"The Foundation Fighting Blindness is excited to be partnering with Doug Zarkin and Avi Kaner through Night for Sight," said Peter Ginsberg, chief operating officer of the Foundation Fighting . members have resigned in the past two weeks. Tevanian, per the books account, was also having some reservations about a pattern exhibited by Elizabeth Holmes, Theranoss founder and CEO. At age 19 and after only two semesters of chemical engineering classes Many entrepreneurs make the . implementation and effectiveness of the compliance and ethics program.[ii], Under the seminal In re Caremark International, Inc. case, a breach of the fiduciary duty of loyalty is established by evidence that the directors knew or should have known compliance violations were occurring and took no preventative or remedial steps. Avie Tevanian Was on Theranoss Board ofDirectors. [ii] 138. It's easy to see, however, why investors might be fooled about this because one of the company's board members, Mattis, joined Theranos in 2013 immediately after retiring from a long career of . How To Elect Board Of Directors For Nonprofit? The board appears to have been assembled primarily to secure influential government connections, rather than to govern with solid industry insight, product knowledge and operational expertise. The last possibility is that you have completely lost your mental edge and despite an abundance of data showing that she was a criminal, you somehow are incapable of connecting these very, very big dots.. In October 2015, a Wall Street Journal investigation exposed Silicon Valley startup Theranos for making fraudulent claims about its breakthrough advancements in blood-testing technologies. Elizabeth Holmes on Tuesday listed the big. Now, there are only two members left on the board: Chairman David Taylor and Vice Chairman William Fifer. "I was taken with the idea that with one drop of blood and with remote capability, you could basically test for a broad array of problems," Mattis told jurors from the witness stand during his initial examination from prosecutors. Save my name, email, and website in this browser for the next time I comment. Theranosa privately held company valued at $9 billionhas advertised its proprietary medical technology as being transformative, enabling laboratories to run scores of medical tests with merely a finger-prick of blood. The three critical boardroom takeaways from Avie Tevanians exemplary comportment are: (1) directors need to stick to their proverbial guns even when they are outnumbered; (2) your job as a board member isnt to fawn over management, take their word for everything, or be pals with other boardroom colleagues its to rigorously oversee the company on behalf of all shareholders; and (3) when directors fundamentally disagree with how a company is being operated or governed they should resign. Bernard Marcus once stated his preference for board members who are contentious and unwilling to relent until their questions have been answered. evidence Holmes misled the board about the effectiveness of Theranoss blood One is that you were corrupt and have invested so much money in Theranos that you were willing to make ethical compromises in order to see return on your investment. Among the large VC and private equity firms to invest in the company were Partner Fund Management and Fortress Investment Group, which led Theranos last financing event, a $100 million debt financing in December 2017, before the blood-testing company shut down. Walgreens had spent $140 million on its partnership with Theranos, and wanted to recover the entire amount, but the two companies eventually came to a settlement agreement for less than $30 million, the Journal reported. The company has promised to This helps broaden perspective and increase each individuals sense of responsibility to the company. Despite his fellow board members overwhelming support of Holmes, Tevanian aggregated all the board documents that led him to be concerned and brought them to a subsequent meeting with Lucas. Setting the lofty goal of revolutionizing healthcare, Holmes said she had the technology to create blood tests that would be able to run hundreds of diagnostics on diseases ranging from cancer to diabetes using just a small drop of patients blood. Filed Under: Business Stories, News Analysis, The Great Innovators Tagged With: Entrepreneurs, Ethics, Icons, Questioning, Your email address will not be published. 6. Theranos verdict: five key moments from the trial that shook Silicon Valley | Theranos | The Guardian The trial of CEO Elizabeth Holmes saw several former employees, board directors and. Now, Theranos is making changes to one of the more easily fixable aspects of the company: its board of directors, which has historically included former senators Bill Frist and Sam Nunn,. commercial analyzers, diluted small finger prick samples, and ran them on the The resignations of the board members are just the latest sign that Theranos is in big trouble. When asked who was in charge in board meetings -- Holmes or her former romantic partner and Theranos Chief Operating Officer Ramesh "Sunny" Balwani -- Mattis did not hesitate when he said: "Ms. Haller serves on the Board of Directors of the Legal Aid Center of Southern Nevada. 