This wasn't just product fraud. It wasn't just money lost. Non-investors had their lives ruined from wrong medical advice being given. People died as a result.
I think the bhopal disaster is a rough comparison for how gross negligance that cannot be attributed to 'mistakes' do lead to convictions. https://www.goldmanprize.org/blog/eight-people-convicted-on-...
Th court disagrees with you.
U.S. v. Holmes, et al. ended in January 2022 when Holmes was convicted of defrauding investors, and acquitted of defrauding patients.
There is literally another man who is in jail for the same crimes, and he got a sentence that is two years longer.
Gender discrimination and unbalance is undeniable, but in this case. I don't believe it is playing a large role, and I don't believe it is influencing in the direction that you believe it to be.
You listed a lot of closed questions, with a heavy implication of bias (or something.."I'm just asking the questions!").
Yet despite providing no answers, this ALL bugs you.
If you've got something to say, come out and say it.
Another narrative that might work is: it's hard to be a female founder, so only the most "bold" (in whatever way you want) get investment, and it was precisely this investment that ended up being the reason she is being punished. i.e. as a man it's easier to get investment so men don't have to resort to fraud. Maybe combine that with investors being more likely to be defrauded by a woman because they let their guard down more. I don't know. This narrative is too full of stereotypes and I'm not sure I like it, and I'm sure men have resorted to fraud to get investment, just maybe not as popular. Maybe also add that being a prominent female founder gave her more fame than the average guy in the same role, exacerbating the problem and potentially the punishment?