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

[Seattle1]

After this, Sunny must feel a lot more nervous about his own chances.

Actually, he's probably feeling pretty good for a couple of reasons. For one, the SEC fraud charges against SB are yet to be litigated in court and won't be heard until after the conspiracy & wire fraud case are concluded. (EH was convicted today on the Investor conspiracy and wire charges).

When the feds separated the two defendant's cases, EH/Theranos settled with SEC for $500M +. I believe there's a good portion of evidence used against EH that will probably end up suppressed in SB's case because his SEC fraud case hasn't been heard/settled.

SEC.gov | Theranos, CEO Holmes, and Former President Balwani Charged With Massive Fraud

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
1h

Holmes is sitting in the courtroom with her hands in her lap. Judge Davila thank the jury asks the jury if they have any suspicion that their deliberations were being "monitored or recorded in any way." They shake their heads, indicating no.

Dorothy Atkins@doratki
1h

The judge says he wants to meet with the jurors to chat with them to "extend my personal gratitude." Court is taking a break. Holmes stood and gave each member of her family a hug before disappearing with her attorneys in a side room.

Dorothy Atkins@doratki
1h

After a four month trial, the jury convicted Elizabeth Holmes of conspiring to defraud investors and defrauding the DeVos family investment arm, a hedge fund manager and a former Cravath trusts and estate partner. They unanimously cleared her of charges she defrauded patients.

Dorothy Atkins@doratki
1h

Elizabeth Holmes is convicted of conspiracy and three counts of defrauding investors - the Devos family's firm, a hedge fund manager and an ex-BigLaw partner. But cleared her on charges she defrauded patients. A sentencing hearing hasn't yet been set.

BREAKING: Jury Convicts Ex-Theranos CEO Elizabeth Holmes Of Fraud - Law360


Dorothy Atkins@doratki
1h

In the courtroom, prosecutors Jeff Schenk, Robert Leach and John Bostic look relaxed and are chatting. We're waiting for the judge to come back, along with Holmes and her attorneys. The courtroom has cleared out, presumably b/c folks want to try to catch jurors outside.

 

[whitelilac]

Will she use her fake baritone in prison..... ? Just a random thought that popped into my head.

She gives me the creeps.
Earlier today I watched a 5 minute video where she spoke in that bizarre low tone (can't remember where), and her eyes were exaggeratingly wide and staring ....gah, really weirded me out. Why does she do that?

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
1h

Holmes' counsel Lance Wade is back in the courtroom for a brief moment. He picked a book up off the defense's counsel table and flipped through it before landing on a page and walking back into the side room (where Holmes is) while reading intently. He looks tired.

Dorothy Atkins@doratki
1h

The clerk comes back, and tells the attorneys that the jurors are open to talking with them about the verdict, but jurors want to speak in chambers and not in the main courtroom.

Dorothy Atkins@doratki
1h

The clerk just led the prosecution's trial team and some defense attorneys to chambers to talk to some of the jurors who have agreed to talk. "Those that wanted to stay have stayed," she says. Holmes' counsel Lance Wade and Kevin Downey decided not to join them.

Dorothy Atkins@doratki
1h

Holmes' attorney Kevin Downey and Lance Wade are sitting alone at defense counsel table staring down quietly. They just declined a request for comment from another reporter.

Dorothy Atkins@doratki
1h

Elizabeth Holmes is back in the courtroom. Judge Ed Davila is on the bench. "Counsel, any thoughts about next steps?" Prosecutor Jeff Schenk asks the judge to set a status hearing next week on the 3 counts that were not unanimous.

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
1h

The judge finds a mistrial on the three wire fraud counts related to investors Black Diamond exec Chris Lucas, Hall Group exec Bryan Tolbert and former money manager Alan Eisenman. Schenk says he'll tell the court next week about what the DOJ wants to do (ie. retry those counts)

Dorothy Atkins@doratki
1h

Judge Davila says he wants to hold off on referring Holmes to probation. Schenk says the gov't isn't going to ask Holmes to be detained today, but they want her on bail on a secure bond, as opposed to her current unsecure bond. (Meaning the feds want money.)