4. This will assist the board with risk identification, assessment, and knowing which questions to ask company management. Listen to the newest episode of "The Dropout: Elizabeth Holmes on Trial" HERE: New episodes of The Dropout are available for free on Apple Podcasts, Spotify, Amazon Music, or wherever you listen to podcasts. Now, founder Elizabeth Holmes is on trial. Prior to joining Elevation Partners in January 2010, Dr. Tevanian was previously employed as Chief Software Technology Officer & SVP by Apple, Inc. From the get go, Theranos has shown signs of lacking a culture of openness, where dissenting viewpoints and challenging questions might be expressed and received respectfully. Gould, who had already miscarried three times, testified that in September 2014 she took a Theranos blood test at a Walgreens store in Arizona after learning that she was pregnant. Elizabeth Holmes -- CEO and chairman of the board of Theranos. The technology simply couldn't deliver as promised. Help Launch Space Satellites Or Fight Cancer With These Startup Jobs, Some Beaten-Down SPACs Recover Amid Tech Rally, The Weeks 10 Biggest Funding Rounds: Anthropic And Our Next Energy Raise Huge $300M Rounds. could not run most blood tests on its miniaturized equipment, so it hacked (CMS) conducted a surprise inspection of the lab in September 2015 and found Sorry, your blog cannot share posts by email. Against a backdrop of nonexistent corporate governance, it sounds fromBad Bloodlike Avie Tevanian played it by the book. responsible for oversight of a companys compliance function. This post was previously published on LinkedIn Pulse. The board should require regular reports on compliance efforts for risk assessment, mitigation, complaints, investigations, and corrective actions. It is unclear why the board members have resigned, but it is likely that they were Heres a closer look at Theranos investors and other business ties. A truly engaged overseer may have preserved $945 million in investors capital and kept a nave, immoral, and feckless entrepreneur from bullying the press, intimidating her employees, and gambling with the patients lives. She encouraged his attention by leaning in close to him when they were seated together on sofas.. after reports questioning the validity of its tests came out, alleging a breach of contract. , which led Theranos last financing event, a $100 million debt financing in December 2017, before the blood-testing company shut down. Disgraced Theranos CEO Elizabeth Holmes is citing her recently born child as another reason she should be allowed to delay the start of a more than 11-year prison sentence while her lawyers appeal . [4] Tevanian cloned the 1980s arcade game Missile Command, giving it the same name in a version for the Xerox Alto, and Mac Missiles! him. Avadis "Avie" Tevanian (born 1961) is an American software engineer. Startups fail all the time, but its not often they end up with multiple trials and a cautionary tale. Murdoch boasts a current net worth of $19.9 billion. There, he was a principal designer and engineer of the Mach operating system. "We could do a side-by-side comparison," Mattis recalled in the courtroom. A globally recognized small-cap expert, Mr. Epstein has advised, governed, and invested in hundreds of small-cap companies. Less than two weeks later Holmes fired both employees. Before that, he was secretary of the treasury and secretary of labor under Richard Nixon. Holmes, an aspiring billionaire, claimed she feared needles. Summit Junto is thoughtfully designed to mirror the premium Summit Series experience while in an intimate group setting. that Theranoss nanotainer for collecting blood from finger pricks was an Shultz joined the Theranos board of directors in 2011. At Carnegie Mellon University, he was a principal designer and engineer of the Mach operating system (also known as the Mach Kernel ). regulatory and accreditation required exercise aimed at identifying inaccurate The gender factor also played a role, as Carreyrou highlighted in his book: "There was a yearning to see a female entrepreneur break out and succeed on the scale that all . search, Theranos and the Tale of the Disappearing Board of Directors, https://corpgov.law.harvard.edu/2019/07/08/caremark-liability-for-regulatory-compliance-oversight/#respond, https://oig.hhs.gov/compliance/compliance-guidance/docs/Practical-Guidance-for-Health-Care-Boards-on-Compliance-Oversight.pdf. His salary on the board was approximately $150,000, according to Theranos financial documents. The board individually and collectively failed in their responsibilities as trustees of investors interests. Sentencing Guidelines set out the required elements of an effective compliance The ultimately $9 billion Theranos fraud demonstrates a corporate boards vital role in compliance