Yeah, they are splitting hairs. She's in prison for investor fraud instead of patient fraud for because investor fraud is drastically easier to prove (the same reason Al Capone when to jail for tax evasion and not something else).

She told well-documented lies to investors that made it a much more attractive investment. They invested and lost money. It's basically public information who the victims are. Clear-cut fraud and very easy to prove.

For patient fraud, you probably need to track down the people who were actually harmed in a material way (attempted fraud isn't a crime). That's going to be a small subset of the people who got tests and it's going to be hidden away in private medical records. Doable if they really had to, but why bother when you have a slam-dunk case for something else.