A Wall Street Genius’s Final Investment Playbook Chapter 127

I needed a whistleblower.

Emily was my chosen candidate, but…

It was uncertain whether she would actually expose the truth if left alone.

‘She must have signed an NDA as well.'

There was only one reason why both current and forr employees of Theranos remained silent.

It was the fear of getting entangled in a lawsuit.

Emily was no exception.

What would she need to overco this fear and testify?

Courage.

With just one phone call, I had to rekindle the spark of courage within her.

"It's been a while. How have you been?"

[Ah, yes… But why did you contact so suddenly…?]

It had been nearly a month since our last conversation.

Back then, I had at least the excuse of ‘car repair costs.'

This ti, I had no such justification.

Perhaps that was why Emily’s voice wavered between curiosity and suspicion.

"Actually, I was worried that my last visit might have caused trouble for you… I had a slight conflict with Hols during the audit. I was concerned that you might have been affected by it."

[No, nothing like that happened.]

Emily's response was firm, but I quickly noticed the lack of confidence in her voice.

‘She must have been targeted.'

She was soone who had greeted warmly.

There was no way Hols would have let that slide.

It was highly likely that she had interrogated her or even taken harsher asures.

Well.

I felt sorry for her, but I had greeted her knowing this would happen from the start.

‘Courage only erges in the face of crisis.'

Most people cling to their reality until the ground beneath them is about to collapse.

That’s why I decided to shake the foundation under Emily just a little.

If my prediction was correct, Emily must have been severely harassed by Hols.

At this point, she would want to vent her frustrations to soone—anyone.

However, she still needed to take one more step before she could truly open up.

So far, Emily had only spoken through the mask of a ‘friend’s story.'

"Actually, I noticed so peculiar aspects of Theranos during the audit. The employee turnover rate, in particular, seed abnormally high…"

[…]

"I hope I’m not being rude, but the friend you ntioned—could they possibly be a Theranos employee?"

[…]

"I'm not just asking out of idle curiosity. I've been in a similar situation myself, so I can relate. If soone is struggling, I’d like to help."

To Emily, I must have seed like a fellow newcor who shared her pain.

That is, if she believed the ‘experience' I had confided in her from our first eting.

The story about how Goldrun's ‘reverse engineering' was borderline fraud.

How I had felt guilty about being part of the deception.

How I had resisted and beca a target within the company, eventually preparing for a class-action lawsuit.

[But didn't you ultimately succeed? You were on TV and even beca the lead of the audit team… How…?]

There was confusion in Emily's voice.

If I had truly pursued a lawsuit, I should have been blacklisted.

How had I managed to rise to such a prominent position despite that?

Feigning humility, I responded,

"It was the result of fierce struggle. Preparing for a lawsuit doesn't necessarily an going to court. Once people gathered and united, we gained negotiating power, and thanks to that, we were able to find a resolution."

I made it sound as if all my recent successes were the direct result of the class-action lawsuit.

Of course, that was a complete lie.

But it was a necessary lie at this mont.

‘This is when I need to ignite hope with a success story.'

Nothing inspires courage like a nearby success story.

When people see soone close to them succeed, they feel compelled to take a chance, no matter how slim the odds.

It’s the sa psychology that makes people buy lottery tickets after hearing about a neighbor's win.

Emily, however, was not just an onlooker—she was a victim of workplace harassnt.

At this point, wouldn’t she be tempted to place a bet on sothing like a lawsuit?

After a mont of silence to let my words sink in, I carefully asked,

"Have you consulted a lawyer?"

[Not yet.]

With that one sentence, Emily essentially admitted that the ‘friend' she had ntioned was actually herself.

[I'm still not brave enough…]

"Are you afraid of being found out?"

[…]

"The legal community in Silicon Valley is small, so lawyers tend to know each other. Maybe you're worried that the lawyer you approach has ties to Theranos, or that soone might see you entering a law office…"

Emily wasn’t afraid of the consultation itself.

She was afraid of people knowing she was seeking legal advice.

"I understand completely. I felt the sa way."

Expressing my empathy, I offered a solution.

"In that case, how about I look into it for you?"

[Huh?]

"I can speak with my lawyer about your situation and subtly ask about possible legal actions. Consider it a way to assess your chances in advance…"

After a brief hesitation,

[…Would you really do that for ?]