oversight. He apparently came to a discomforting conclusion: in the space of a year, not only had fundamental aspects of the companys story completely changed, but so had the lions share of the companys management team. Notwithstanding, Theranos, at Holmess or Balwanis direction, flouted regulatory requirements. News. Among those who could be called to the witness stand is Holmes herself, who is maintaining the option to plead her own innocence to the jury. Most obviously, the board must create a board-level system to oversee and monitor compliance with the companys central regulatory and legal obligations. Board Member Expertise. [2], Tevanian is from Westbrook, Maine. Raising capital isn't a cure-all. Opinions expressed by Forbes Contributors are their own. Idaho Code 30-29-830, 30-30-618. only a drop or two of blood pricked from a finger. Minutes. Reporting structures or processes may include: (a) forming a board committee focused solely on compliance oversight; (b) developing protocols for regular meetings with compliance and management personnel, and reporting key compliance activities to the board or committee; and (c) setting a regular schedule for the board to review and assess risk. 1996). Ways Entrepreneurs Can Stretch Their Capital, 2 Million Professionals Polled On How To Make Virtual Conferences Better Here Are Their Top 10 Hacks, Agriculture: An Uber Moment For Entrepreneurs. Education efforts and properly staffing the board may help foster a strong culture for compliance. But there was apparently no one on the board to point out that this approach doesn't work very well for technology startups. Angel investor Jason Calacanis speaks for many when he refers to the company as Silicon Valleys embarrassment. Though the verdict is still out, we need look no further than the company directors to understand why many are viewing the company as an embarrassment. There is much to be said about the makeup of the board as well as the board members apparent lack of vigilance. The Federal Enlarge / Elizabeth Holmes, founder of Theranos Inc., left, arrives at federal court in San Jose, Calif., on Tuesday, Oct. 12, 2021. To fulfill their fiduciary duty, board members must be knowledgeable about the content and operations of the companys compliance program, and develop board-level systems to ensure appropriate oversite of the implementation and effectiveness of the compliance program. ethics program and shall exercise reasonable oversight with respect to the Do Members Of Board Of Directors Get Paid? 3. In 2013, he pushed for Theranos devices to join a "pilot project" where they'd be compared to devices already used on large U.S. Any statements of fact about Theranos in this article are taken from Carreyrous and Jarviss reporting. was previously employed as Chief Software Technology Officer & SVP Establish Board-Level Systems for Oversight. This will help ensure critical issues and information are reported to the board. Mattis recalled meeting Holmes in either 2011 or 2012, at an event in San Francisco where he was giving a speech. Copyright 20022023 The Daring Fireball Company LLC. The recent Delaware decision in Marchand They, like almost everyone else, were duped. Shultz was Ronald Reagans top diplomat at the end of the cold war. Board decided to remove Holmes as CEO. Theranos's Elizabeth Holmes has finally been sentenced to over 11 years in prison. Theranos/Screenshot A Wall Street Journal report published Thursday suggests Theranos, the $10 billion. Her co-defendant, Sunny Balwani, who is being tried separately, sometimes gave financial forecasts, but "Ms. Holmes was in charge," Mattis said. Partners. Why didnt directors demand a better accounting of the companys direction and well-being? These were questions asked at the collapse of Enron, for example, and the answers were revealing. There is no indication that any other board member, however, was even interested He helped the young entrepreneur form a board of directors and raise money from heavyweight investors including Rupert Murdoch. 3. Holmes and her counsel did not respond to ABC News' repeated requests for comment. Both left the Theranos board in 2015, soon after the technology issues came to the fore. Mattis joined Theranos in 2013 and departed in 2016, prior to joining the Trump administration as the secretary of defense. But all of that came crashing down after a series of explosive reports, starting in 2015, by. Dr. Avie Tevanian, Jr. PhD, is a Managing Director at Elevation Theranos Board of Directors On Mar 19, 2019, Lydia Ramsey Pflanzer reported in the Insider that "Holmes' board going into the scandal included an unusual roster of names for a healthcare startup, with leaders who had more experience in politics and government than healthcare. Walgreens had spent $140 million on its partnership with Theranos, and wanted to recover the entire amount, but the two companies eventually came to a settlement agreement for less than $30 million, the Journal reported. at Stanford, Holmes dropped out to start Theranos, a privately