, including a new 13-inch display for…

Why Apple’s ‘Crush’ ad is so misguided

The U.K. Safety Institute, the U.K.’s recently established AI safety body, has released a toolset designed to “strengthen AI safety” by making it easier for industry, research organizations and academia…

U.K. agency releases tools to test AI model safety

AI startup Runway’s second annual AI Film Festival showcased movies that incorporated AI tech in some fashion, from backgrounds to animations.

At the AI Film Festival, humanity triumphed over tech

Rachel Coldicutt is the founder of Careful Industries, which researches the social impact technology has on society.

Women in AI: Rachel Coldicutt researches how technology impacts society

SAP Chief Sustainability Officer Sophia Mendelsohn wants to incentivize companies to be green because it’s profitable, not just because it’s right.

SAP’s chief sustainability officer isn’t interested in getting your company to do the right thing

Here’s what one insider said happened in the days leading up to the layoffs.

Tesla’s profitable Supercharger network is in limbo after Musk axed the entire team

StrictlyVC events deliver exclusive insider content from the Silicon Valley & Global VC scene while creating meaningful connections over cocktails and canapés with leading investors, entrepreneurs and executives. And TechCrunch…

Meesho, a leading e-commerce startup in India, has secured $275 million in a new funding round.

Meesho, an Indian social commerce platform with 150M transacting users, raises $275M

Some Indian government websites have allowed scammers to plant advertisements capable of redirecting visitors to online betting platforms. TechCrunch discovered around four dozen “gov.in” website links associated with Indian states,…

Scammers found planting online betting ads on Indian government websites

Around 550 employees across autonomous vehicle company Motional have been laid off, according to information taken from WARN notice filings and sources at the company.  Earlier this week, TechCrunch reported…

Motional cut about 550 employees, around 40%, in recent restructuring, sources say

The company is describing the event as “a chance to demo some ChatGPT and GPT-4 updates.”

OpenAI’s ChatGPT announcement: What we know so far

The deck included some redacted numbers, but there was still enough data to get a good picture.

Pitch Deck Teardown: Cloudsmith’s $15M Series A deck

Unlike ChatGPT, Claude did not become a new App Store hit.

Anthropic’s Claude sees tepid reception on iOS compared with ChatGPT’s debut

Welcome to Startups Weekly — Haje‘s weekly recap of everything you can’t miss from the world of startups. Sign up here to get it in your inbox every Friday. Look,…

Startups Weekly: Trouble in EV land and Peloton is circling the drain

Scarcely five months after its founding, hard tech startup Layup Parts has landed a $9 million round of financing led by Founders Fund to transform composites manufacturing. Lux Capital and Haystack…

Founders Fund leads financing of composites startup Layup Parts

AI startup Anthropic is changing its policies to allow minors to use its generative AI systems — in certain circumstances, at least.  Announced in a post on the company’s official…

Anthropic now lets kids use its AI tech — within limits

Zeekr’s market hype is noteworthy and may indicate that investors see value in the high-quality, low-price offerings of Chinese automakers.

The buzziest EV IPO of the year is a Chinese automaker

Venture capital has been hit hard by souring macroeconomic conditions over the past few years and it’s not yet clear how the market downturn affected VC fund performance. But recent…

VC fund performance is down sharply — but it may have already hit its lowest point

The person who claims to have 49 million Dell customer records told TechCrunch that he brute-forced an online company portal and scraped customer data, including physical addresses, directly from Dell’s…

Threat actor says he scraped 49M Dell customer addresses before the company found out

The social network has announced an updated version of its app that lets you offer feedback about its algorithmic feed so you can better customize it.

Bluesky now lets you personalize main Discover feed using new controls

Microsoft will launch its own mobile game store in July, the company announced at the Bloomberg Technology Summit on Thursday. Xbox president Sarah Bond shared that the company plans to…

Microsoft is launching its mobile game store in July

Smart ring maker Oura is launching two new features focused on heart health, the company announced on Friday. The first claims to help users get an idea of their cardiovascular…

Oura launches two new heart health features

Keeping up with an industry as fast-moving as AI is a tall order. So until an AI can do it for you, here’s a handy roundup of recent stories in the world…

This Week in AI: OpenAI considers allowing AI porn