Elizabeth Holmes is a Scapegoat — Even If She’s Guilty

Our desire for quick justice can make us pounce on the most visible actors

Luke Burgis
Marker
Published in
12 min readSep 14, 2021

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Photo by Yichuan Cao/NurPhoto via Getty Images

The criminal trial of Elizabeth Holmes, the founder of the blood-testing startup Theranos, began last week. As the trial drew near, I had a foreboding feeling that games would be played with the ideas of victim and victimizer — games that would leave many people, possibly even including the jury, confused about how to apply the law.

Understanding the sociological mechanisms that influence our perception of guilt has been my key work over the past several years. That’s why I was particularly interested when I heard from someone who had been involved in two separate lawsuits with Holmes—someone who understood the complex dynamics at work, and who was willing to cut through the popular narratives shaped by the media.

I met John Fuisz at The Berliner, an industrial-looking beer hall on the Potomac in Georgetown. We sat dry under the Whitehurst Freeway drinking beers while the rain from former hurricane Ida pummeled the street on either side.

Fuisz is a former patent attorney; he was a primary source for John Carreyrou of the Wall Street Journal in his investigation of the medical technology company Theranos. As the public knows well by now, Carreyrou…

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Luke Burgis
Marker
Writer for

Author of “WANTING: The Power of Mimetic Desire in Everyday Life.” Find more at read.lukeburgis.com