"Of course. But to discuss specific options, I’d need a bit more detail."

Another pause.

[Actually…]

Emily finally began to pour out everything she had been through.

All of it was about workplace harassnt.

I occasionally tried to probe her about Theranos’s technology or illegal activities, but,

[Sorry. That’s confidential. I can’t say anything because of the NDA…]

She remained silent on anything NDA-related.

She only recounted the harassnt she had endured.

[Sharma accused of neglecting my duties. He went through a month’s worth of CCTV footage, checking my clock-in tis and lunch breaks, and claid I was late by ten minutes every day…]

[Then, out of nowhere, he asked if I’d ever been investigated by the FBI… He even warned that hiring a lawyer for such an investigation would cost more than my annual salary…]

Imagining Sharma’s exaggerated performance made it seem almost comical, but Emily appeared genuinely distressed.

After listening to her entire story, I spoke with sincerity.

"You must have gone through a lot. Don’t worry. I will help you."

After making that promise, I offered another suggestion.

"A journalist is currently investigating Theranos’s bizarre termination practices. Would you be willing to give an interview?"

[A journalist?]

"I tipped them off. This kind of issue shouldn't be covered up. You see, I just can’t stand idly by when I see injustice."

Let’s just go with that.

After all, these days, I was practically the rising star of human rights activism, boldly standing up against racism in front of a great white shark.

But would she really believe that I would go this far for sothing with no personal stakes?

[Ah.]

She believes it.

She actually believes it.

"Then, if the interview is… conducted only by phone…"

So, the fire under her feet has finally been lit?

She’s surprisingly cooperative.

Well, nothing fuels courage like a sense of crisis.

This was already a significant achievent.

Just as I was about to wrap up the call with satisfaction,

[Um, I… just wanted to say, thank you.]

An unexpected comnt ca through the receiver.

[Honestly, I've been struggling with this all alone, unable to tell anyone. But you reached out to first… I'm really grateful.]

Hmm. That stings my conscience a little.

After all, everything she went through was sothing I deliberately orchestrated.

But, well, in the end, this process will help her too.

"Don’t ntion it."

***

The promise I made to Emily was not an empty one.

I actually searched for a law firm to represent her case.

A firm recomnded by Raymond.

I had considered Cravath & Swain, but the potential conflict of interest was too great, so I chose another firm.

"Oh? The orca?"

The lawyer recognized and looked montarily startled.

But upon hearing Emily’s case, his expression imdiately turned serious.

"Given the circumstances, she has a strong chance of winning a wrongful termination lawsuit. Even if she resigned voluntarily, we could argue constructive discharge."

"Constructive discharge?"

"It refers to situations where an employee is essentially forced to resign due to intolerable working conditions."

"But won’t the NDA be an obstacle? Her testimony might be limited."

"It shouldn't be a major issue. This is a case about workplace conditions, not classified business information."

Hearing that Emily had a high chance of winning was good news.

But this wasn’t the end.

"In fact, there are dozens of similar victims."

"What? Dozens?"

"The ones I’ve identified alone exceed twenty."

When I ntioned the number of forr employees I had contacted through a private investigator, the lawyer’s expression changed dramatically.

I pulled out the question that must have been floating in his mind.

"What if we consolidate these cases into a class-action lawsuit?"

"A class-action lawsuit…"

The lawyer unconsciously swallowed dryly.

Class-action lawsuits allow for more efficient use of resources, significantly reducing litigation costs.

More importantly, they attract dia attention—an excellent opportunity to boost a law firm’s reputation.

"A class-action suit requires approval from our partners. Please wait a mont."

He quickly left the office, returning about fifteen minutes later with a middle-aged female attorney.

"I heard you're considering a class-action lawsuit."

She, presumably a senior partner, listened attentively to the case overview.

Overall, her response was positive, but one obstacle remained.

"Class-action lawsuits require careful handling. The financial burden is also a major consideration."

Most class-action suits operate on a contingency fee basis.

The law firm covers all expenses upfront and only gets paid if they win, taking a percentage of the settlent.

If they lose, the firm bears all the costs.

That’s why they had to be cautious—it could all backfire on them.

However, alleviating their concerns wasn’t difficult.

