CA - Elizabeth Holmes (Theranos) Wire Fraud Thread *Guilty* #2

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Cory Booker writes letter of support: my question is WHY????
If she was a man I can assure you he would not be writing a letter of support
This article is behind a paywall
I campaigned for him! Gaaaah i am so upset, I will call his office tomorrow and complain!!
 

11/15/22

The sentencing will be held in federal court in San Jose. NBC Bay Area will have live coverage of the sentencing starting at 10 a.m. Friday. Tune in then or check back on this page to view a live stream of our coverage.

NBC Bay Area business and tech reporter Scott Budman will also be live tweeting from the courthouse. Follow @scottbudman on Twitter for the latest updates.

Watch Live at link above.
 
She'd better get some actual time, not House Arrest, ot I'll be so upset! I hope that the victims file a Civil Suit against her.
But, didn't you read above? Elizabeth Holmes is "indigent". She has no means of gaining employment or any marketable skill. She is a selfless humanitarian now, who donates her time as a rape crisis counselor, working with abused women. Elizabeth Holmes was a victim of rape and domestic violence.

Apparently, Elizabeth Holmes is completely destitute.
 
Friday, November 18th:
*Sentencing Hearing (@ 10am PT) - CA – for *Elizabeth A. Holmes (34/now 38) (CEO of Theranos) charged (March, 2018) & indicted (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud and charged & indicted (4/11/20) with fraud relating to a patient's blood test. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. $500K unsecured bond. Out on bond. Faces a maximum sentence of 20 years in prison & up to $2.75 million in fines, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Holmes released on $500K bond secured by property.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 8/31/21 with jury selection & completed on 9/1/21. 12 jurors of 7 men & 5 women (6 Caucasians, 4 Hispanics & 2 Asians) with five alternates (3 men & 2 women). Juror #7 excused & replaced with alternate #1. Now jurors are 8 men & 4 women. Alternates 2 men & 2 women. 10/6/21: Juror #4 excused & replace with alternate #2. Now jurors are 8 men & 4 women. Alternates 2 men & 1 woman. 10/22/21: The judge excused Juror #5, moving up the third alternate to replace the juror. Both are women. No word on why the juror was excused. Now jurors are 8 men & 4 women. Alternates: 2 men. Judge Edward J. Davila.
Trial began on 9/8/21 & ended with closing arguments on 12/17/21. Jury began deliberations on 12/17: ½ an hour. 12/20: 6 ½ hours with 1 hour lunch. 12/21: ~7 ½ hours. 12/23: ~7 ½ hours. 12/27: ~7 ½ hours. 12/28: ~7 ½ hours. 12/29: ~7 ½ hours. 1/3/22: 6 hours 20 minutes. Total: ~51 hours. Verdict on 1/3/22: Count 1 - conspiracy to defraud investors GUILTY, Count 2 - conspiracy to defraud patients NOT GUILTY, Count 3 - wire fraud Alan Eisenman $99k NO VERDICT, Count 4 - wire fraud Black Diamond Chris Lucas $5.3M NO VERDICT, Count 5 - wire fraud Hall Group Bryan Tolbert $4.9M NO VERDICT, Count 6 - wire fraud Brian Grossman $38M GUILTY, Count 7 - wire fraud DeVos family $100M GUILTY, Count 8 - wire fraud former Cravath attorney Dan Mosley $6M GUILTY, Count 9 - wire fraud count for the patient Erin Tompkins who received bogus HIV results NOT GUILTY, Count 10 - wire fraud patient Mehrl K. Ellsworth who received bogus prostate cancer tests NOT GUILTY & Count 11 - wire fraud $1.1M ads that Theranos paid in the Arizona market NOT GUILTY. Government will dismiss counts 3, 4 & 5. Sentencing hearing on 9/26/22 & rescheduled on 10/17/22 & rescheduled to 11/18/22.

Indictment & court info from 4/11/20 thru 8/26/21 & on 9/30/21 & on 11/2/21 & jury selection (Day 1-3) 8/31 to 9/2/21 & trial & jury deliberations 9/8 thru 1/3/22 (Day 46/Verdict watch: Day 1-8) & 9/8 to 12/16/21 & motions hearing on 11/8, 11/19 & 12/7/21 & charging conference on 12/3 & 12/10/21 thru 10/3/22 reference post #497 here:
https://www.websleuths.com/forums/t...s-theranos-wire-fraud-thread-2.604309/page-25

10/16/22 Update: Evidentiary motions hearing on 10/17/22. Motion to Quash hearing on 10/31/22 has been vacated. Sentencing on 11/18/22.
10/17/22 Update: Holmes is pregnant with her second child, a key prosecution witness told a judge at a hearing today. U.S. District Judge Edward Davila quizzed former Theranos lab director Adam Rosendorff, who made an uninvited visit to Holmes' Silicon Valley home in August. On Friday, Judge Edward said during a Zoom hearing that he intended to ask Rosendorff a few questions about why he visited Holmes' home and whether the visit was driven by any doubts about the testimony he gave under oath during six days of the trial last year. Davila emphasized that he expected the hearing to be brief and limited in scope after quashing a subpoena from Holmes' lawyers seeking any non-privileged communications about his testimony.
for more info see post #498 (article) here:
https://www.websleuths.com/forums/t...s-theranos-wire-fraud-thread-2.604309/page-25

11/7/22 Update: Judge Edward Davila denied all three of Holmes' motions requesting a new trial. A sentencing hearing, previously scheduled for last month, is now set for 11/18/22.
11/9/22 Update: Holmes & her legal defense team are asking for an 18-month period of house arrest, as opposed to the maximum 80 years of potential jail time the Theranos founder faces. In a lengthy memo pleading for leniency, Holmes requested that the court “look beyond that caricature,” of her in the media & “examine Ms. Holmes the human being.”
*Ramesh “Sunny” Balwani (53/now 57) (CFO & President of Theranos) – Trial began on 3/22/22 & ended on 7/7/22 with a guilty verdict on all 12 counts. Sentencing hearing on 12/7/22.
 