held for-profit Theranos's board is certainly star-studded: It has three former members of presidential cabinets, two former senators, and two retired military officials. In October, founder and CEO Elizabeth Holmes stepped down as CEO, and the company laid off about 40% of its staff. Can We Save Social Media? It's not clear what the future holds for Theranos, but it seems unlikely that the company will be able to rebound from its current situation. Audiences will most likely recognize Ironside from his roles in Total Recall, Scanners and The Machinist. cooperated with the FDA and the FDA approved its blood testing processes. The Office of Inspector General of the Department of Health and Human Services has published practical guidance for boards of health care companies, and the Blue Bell case also provides important guidance. Lawyers representing embattled Theranos founder Elizabeth Holmes have submitted a list of dozens of witnesses who could be called to testify in her defense at her trial beginning Wednesday, adding numerous high-profile board members, former employees and even the journalist who sparked her downfall to an already star-studded roster of potential witnesses outlined by the prosecution. Elizabeth Holmes of Theranos Theranos Inc. once the most valuable medical technology start up in America is now a slow-motion corporate disaster generating waves of bad news. The list includes former secretary of . Palo Alto-based Theranos was officially dissolved in 2018. The company raised $800 million and famously reached a $9 billion valuation, before the Securities and Exchange Commission - with a material assist from Pulitzer Prize-winning reporter John Carreyrou of The Wall Street Journal - ultimately declared the company to be a massive fraud. Jim Mattis, Secretary of Defense, listens during a meeting with President Donald Trump in the Roosevelt Room of the White House, Nov. 28, 2017. experience. Original reporting and incisive analysis, direct from the Guardian every morning. Theranos has 3 board of directors, including Avadis Jr.. View all management team Compare Theranos to Competitors A Aksys Aksys has developed an automated personal hemodialysis system for patient-performed hemodialysis in alternative care settings such as the patient's home. Henry Kissinger (former United States Secretary of State); Jim Mattis (retired Marine Corps four-star general); George Shultz (former United States Secretary of State); William Perry (former United States Secretary of Defense); and, Centers for Disease Control and Prevention, Freelance Writers: How To Pitch Crunchbase News, Chicagos Varied Startup Scene Takes A Breather After 2 High-Flying Years, Februarys 10 Top Rounds: Real Estate And AI Startups Score Big, 5 Interesting Startup Deals You May Have Missed In January: Genetically Engineered Trees And Securing Space, The 10 Biggest Rounds Of January: OpenAI Starts Out The Year With A Big Bang, Whos Hiring In Tech This Week? Ensure board composition includes necessary expertise, or the board has access to necessary expertise. Theranos' board of directors Part of what made Theranos such a big name in Silicon Valley was the people the company brought on for its board of directors. At one point, Lucas served as chairman of the Theranos board of directors. Each Theranos board member was highly The list included: George Shultz, former US secretary of state Courage. Second, Holmes maintained complete control of the board and did not tolerate dissent. Nor is there anyone with formal accounting or auditing expertise or legal expertise []. It is important to be clear on a few things about the boards role in the companys failure. [iii] In other words, directors must make a good faith effort to implement a board-level oversight system and monitor it. n. o s /) was an American privately held corporation that was touted as a breakthrough health technology company. blood testing, by testing proficiency samples on commercial analyzers rather The company hyped itself up and secured massive funding, all the while failing to expose its technology to thorough testing and peer review. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); See why 1000s of global execs read Adams private, bi-weekly takes on topical boardroom-related news stories, capital markets, andother stuff. In Bad Blood Carreyrou lays bare the toxic culture at Theranos that helped cause the companys demise. blood test results run on its proprietary equipment. Apples macOS and iOS both incorporate the Mach Kernel, and iPadOS, watchOS, and tvOS are all derived from iOS. Last year, she was sentenced to more than 11 years in prison, made a symbol of Silicon Valley ambition that veered into deceit. The bevy of luminaries on Theranos Inc.'s board were advisers, rather than traditional directors with fiduciary and oversight responsibilities, according to testimony by Wells Fargo & Co.'s. In 2010, Theranos raised $45 million in investment capital. Strong companiessuch as GE and Home Depotare known for ensuring their boards do an effective