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

[Seattle1]

U.S. District Court
California Northern District (San Jose)
CRIMINAL DOCKET FOR CASE #: 5:18-cr-00258-EJD All Defendants​

Case title: USA v. Holmes et al

Date Filed: 06/14/2018 Date Terminated: 12/07/2022

---

Assigned to: Judge Edward J. Davila Referred to: Magistrate Judge Susan van Keulen

Appeals court case number: 22-10312

11/18/2022	1660​	Minute Entry for proceedings held before Judge Edward J. Davila: The Court addresses objections to the Presentence Investigation Report. Arguments of Counsel heard. The Court rules on objections; Separate Order to issue. Sentencing held on 11/18/2022 for Elizabeth A. Holmes (1). Sentenced on Counts 1ssss, 6ssss-8ssss of the Third Superseding Indictment (ECF No. 469 , filed 07/28/2020) to 135 months BOP custody as to each counts 1,6-8 to be served concurrently, 3 years supervised release as to each counts 1,6-8 to be served concurrently; $400.00 special assessment (Restitution Hearing to be set). The Court adopts the Probation Officers recommendations as to the standard andspecial conditions of supervised release. Defendant shall self-surrender on April 27, 2023, at 2:00 PM to the designated facility; if a facility has not been designated, Defendant shall self-surrender to the U.S. Marshals office. All present conditions of release remain in effect until such surrender. The Court makes the following recommendation: The Defendant be designated to the Federal Prison Camp at Bryan, Texas. The Court finds that family visitation enhances rehabilitation. The Court requests Counsel meet and confer on a date for a restitution hearing and provide the Court with proposed dates. Plaintiff's Attorneys: Robert Leach, John Bostic, Jeffrey Schenk, Kelly Volkar. Defendant's Attorneys:Kevin Downey, Lance Wade, Amy Saharia, Katie Trefz, Patrick Looby, Andrew Lemens, JR Fleurmont, Richard Cleary, John Cline. Probation Officer: Kyle Pollak. Court Reporter: Irene Rodriguez. Time:10:11-11:55 AM; 12:21-2:15 PM (3 Hrs, 38 mins). Defendant Present:Yes. Defendant in Custody: No. (cfe, COURT STAFF) (Filed on 11/18/2022) (Entered: 11/22/2022)
11/19/2022	1655​	SENTENCING MEMORANDUM and Motion for Downward Departure Updated To Remove Certain Redactions by Elizabeth A. Holmes (Attachments: # 1 Declaration of Katherine Trefz In Support of Ms. Holmes' Sentencing Memorandum Updated To Remove Certain Redactions, # 2 Exhibit M (Previously filed under seal), # 3 Exhibit X (Previously filed under seal))(Downey, Kevin) (Filed on 11/19/2022) Modified on 11/21/2022 (cfe, COURT STAFF). (Entered: 11/19/2022)

12/05/2022	1675​	USCA Case Number 22-10312 for 1670 Notice of Appeal, filed by Elizabeth A. Holmes as to Elizabeth A. Holmes (Attachments: # 1 Attorney Appeal Packet, # 2 Notice to All Parties and Counsel)(cfe, COURT STAFF) (Filed on 12/5/2022) (Entered: 12/05/2022)
12/05/2022	1676​	MOTION For Release Pending Appeal by Elizabeth A. Holmes. Motion Hearing set for 1/23/2023 01:30 PM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (Attachments: # 1 Proposed Order)(Saharia, Amy) (Filed on 12/5/2022) (Entered: 12/05/2022)

12/30/2022	1707​	STIPULATION WITH PROPOSED ORDER Regarding Schedule for Restitution Hearing and Hearing on Motion for Release Pending Appeal as to Elizabeth A. Holmes filed by USA. (Leach, Robert) (Filed on 12/30/2022) Modified on 1/3/2023 (cfe, COURT STAFF). (Entered: 12/30/2022)
01/03/2023	1709​	ORDER Granting 1707 Stipulation Setting Briefing Schedule and Hearings. Motion Hearing as to Elizabeth A. Holmes re 1676 Motion for Release Pending Appeal set for 3/17/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Opposition due by 1/19/2023; Reply due by 2/23/2023 Restitution Hearing as to Elizabeth A. Holmes set for 3/17/2023 at 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Government Brief due by 2/3/2023. Defense Brief due by 3/3/2023. Signed by Judge Edward J. Davila on 1/3/2023. (crr, COURT STAFF) (Filed on 1/3/2023) (Entered: 01/03/2023)

