Theranos founder Elizabeth Holmes’ conviction upheld by US appeals court
(NEW YORK) — A U.S. appeals court has upheld the conviction of Theranos founder Elizabeth Holmes, who is serving more than 11 years in prison for defrauding investors with false claims about her company’s blood-testing technology.
The 9th U.S. Circuit Court of Appeals in San Francisco upheld the fraud convictions, sentences and $452 million restitution order for Holmes and her second in command, Ramesh “Sunny” Balwani, who was sentenced to nearly 13 years in prison.
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(LAS VEGAS) — Matthew Livelsberger — the suspected driver of the Tesla Cybertruck that exploded on New Year’s Day outside the Trump International Las Vegas Hotel — died from a self-inflicted gunshot wound prior to the blast, officials said at a Thursday press briefing.
Investigators had already collected significant evidence that Livelsberger was behind the wheel of the vehicle before publicly confirming their suspicions.
Officials found credit and identification cards in his name, purchase records identifying him as the owner of weapons found in the destroyed vehicle and identified tattoos similar to Livelsberger’s on the driver’s body, physical injuries to which slowed the identification process.
The Clark County Coroner ultimately identified Livelsberger — of Colorado Springs, Colorado — as the driver on Thursday. His cause of death was a self-inflicted intraoral gunshot wound.
No one else was seriously hurt, though seven bystanders sustained minor injuries, officials said.
An active-duty Army soldier, Livelsberger was found with a gun at his feet. Two firearms — one handgun and one rifle — were found in the vehicle “burnt beyond recognition,” Sheriff Kevin McMahill of the Las Vegas Metropolitan Police Department said.
Both weapons were purchased legally on Monday, he added.
Livelsberger rented the Tesla vehicle on Saturday in Denver via the Turo app, before driving to Las Vegas through cities in Colorado, New Mexico and Arizona. His progress was tracked through Tesla charging stations, officials said.
The vehicle first pulled into the Trump International Las Vegas Hotel valet area just after 7:30 a.m. Wednesday, officials said. It then left the area, driving along Las Vegas Boulevard, before returning to the valet area at about 8:39 a.m., exploding 17 seconds after its arrival.
Livelsberger served as a Green Beret in the Army and was on approved leave from serving in Germany at the time of his death, a U.S. Army spokesperson said Thursday.
He received extensive decorations in combat, including the Bronze Star with a “V” device for valor, indicating heroism under fire. Livelsberger received four more standard Bronze Star medals, according to Army records. He also earned the Afghanistan Campaign Medal with three stars. Each star represents service in a separate campaign in Afghanistan.
The Las Vegas incident is not believed to have any direct connection to the New Year’s Day truck attack in New Orleans that killed 14 people — as well as the suspect — and injured 35 others, according to the FBI. The truck used in the New Orleans attack was also rented using the Turo app, officials said.
“At this point, there is no definitive link between the attack here in New Orleans and the one in Las Vegas,” the FBI’s Christopher Raia said Thursday morning at a press conference on the New Orleans attack.
The two drivers may have overlapped at Fort Liberty or in Afghanistan, though no evidence suggests the two ever were assigned together or knew each other, McMahill said.
President Joe Biden, in remarks Thursday, said federal investigators have not any evidence of a connection between the attacks but said he had directed them to keep looking.
Livelsberger was a supporter of President-elect Donald Trump, an official briefed on the probe told ABC News. His wife, who investigators spoke to in Colorado Springs, said he had been out of the house since around Christmas after a dispute over allegations of infidelity, the official said.
His wife told officials she did not believe Livelsberger would want to hurt anyone, the official told ABC News.
Livelsberger is believed to have told the person he rented the truck from that he was going camping at the Grand Canyon, the official told ABC News.
Investigators are still looking to determine how the items in the truck were detonated, but with the contents of the vehicle so badly burned, it may be a slow process, according to the official.
The sheriff said Tesla CEO Elon Musk helped the investigation by having the truck unlocked after it auto-locked in the blast and by giving investigators video of the suspect at charging stations along its route from Colorado to Las Vegas.
McMahill said police believe the explosion was an “isolated incident” and that “there is no further threat to the community.” He also said police do not believe anyone was helping the Las Vegas suspect.
“We believe everything is safe now,” McMahill said.
Video played at the Las Vegas news conference showed a load of fireworks-style mortars, gasoline cans and camping fuel canisters in the back of the truck.
