Cool thought process, but the real reason Elizabeth Holmes would not go to prison if she pulled that shit today is much, much simpler: She would know to make a nice sized donation to the current administration (or a sweet business deal for one of his family members), and the justice system would simply be completely hands-off her. She'd give 5% equity to Jared Kushner or something, and go on committing fraud with confidence. It's not complex anymore. Pay to play.