CAND-ECF

ecf.cand.uscourts.gov

@Niner

 

[Seattle1]

12ft

Jan. 4, 2023

Federal prosecutors will fight Theranos founder Elizabeth Holmes’ bid to stay out of prison while she appeals her conviction for felony fraud.
Holmes, pregnant and the mother of a young son, was given a reprieve after being sentenced in November in U.S. District Court in San Jose to more than 11 years in prison. In handing down her sentence, Judge Edward Davila deferred the start of Holmes’ incarceration until April 27 in a decision legal experts believe was intended to allow her to give birth before she’s locked up.


Just looked on the court site & she is no longer has a court hearing on 1/23/23.... do not know "what" happened there!

The case docket is terminated after the appeal number was assigned.

Also, the 1/23/23 Motion for release and restitution have both been reset as follows:

Motion Hearing as to Elizabeth A. Holmes re 1676 Motion for Release Pending Appeal set for 3/17/2023 at 10:00 AM in San Jose

Restitution Hearing as to Elizabeth A. Holmes set for 3/17/2023 at 10:00 AM in San Jose

 

[Niner]

Thank you @Seattle1 for the updated info! Much appreciated!

 

[nyvictoria]

If this gets reset again for a date after she has the baby, I won’t be surprised if she tries to squeeze in another pregnancy.

I feel sorry for her children. I’m sure she’s grossly lacking in the maternal instinct department.

 

[Seattle1]

If this gets reset again for a date after she has the baby, I won’t be surprised if she tries to squeeze in another pregnancy.

I feel sorry for her children. I’m sure she’s grossly lacking in the maternal instinct department.

No change to her surrender date, only a misc hearing was reset! EH's surrender date to the Bryan Texas prison remains on April 27. (Balwani gets to stay in CA to serve his time).

Both of the convicted are fighting to stay out on bond while they appeal their sentences.

In federal court, I'm doubtful either will win this fight. On a constitutional basis, they've lost the presumption of innocence, and I also think they have weak arguments for appeal.

The last convict I recall that tried to stay out during her appeal and lost was Michelle Carter. And she was ready for release about the same time the Supreme Court denied taking up her appeal.

 

[LinasK]

Theranos Founder Elizabeth Holmes Must Enter Mental Health Program Post-Prison

Elizabeth Holmes, the founder of the failed blood-testing start-up Theranos, could be looking at a rigorous schedule even after she gets out of prison, one that involves her participating in a mental health program.

www.tmz.com

 

[Seattle1]

Theranos Founder Elizabeth Holmes Must Enter Mental Health Program Post-Prison

Elizabeth Holmes, the founder of the failed blood-testing start-up Theranos, could be looking at a rigorous schedule even after she gets out of prison, one that involves her participating in a mental health program.

www.tmz.com

I'm not putting much on this TMZ news for a couple of reasons:

EH was sentenced to slightly more than 11 years, followed by three years of supervised release, and her supervision, more than 11 in the future, is really at the discretion of the probation office. AND -- let's not forget that the probation report actually recommended a lesser sentence than the terms imposed by the court.

In other words, TMZ is reporting on the guidelines where the convicted are typically responsible for the costs of possible requirements directed by the probation officer.

Jeffrey Cohen, an associate professor at Boston College Law School and a former federal prosecutor, said it was somewhat surprising for a sentence to go beyond a probation report’s recommendation, but the high-profile nature of Ms. Holmes’s case had made it a symbol.