Couldn't find a live stream - but did find a twitterer...

scott budman
@scottbudman
·
48m
#Breaking: Elizabeth Holmes has arrived at the courthouse for her sentencing.

9m
#Update: We’re under way.
Judge Davila is here presiding.
Elizabeth Holmes is on her way to be sentenced after being found guilty on four charges of fraud.

7m
#Update: Elizabeth Holmes is visibly pregnant.
The judge just offered to let her stay seated for the proceedings if she wishes.

The hallway outside the courtroom is now packed as we wait for it to open, and for Elizabeth Holmes to arrive.
@JohnCarreyrou
is here; signing copies of his book “Bad Blood.”



link: https://twitter.com/scottbudman?ref...ws/local/elizabeth-holmes-sentencing/3078937/
 
But he isn't twitting much...


scott budman
@scottbudman
·
8m
#Update: The judge says probation officers recommend Elizabeth Holmes spend 9 years in federal prison.
(One of the things the judge takes into account).

Prosecuting attorney claims Elizabeth Holmes at one point wrote: "They don't put attractive people like me in jail."

That got some people shifting in their seats.

link: https://twitter.com/scottbudman?ref...ws/local/elizabeth-holmes-sentencing/3078937/
 
So far...

Dorothy Atkins
@doratki
Good morning from San Jose! It’s 5:40 a.m. and I’m wide awake, waiting outside the San Jose federal courthouse for Elizabeth Holmes’ sentencing hearing, which is set to begin in just over 4 hours. I’m the 30th person here. Standby for tweets…

2h
A courthouse officer just told people waiting outside Judge Davila’s courtroom that they’re not allowed to sit on the floor while we wait and they must either sit on the courthouse’s hard wooden benches or stand. That’s a new rule I hadn’t heard of.

It's pretty quiet in the courthouse. Folks are pacing the hallway, waiting for the courtroom doors to open. We've still got about another 1.5hr before Elizabeth Holmes' sentencing hearing starts. The name of the game at the moment is preserving power in electronic devices

People keep looking at the calendar outside the courtroom. Elizabeth Holmes’ sentencing is the only item on Judge Ed Davila’s calendar today. Some folks are getting ancy about the courtroom being closed.

A courthouse officer just came by and said it’ll be a little longer before the courtroom doors open and everyone is required to wear masks once inside.

Elizabeth Holmes’ attorney Kevin Downey just arrived along with co-counsel. He looked tired. Holmes must be close.

Holmes’ family arrived log-jamming the hallway. The courthouse officer just made an announcement that they’ll be opening the courtroom doors in about 5 mins. No pictures, no hat wearing and no disturbances allowed, he says.

The courtroom doors are open and there's been a hectic rush to grab a seat in the gallery, which quickly filled up. The clerk is playing terrible elevator music on the courtroom's audio. (If I were being sentenced, this is the absolute last kind of music I would want to hear.)

The first two pews in the gallery behind defense counsel table filled with Elizabeth Holmes' family and friends - one lady asked me to move so she could sit next to her friend for support. I obliged. With this music, it feels like we're in a funeral home.

We're all here in the courtroom, including Elizabeth Holmes. We're just waiting for Judge Ed Davila to get this show on the road.

A bunch of well dressed clerks, or maybe law school students, just filed into the courtroom and sat in the jury box. The clerk cut off the music thankfully. Judge Davila is on the bench. (For those of you who think this is going to be quick, hate to break to to ya but it won't.)

Judge Ed Davila is recapping the jury's verdict: Elizabeth Holmes was convicted on four fraud and conspiracy charges for defrauding investors, but she was acquitted of patient fraud charges, and jurors hung on some investor fraud counts.

Judge Davila said he reviewed the sentencing briefs, the presentence report, and a chart from the gov't about investor loss calculations, as well as letters in support of Elizabeth Holmes - some which were filed as late as last night.

The attorneys are arguing over whether the judge can consider Elizabeth Holmes' alleged "reckless disregard" for patients in her sentencing, even though she was acquitted of patient fraud charges. Prosecutor John Bostic says "Ms. Holmes' conduct toward patients is in the record."

Bostic says a big portion of trial focused on the problems w/ the tech, and Holmes knew of the problems and that inaccurate results are serious. Bostic says Holmes wrote, "They don't put attractive people like me in jail." (I don't recall seeing that evidence at trial.)

Holmes' counsel Kevin Downey argues Bostic was citing witnesses - Kevin Hunter and Tyler Shultz - who never took the stand at trial and who were never subject to cross, and evidence that was never presented at trial.

Holmes' counsel argues that prosecutors are asking the court to disrespect the jury's verdict acquitting her of patient fraud charges.




link:
 
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