The property is the subject of frequent threats and heightened security given its connection to Trump.
(WASHINGTON) — The largest pharmacy chain in America is accused of “unlawfully dispensing massive quantities of opioids and other controlled substances to fuel its own profits at the expense of public health and safety,” according to a civil lawsuit filed by the Justice Department, which was unsealed Wednesday.
The DOJ lawsuit alleges that CVS has, for more than a decade, knowingly filled sometimes-dubious prescriptions for controlled substances that lacked a legitimate medical purpose, or were not valid.
Those prescriptions included “dangerous and excessive quantities of opioids” and “trinity cocktails” — a blend of “especially dangerous and abused combination of drugs made up of an opioid, a benzodiazepine and a muscle relaxant,” the suit stated.
The suit also accuses the company of filling “at least thousands of controlled substance prescriptions” penned by “known ‘pill mills.'”
In a statement to ABC News, CVS spokesperson Amy Thibault called the suit “misguided” and said company officials “strongly disagree with the allegations and false narrative” described in the DOJ suit and will “defend ourselves vigorously.”
DOJ’s lawsuit says CVS “contributed to the opioid crisis, a national public health emergency with devastating effects in the United States.” The suit went on to say: “These included illegitimate prescriptions for extremely high doses and excessive quantities of potent opioids that fed dependence and addiction, as well as illegitimate prescriptions for dangerous combinations of opioids and other drugs.”
The suit accuses CVS of ignoring sometimes “egregious red flags” about prescriptions “bearing the hallmarks of abuse and diversion.” The lawsuit points to performance metrics and incentive compensation policies that allegedly pressured pharmacists to “fill prescriptions as quickly as possible, without assessing their legitimacy” and corporate policies that allegedly prioritized speed over safety.
The suit claims CVS refused to implement compliance measures recommended by its own experts to reduce the number of invalid prescriptions with red flags “primarily due to fear that they would slow the speed of prescription filling and increase labor costs,” according to the suit.
The government is seeking civil penalties, injunctive relief and damages to address what it called CVS’ unlawful practices and to prevent future violations.
In her statement, Thibault, the CVS spokesperson, said the company has been an industry leader in fighting opioid misuse.
“Each of the prescriptions in question was for an FDA-approved opioid medication prescribed by a practitioner who the government itself licensed, authorized, and empowered to write controlled-substance prescriptions,” Thibault’s statement said.
She said the DOJ lawsuit “intensifies a serious dilemma for pharmacists, who are simultaneously second-guessed for dispensing too many opioids, and too few.”
(LOS ANGELES) — At least 37 giant live beetles measuring 4 to 5 inches have been found concealed inside of multiple packages of Japanese snacks, potato chips and chocolate at Los Angeles International Airport, authorities said.
The contraband was discovered by U.S. Customs and Border Protection (CBP) agriculture specialists assigned to LAX during a physical examination of a shipment arriving from Japan via air cargo last month.
Upon inspection, authorities ended up discovering discovered 37 live giant beetles — worth an estimated $1,480 — hidden in packets of Japanese junk food.
“They may look harmless but in reality, smuggled beetles pose a significant threat to our vital agriculture resources,” said Cheryl M. Davies, CBP Director of Field Operations in Los Angeles. “Beetles can become a serious pest by eating plants, leaves, and roots and by laying eggs on tree bark which damages our forests.”
Sought after by collectors and enthusiasts, exotic insects are highly popular and often sold online and underground, authorities said.
“The illegal trade of exotic insects bring hefty profits for those willing to take the risk of circumventing U.S. laws and regulations,” CBP said in their release regarding the case on Wednesday.
Importing live insects into the U.S., require a U.S. Department of Agriculture Animal and Plant Inspection Service Plant Protection and Quarantine permit, or a letter issued by PPQ Plants, Pathogens and Biocontrol unit, according to CBP.
The seized beetles were turned over to USDA officials, who will determine the final destination of the insects, meaning they will likely be donated to local zoos that have permits for live insects or be preserved in a local insect collection.
“CBP agriculture specialists combine their scientific knowledge of harmful pests and plant diseases with their expertise in detecting and intercepting these threats before their enter our country,” said Andrew H. Douglas, CBP LAX Port Director. “We are very proud of their contributions to our national security mission.”
On an average day in 2023, CBP agriculture specialists seize an estimated 3,287 prohibited plants, meat and animal byproducts and intercept over 231 agricultural pests that could potentially harm America’s agricultural resources.
