I think this alone would probably be illegal?
This is not to mention all the other shady stuff that Theranos did in pitching investors. E.g., falsely claiming that they had machines being used in the field with the US Army, and that Johns Hopkins had validated results from their finger prick blood tests. This would also seem to be outright securities fraud?
Carreyrou may have exposed Theranos, but the sheer amount of illegality at the company seemed to have been going on for years.