Dorothy Atkins@doratki
1h

Holmes' counsel Kevin Downey says if there are any changes in the verdict "we oughta wait" on getting Holmes through pretrial services. Judge Davila says he just received a note from pretrial services and they're here now to start processing her info. They're efficient, he says.

Dorothy Atkins@doratki
1h

Schenk clarifies that the government wants either cash or property to secure Elizabeth Holmes' bond. Kevin Downey says they need a chance to review assets and he'll have a discussion w/ prosecutors about "what he wants" over the next few days.

Dorothy Atkins@doratki
1h

The judge set the next status conference for Jan 12. No sentencing hearing date has been set yet. For those unfamiliar w/ criminal procedure, it'll be at least a month or 2 before that hearing and the parties file all their briefs.

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
1h

Courthouse security kicked everyone except Holmes’ family out of the courtroom, b/c they’re locking up. Holmes’ family members sat staring ahead as I left. I was told they were holding hands.

Dorothy Atkins@doratki
1h

Elizabeth Holmes just exited the courthouse holding hands with her family. They’re immediately surrounded by cameras which followed them for blocks. No juror wanted to speak to the press. I’m out

 

[mickey2942]

This whole, okay, you are convicted, guilty. Sure, go home until we decide on sentencing, whenever that will be. Really burns me.

She should at least have an ankle monitor, and be on house arrest until sentencing. Not that would be so bad. But, something...

 

[Tugela]

Painting, crafts, exercise, how nice. I would totally love to take a break from my life and have an all expense paid trip there. Oh, yeah, I work 40 plus hours a week.

Sorry. It just burns me to hear about all of their leisure activities. I think that they should carry rocks all day, sort of like "Les Miserables". Get water and hard tack for food.

The whole "camp" atmosphere, just oozes with "specialness" and "entitlement". Tanning. Tennis. Yoga. Yeah. Prison?!

It is still prison. She is/was a billionaire, it will put a serious cramp in her lifestyle. Even low security prisons are NOT summer camps.

 

[Tugela]

really want to know the reasoning for the not guilty counts

Because most of the not guilty verdicts were for charges involving patients. The company did the tests, the tests just were not accurate, or were done using conventional testing and not their machine. Fraud in that instance would have been committed by the company, not her personally. Also, since the testing was done through a third party company that was interacting with patients, those third party companies would have been the fraud victims, not individual patients.

In her case the guilty verdicts would have been for misrepresentations she made directly to investors.

There were some hung counts involving individual investors. I did not follow the proceedings of the trial, but my guess is that in those instances the evidence was less clear.

 

[RickshawFan]

Wondering if defense trying to throw blame at the various lab directors and lab personnel muddled the waters enough for doubt

Jurors didn't know the extent of the problem with patients, though. The judge wouldn't allow the prosecution to bring it up.

 

[Herat]

She is going to be away from her child growing all the years she is in prison.

But I hardly think that really bothers her. I think she is a complete sociopath and it's actually better to have the child away from her in it's formative years.

I do really hope she is put away for a number of years. Like 10 or more.

 

[RickshawFan]

After this, Sunny must feel a lot more nervous about his own chances.

Didn't he plead guilty? That would get him a more favorable sentence than if he goes to trial...IIRC

BIG one: the jury didn't buy that EH was abused by SB. No sympathy at all for the "pretty young white woman" with a big ol' guy bullying her around.

Sentencing is going to be interesting. If EH doesn't cop to whatever she was convicted of (I guess, provided her appeals are exhausted), she'll have a much harder time than if she shows contrition.

Can the prosecution file new charges on behalf of OTHER patients?

 

[mickey2942]

She is going to be away from her child growing all the years she is in prison.

But I hardly think that really bothers her. I think she is a complete sociopath and it's actually better to have the child away from her in it's formative years.

I do really hope she is put away for a number of years. Like 10 or more.

I personally think that the child was planned for the trial. Too bad the trial was delayed. That baby is probably far better off away from her. INMO.