"I will cover all costs in the event of a loss."

"What…?!"

"I'm saying that I will personally sponsor this lawsuit."

"But why…?"

"I just can't stay silent in the face of such injustice."

"Ah."

She believes it.

Well, as I ntioned, I’m already known as the daring figure who stood up against racial discrimination in front of a great white shark.

It wouldn’t be out of character for to support those facing unjust treatnt.

"Of course, my financial support only applies if we lose."

In reality, the chances of losing were incredibly low.

By the ti the lawsuit gained montum, the Theranos scandal would have already exploded worldwide.

"Here’s a list of potential plaintiffs."

I handed them a roster of forr Theranos employees.

Now, motivated by fa and fortune, the lawyers would start reaching out and encouraging them to join the lawsuit.

‘That settles one issue.'

The class-action lawsuit against Theranos was now officially underway.

This was an undeniable fact.

The key point was that this information wasn’t sothing I had obtained as an investor.

Which ant that even if I reported it to the board, it wouldn’t violate my NDA.

In other words, I had sothing to take to Grandpa Kissinger.

But this alone wasn’t enough.

That evening, I t with the journalist, Jonathan.

It was our first eting since California.

He had only returned to New York this morning.

"How was your investigation?"

"It went well enough. Can we start the interview?"

"Of course."

Today, I would also be an interviewee.

Jonathan had agreed to publish Emily’s story as an article.

And since Jonathan’s article would be publicly available, it wouldn’t violate my NDA.

aning I could freely report all of it to Grandpa Kissinger.

Anyway.

"When will the article be published?"

"If it's just about the wrongful termination case, it should take a day or two—unless the legal team intervenes."

"And what about the final article?"

The one being drafted today was just a minor piece about workplace harassnt, ant for leverage.

The real priority was the ‘big’ article Jonathan was working on.

The one that would expose Theranos’s fraudulent sche.

But when I asked about the estimated publication date, Jonathan’s expression darkened.

"…That depends… We need more ti for fact-checking and securing witnesses."

I nodded.

In my past life, that article wasn’t published until the following year.

I had already accelerated the tiline by a full year, so it was natural for things to still be incomplete.

"But it won’t take more than a month, right? I want everything wrapped up within two months."

"Two months…"

Jonathan’s expression was grim.

With a sigh, he continued.

"Honestly, even if the article cos out on ti, two months is unrealistic. Resolving this will require a district attorney’s investigation, but we don’t have enough hard evidence yet."

So just publishing the exposé wouldn’t be enough to make the prosecutors act.

There wasn’t enough concrete proof.

The key piece of evidence—the technology—was locked away behind a wall of exclusivity.

And the employees were bound by their NDAs, keeping their mouths shut.

"Not only is the evidence insufficient, but influential figures are also involved, which makes it even more difficult. Unless there's overwhelming public pressure, the authorities won’t take action."

Even in my past life, things had dragged on.

Even after the exposé was published, Theranos shalessly made excuses, the board continued to support Hols, and the prosecutors just sat on their hands.

For about a year, only regulatory agencies like the CMS conducted inspections, gathering evidence.

It wasn’t until later that a full-scale investigation began, and the lawsuit itself took a whopping two and a half years.

Of course, I had no intention of waiting that long.

Two and a half years was far too long for soone with limited ti left.

"It’s fine. Once I persuade the board, things will move faster."

"But… do you really think the board will take our side? They would have to admit their own mistakes…"

"Not only will they admit it, but they’ll publicly abandon Hols."

"Hmm…"

Jonathan still seed skeptical.

"I don’t doubt you, but Hols is skilled at distorting the truth. Besides, the board mbers seem to have a special fondness for her…"

"This ti will be different."

"What makes you so sure?"

Because I was getting involved personally.

But perhaps it would be better to give him a little hint.

That way, the article would be shaped in the direction I wanted.

I looked Jonathan straight in the eye and said,

"Family doesn’t always stand by your side. Even a granddaughter can be abandoned under the right circumstances."

If the situation beca too dire, even family wouldn’t protect her.

And with the information I had, I could easily create that situation.

"Everything will work out. I’ve never failed to persuade soone before."

And before I knew it, Saturday had arrived.

It was finally ti to et Kissinger.