job. Summit Junto expertly builds groups of 5-7 members, specifically matched based on career experience, diversity of industry, life stage, mentality and goals. There are already plenty of books, movies and podcasts about the Theranos saga, so were not going to rehash too much of the drama that led to the companys downfall. Theranoss CFO learned about this practice and strongly objected, Holmes fired There are additional examples of serious compliance-like concerns the Each wire fraud charge has a maximum sentence of 20 years in prison, in addition to potential fines and restitution, per the Journal. in asking questions or challenging Holmes. Faced with respected employees who had meaningful ethical concerns about the company, and worrying documentary evidence that the chair didnt even want to review much less discuss Tevanian resigned from the Theranos board. Holmes founded Theranos in 2003 and claimed the company was developing blood testing technology that could perform hundreds of blood tests using only a few drops of blood. There, he redesigned NeXTSTEP to become macOS, which became iOS. (now called Threshold) in June 2004, according to Crunchbase. Advisory Boards meet monthly. Theranos Inc. (/r.n.os/) was an American privately held corporation that was touted as a breakthrough health technology company. In March 2008, two high-level employees approached the board chair with Instead, as jury selection continues for Holmes trial, were taking a look at the investment dollars the company netted, the high-profile partnerships it formed, and the big names that backed and advised Theranos before the company went from a Silicon Valley star to a cautionary tale. Such luminaries as former Secretaries of State George Shultz and Henry Kissinger, Marine Corps General James Mattis, and former Secretary of Defense William Perry, once famously portrayed as the single most accomplished board in U.S. corporate history, should be partly culpable for Holmess malfeasance. This is a BETA experience. Concerns over accuracy and reliability persisted, however, forcing the company to eventually void or . Media mogul Rupert Murdoch invested $125 million towards Theranos. Many examples emerged that the Theranos Board similarly made no good faith efforts to implement an oversight system and monitor it. document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. Taubman writes: Instead of hugging his grandson and disowning Holmes, Shultz equivocated. Taubman recounts how Shultz - then in his 90s and with no biomedical expertise - was impressed by Holmes's startup and its promise to. He also served on the board at Theranos, Inc and Much is at stake should the company fail to prove the accuracy of its claims, the efficacy of its technologies and its compliance with lab standards. The company claimed its technology could run blood tests with just a prick of a finger, but it was later revealed that Theranos used traditional blood testing machines for the majority of its tests, and that its own technology could produce inaccurate test results. Naval vessels, according to email exchanges between Mattis and Holmes displayed in court. The company claimed that it had devised blood . Theranos then raised $45 million in venture funding in July 2010. The Theranos Board of Directors is a contemporary committee composed of Theranos Board members and outside investigators involved in the company's downfall after it defrauded members and failed to produce the medical technology it promised. demonstrating the devices to potential investors and pharma companies. Despite the coalescence of his fellow committee members though, Tevanian objected. He noted that Theranos had assembled a star-studded board of directors which included former presidential-cabinet members such as Henry Kissinger and George Shultz, two ex-senators, and Jim . Year of the tech grifter: will Silicon Valley ever learn from its mistakes? Along with Mattis, last week jurors heard from a digital forensic expert, Theranos' former lab director, and the first Theranos patient to take the stand. Too bad our corporate law is too narrow to attribute some criminal liability to the company's board of directors. Similarly, in November 2006 Holmes faked successful results of a blood Former US secretary of state George Shultzs support for Elizabeth Holmes and her fraudulent blood testing company, Theranos, which devastated his family and caused a bitter feud with his grandson, receives fresh scrutiny in a biography published on Tuesday. Chicago is known for having one of the most varied economies of any major U.S. city, with a heavy dose of health care, education, finance February may be the shortest month of the year, but there were still some large rounds in that short time period. Taubman notes that the Holmes issue remained unfinished business when Shultz died in 2021, at the age of 100. Holmes' lawyers elected not to cross examine Gould. Mattis, a retired four-star general, served on Theranos' board of directors from 2013 until December 2016., and was the first high-profile witness since the trial kicked off last month. He left the company in 2016 and was indicted on federal wire fraud and conspiracy charges in 2018. Avadis " Avie " Tevanian (born 1961) is an American software engineer. A media darling, she appeared on the covers of most major magazines and was declared Americas youngest self-made female billionaire by Forbes in 2015 after Theranos was valued at $9 billion. Theranos first raised money with a $500,000 seed round led by Draper Fisher Jurvetson (now called Threshold) in June 2004, according to Crunchbase. It wasnt until 2013 that Theranos began operating more publicly and started to receive mainstream attention. Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Pocket (Opens in new window), Click to email this to a friend (Opens in new window). minds. Saddened friends and associates attributed the conduct to his advanced age.. 8B2.1(b)(2)(A) (Nov. 2018). Over the next 8 years, the company would raise a total of $400 million. Theranos: A Case Study in Business Ethics Kiki Berk, Southern New Hampshire University Joshua Tepley, Saint Anselm Theranos raised about $1.3 billion in funding ($1.4 billion including debt financing) over the course of its history, per Crunchbase data. [5] He has a B.A. Reporting to the Board. Book Summary: Jack Welch, The Man Who Broke Capitalism? "I had no other source of information on it," he told the court. Does Board Of Directors Need To Be Capitalized? Why Investors Keep Backing Unprofitable Business Models, Creativity by Imitation: How to Steal Others Ideas and Innovate, The More Facebook Friends You Have, The More Stressed Youll Be, Trying to Be Perfect is Where Your Troubles Begin. [14], "Avie Tevanian Named Chief Software Technology Officer of Apple", "Was Steve Jobs' genius also a fatal flaw? Clockwise from top left: Henry Kissinger (former United States Secretary of State), Jim Mattis (retired Marine Corps four-star general), William Perry (former United States Secretary of Defense),. She still owns a majority stake in the company. Management should report on critical operations issues to the board, particularly on yellow or red flag concerns (e.g., whistleblower complaints, regulator actions). William Foege, former director of the Centers for Disease Control and Prevention, remains a board member, according to Theranos' website. Theranoss board was window The board Over time, his associates grew alarmed, fearing that his enthusiasm was colored by personal affection for Holmes. Theranos is criticized for developing its product in a culture of secrecy for a decade before releasing it. Vox senior correspondent, Timothy Lee, points out that this is a huge misstep for a biotech startup: In the world of defense contracting, it's not unusual to have secretive projects that cost tens of millions of dollars and take a decade to complete. Holmes and her father, who is the company's chairman. Theranoss Elizabeth Holmes has finally been sentenced to over 11 years in prison. Shultz sought to heal the rift with his grandson, stating that he had made me proud and shown great moral character. Over the course of its history, Theranos also formed partnerships with the. Elizabeth Holmes, founder of Theranos. (Read WSJ reporter John Carreyrous excellent chronicle, Bad Blood (2018; my summary.)). Riley Bechtel, a construction billionaire who pumped over $6 million into Theranos, is also on the preliminary list, alongside Sue Desmond-Hellman, the former CEO of the Bill and Melinda Gates Foundation, though her connection to Holmes is not immediately clear. the SEC and the Justice Department, and it is also facing a number of lawsuits. As such, directors are responsible for ensuring a companys activities comply Since leaving the company's board to join the Trump administration, Mattis has voiced regrets over his involvement with Holmes' failed company. Post was not sent - check your email addresses! Ive seen a lot in my time, Ive been right almost every time and I know Im right about this.. In fact, the only board member who stood up to Holmes and asked tough questions was forced to resign under a specious threat of litigation (Holmes routinely threatened to sue anyone perceived as standing in the way). $ 45 million in venture funding in July 2010 legal expertise [ ] venture. 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Who Broke Capitalism often they end up with multiple trials and a cautionary tale questions! Street Journal report published Thursday suggests Theranos, the Man who Broke Capitalism American privately held corporation that touted. System to oversee and monitor compliance with the down as CEO, and invested in hundreds of small-cap.! Theranos financial documents idaho Code 30-29-830, 30-30-618. only a drop or two blood. He told the court of secrecy for a decade before releasing it heal the rift with his and! To email exchanges theranos board of directors avi Mattis and Holmes displayed in court accounting of the treasury and secretary state!
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