NEW YORK (AP) — Charlie Javice, the founder of a startup company that promised to revolutionize the way college students apply for financial aid, was sentenced Monday to more than seven years in prison for cheating JPMorgan Chase out of $175 million by greatly exaggerating how many students it served.
Javice, 33, was convicted in March of duping the banking giant when it bought her company, called Frank, in the summer of 2021. She made false records that made it seem like Frank had over 4 million customers when it had fewer than 300,000.
Addressing the court before she was sentenced, Javice, who was in her mid-20s when she founded the company, said she was “haunted that my failure has transformed something meaningful into something infamous.”
Sometimes speaking through tears, she said she “made a choice that I will spend my entire life regretting.”
Judge Alvin K. Hellerstein largely dismissed arguments by Javice's lawyer, Ronald Sullivan, that he should be lenient because the negotiations that led to Frank's sale pitted “a 28-year-old versus 300 investment bankers from the largest bank in the world."
Still, the judge criticized the bank, saying “they have a lot to blame themselves” after failing to do adequate due diligence. He quickly added, though, that he was “punishing her conduct and not JPMorgan’s stupidity.”
Javice was among a number of young tech executives who vaulted to fame with supposedly disruptive or transformative companies, only to see them collapse amid questions about whether they had engaged in puffery and fraud while dealing with investors.
Her prosecution drew comparisons to the case against Elizabeth Holmes, the founder of a blood testing company, Theranos, that collapsed amid fraud allegations.
Javice, who lives in Florida, has been free on $2 million bail since her 2023 arrest. The judge said she could remain free while she appeals the verdict. She was convicted of conspiracy, bank fraud and wire fraud charges. Her lawyers had argued that JPMorgan went after Javice because it had buyer’s remorse.
A graduate of the University of Pennsylvania’s Wharton School of Business, Javice founded Frank to launch software that promised to simplify the arduous process of filling out the Free Application for Federal Student Aid, a complex government form used by students to apply for aid for college or graduate school.
Frank’s backers included venture capitalist Michael Eisenberg. The company said its offering, akin to online tax preparation software, could help students maximize financial aid while making the application process less painful.
The company promoted itself as a way for financially needy students to obtain more aid faster, in return for a few hundred dollars in fees. Javice appeared regularly on cable news programs to boost Frank’s profile, once appearing on Forbes’ “30 Under 30” list before JPMorgan bought the startup in 2021.
Sullivan told Hellerstein that his client was very different from Holmes because what she created actually worked, unlike Holmes, “who did not have a real company” and whose product “in fact endangered patients.” Sullivan said the bank rushed its negotiations because it feared another bank would acquire Frank first.
A prosecutor, Micah Fergenson, though, said JPMorgan “didn’t get a functioning business” in exchange for its investment. “They acquired a crime scene.”
Fergenson said Javice was driven by greed when she saw that she could pocket $29 million from the sale of her company.
“Ms. Javice had it dangling in front of her and she lied to get it,” he said.
And in seeking a long prison sentence for Javice, prosecutors cited a 2022 text she had sent to a colleague in which she called it “ridiculous” that Holmes got over 11 years in prison in the Theranos case.
Prosecutors added that the message was “desperately needed” because of “an alarming trend of founders and executives of small startup companies engaging in fraud, including making misrepresentations about their companies’ core products or services, in order to make their companies attractive targets for investors and/or buyers.”