Elizabeth Holmes returns to court docket in bid to keep away from jail

SAN JOSE, Calif. — Disgraced Theranos CEO Elizabeth Holmes on Friday made what could be her closing court docket look earlier than starting a 11-year jail sentence, until a decide grants her request to stay free whereas her legal professionals enchantment her conviction for masterminding a blood-testing hoax.

The 90-minute listening to got here 4 months after Holmes’ final court docket listening to. That was when U.S. District Choose Edward Davila sentenced her for duping buyers in Theranos, a startup she based 20 years in the past and rode to fleeting fame and fortune on her guarantees of a revolutionary blood-testing expertise.

Earlier than the listening to began, a person within the viewers within the San Jose, California, courtroom tried to strategy the desk the place Holmes was sitting whereas carrying a doc in his hand. He was rapidly intercepted by safety officers who forcibly eliminated him. Holmes did not seem flustered by the disruption.

The proceedings ended with out a willpower whether or not Holmes, 39, will have the ability to keep out of jail whereas her enchantment unfolds or have give up to authorities on April 27, as at the moment scheduled. Davila stated he hopes to challenge his ruling in early April.

The decide earlier this month rejected an analogous bid to keep away from jail made by Holmes’ former lover and convicted Theranos confederate, Ramesh “Sunny” Balwani, who’s going through a virtually 13-year sentence after a jury discovered him responsible of 12 counts of fraud and conspiracy. Balwani, 57, was alleged to report back to a federal jail in Southern California Thursday, however his lawyer used a last-minute authorized maneuver to realize extra time.

Holmes got here to her St. Patrick’s Day listening to sporting a black blazer and blue skirt. She lately gave delivery to her second baby, in line with court docket paperwork that did not disclose the gender or delivery date.

Certainly one of her legal professionals, Amy Saharia, argued that Holmes needs to be allowed to stay free due to varied missteps within the presentation and omission of proof throughout her four-month trial that make it possible an appeals court docket will overturn her conviction on 4 counts of fraud and conspiracy.

“We predict the document is teeming with points,” Saharia asserted. She particularly cited Davila’s refusal to permit the jury to see a sworn deposition that Balwani gave throughout a Securities and Change Fee investigation into Theranos’ downfall that Holmes’ protection crew believes would have helped exonerate her.

Federal prosecutor Kelly Volkar countered there’s “no probability for reversal” of Holmes’ conviction and asserted that the trial documented seven totally different classes of deception that she engaged in whereas operating Theranos. A lot of the deceit centered on a tool dubbed “Edison” that Holmes had boasted would have the ability to scan for a whole lot of ailments and different well being issues with only a few drops of blood taken with a finger prick.

However the Edison produced such wildly unreliable outcomes that Theranos started counting on third-party testing gear already extensively used in the marketplace — a change that Holmes hid in an effort to maintain the corporate afloat.

“That was surprising to buyers,” Volkar reminded Davila.

The 2 opposing sides additionally sparred over how a lot restitution Holmes ought to pay defrauded buyers whose belief briefly boosted her wealth to $4.5 billion primarily based on Theranos’ peak worth earlier than its collapse.

Federal prosecutor Robert Leach argued her conviction for engineering a conspiracy justified restitution of practically $900 million to repay Theranos buyers swept up in her lies. “Simply to use frequent sense, the cash these buyers misplaced is the cash they put in,” Leach stated.

However Hollmes’ lawyer Patrick Looby countered that prosecutors had been means off base by pursuing an “all or nothing” restitution quantity. He famous that the jury in her trial could not attain a verdict on three counts of investor fraud, prompting the prosecutor to dismiss these costs. At most, Looby contended, Holmes’ restitution penalty needs to be restricted to the handful of buyers who testified throughout her trial.


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