 

[RickshawFan]

I don't understand why she is free on bail until sentencing. Josh Duggar was convicted in federal court, and went straight to jail. Jussie Smollett, convicted in state Court, free on bail.

Some people, straight to jail, others, free on bail until sentencing. Makes no sense to me. At least she was convicted. But with her significant access to assets, she could get on a private plane, and be gone.

IMO it was the nature of Duggar's crime that got him instantly remanded. Plus, he has a history of child sexual assault, plus he can't control himself, plus he was convicted of viewing the most heinously graphic sexual assaults on children that you could possibly imagine... He was an immediate danger to others, and he hangs around children ALOT.
Maybe EH will have to wear an ankle bracelet? She'll get her passport confiscated. Why would she risk her appeal by fleeing? No one will want to fly her anywhere: they'd get charged for obstruction or something, surely. And how great will it look to an appeal jury if she dumps her kid to flee?
I wonder if her husband will divorce her and sue for custody...
I wonder if she could get state charges on behalf of other patients?

EH having to submit to strip searches every time she has a visit....

 

[RickshawFan]

Painting, crafts, exercise, how nice. I would totally love to take a break from my life and have an all expense paid trip there. Oh, yeah, I work 40 plus hours a week.

Sorry. It just burns me to hear about all of their leisure activities. I think that they should carry rocks all day, sort of like "Les Miserables". Get water and hard tack for food.

The whole "camp" atmosphere, just oozes with "specialness" and "entitlement". Tanning. Tennis. Yoga. Yeah. Prison?!

I thought you couldn't go to a camp if you had a long sentence?

 

[RickshawFan]

Will she use her fake baritone in prison..... ? Just a random thought that popped into my head.

I'm thinking she'll have to continue, otherwise she's going to become everyone's punching bag for being a faker.

EH seems to be quite convincing to men (thankfully not the jury), but not AT ALL convincing to women. Women IME tend to see her as a fraud right off the bat. She's gonna have a whole new "sorority".

 

[RickshawFan]

On a side issue I find this verdict distasteful: the rich and entitled won their case, the people from the house next door who were in life threatening situations lost theirs. This doesn't seem right. But the judge excluded the victim testimony about what the fallout from the bad tests was.

 

[RickshawFan]

Well, he was the "mastermind". Poor Lil EH, was just hoodwinked. Glad the jury saw past the batting eyelashes.

Funny thought: her eyelashes never bat, 'cos she doesn't blink!

 

[RickshawFan]

Painting, crafts, exercise, how nice. I would totally love to take a break from my life and have an all expense paid trip there. Oh, yeah, I work 40 plus hours a week.

Sorry. It just burns me to hear about all of their leisure activities. I think that they should carry rocks all day, sort of like "Les Miserables". Get water and hard tack for food.

The whole "camp" atmosphere, just oozes with "specialness" and "entitlement". Tanning. Tennis. Yoga. Yeah. Prison?!

I would imagine, if she acts entitled, she could trip over her own feet and end up in solitary.

 

[UndiscoveredTruth]

Evan Sernoffsky@EvanSernoffsky
2h

Elizabeth Holmes guilty on 4 counts in #Theranos fraud trial. 3 wire fraud, 1 conspiracy

Jury finds Elizabeth Holmes guilty of fraud and conspiracy


Evan Sernoffsky@EvanSernoffsky
3h

Media awaiting Elizabeth Holmes at SJ federal courthouse after guilty verdicts today on 4 of 11 counts #Theranos

Evan Sernoffsky@EvanSernoffsky
2h

Elizabeth Holmes leaves court in swarm of media after 4 guilty verdicts in #Theranos fraud scheme

Evan Sernoffsky@EvanSernoffsky
2h

Awaiting possible word from US atty’s office following 4 guilty verdicts in Elizabeth Holmes case #Theranos

Evan Sernoffsky Retweeted

Nic Coury@photographNic
1h

Reporter
@EvanSernoffsky

(right) adds mood to a photo of Elizabeth #Holmes leaves federal court after being found guilty on four counts of fraud in San Jose, Calif., Monday, Jan. 3, 2022. (AP Photo / Nic Coury)