Healthcare is a heavily regulated safety-critical field, and for good reason. Holmes picked the wrong field to commit fraud in. Patients or their physicians made therapeutic decisions on bogus technology, some lost money, some pay even have died. It's not about investor money, it's about public health and about a demonstration that the system works.
I'm not arguing she would have gotten away with it if there was still some assets to defend, just that when it comes to "big fish" actually being prosecuted, she doesn't really qualify because she's basically already gutted. That the industry is heavily regulated with heavy penalties might have made her a good contender to for a big fish being held to account for misconduct (in a specific industry at least), but situation is different enough it's not (and won't be) indicative of how very powerful people are held to account.