Elizabeth Holmes Is Sentenced to More Than 11 Years for Fraud

Ms. Holmes was convicted in January of four counts of fraud for deceiving investors with claims about her blood testing start-up Theranos.

www.nytimes.com

 

[sds71]

Theranos fraudster Elizabeth Holmes 'tried to flee to Mexico'

Theranos fraudster Elizabeth Holmes made an 'attempt to flee the country' by purchasing a one-way ticket to Mexico departing soon after her conviction last year, federal prosecutors have alleged.

www.dailymail.co.uk

Theranos founder Elizabeth Holmes still had a one-way ticket to Mexico after she was convicted of fraud

"The hope was that the verdict would be different and Ms. Holmes would be able to make this trip to attend the wedding of close friends in Mexico," an attorney for Holmes said in a filing.

www.nbcnews.com

 

[Countem]

Theranos fraudster Elizabeth Holmes 'tried to flee to Mexico'

Theranos fraudster Elizabeth Holmes made an 'attempt to flee the country' by purchasing a one-way ticket to Mexico departing soon after her conviction last year, federal prosecutors have alleged.

www.dailymail.co.uk

Theranos founder Elizabeth Holmes still had a one-way ticket to Mexico after she was convicted of fraud

"The hope was that the verdict would be different and Ms. Holmes would be able to make this trip to attend the wedding of close friends in Mexico," an attorney for Holmes said in a filing.

www.nbcnews.com

Quoted from the linked NBC article:

Holmes was found guilty […] on Jan. 3, 2022. Shortly thereafter, federal prosecutors allege in the filing, Holmes bought a flight to Mexico departing Jan. 26, 2022 without a scheduled return trip. The U.S. government became aware of the booking on Jan. 23, 2022. "Only after the government raised this unauthorized flight with defense counsel was the trip canceled," prosecutors say.

Wow. Just wow. That must have been an awkward phone call.

 

[Herat]

Once a fraud, always a fraud.

Yeah, and how about her husband flying to Mexico and then returning back to the US 6 months later from South Africa?

Setting up a hideout?

 

[LinasK]

What a piece of work she is! I should be surprised, but I can't say that I am. When her fleeing to Mexico plot didn't work, she got pregnant again to delay her going to prison. April can't get here fast enough. I hope that they seized her passport.

 

[LinasK]

From one of the above articles:
The U.S. has maintained bilateral extradition treaties with Mexico dating back to the 19th century — perhaps contrary to belief that crossing the southern border guarantees freedom. Since 2005, Mexico has deported between 150 and 200 fugitives to face charges in the U.S., according to the U.S. State Department.

In one prominent example, Wanda Lee Ann Podgurski, convicted of disability and insurance fraud in 2013, was apprehended in Mexico six months after an account in her name tweeted, “Catch me if you can.”

 

[whitelilac]

Wasn't this woman supposed be brilliant?
She didn't think to book a return flight to avoid suspicion, and just not return?

I had no idea she was pregnant again.
Horrid woman to attempt to use her own babies to delay once again.

 

[meanmaryjean]

Once a fraud, always a fraud.

Yeah, and how about her husband flying to Mexico and then returning back to the US 6 months later from South Africa?

Setting up a hideout?

So doing the math on her current pregnancy....

 

[Kavya01]

Did we call that she would try, or what! We thought it might be via the "swimming training" but she was THIS stupid??? OMG.

 

[Kavya01]

No remorse, no conscious, zero morals. Mental health care will not be able to achieve much I fear.

 

[Seattle1]

Theranos fraudster Elizabeth Holmes 'tried to flee to Mexico'

Theranos fraudster Elizabeth Holmes made an 'attempt to flee the country' by purchasing a one-way ticket to Mexico departing soon after her conviction last year, federal prosecutors have alleged.

www.dailymail.co.uk

Theranos founder Elizabeth Holmes still had a one-way ticket to Mexico after she was convicted of fraud

"The hope was that the verdict would be different and Ms. Holmes would be able to make this trip to attend the wedding of close friends in Mexico," an attorney for Holmes said in a filing.

www.nbcnews.com

The Govt has long held her passport. EH is not going anywhere but to BOP!

Expect the defense to argue she could not and would not ever attempt to board a commercial flight, in her own name, and not be recognized.

Nope-- even before this booking, I did not expect she'd be allowed to remain free during the appeal process and still don't think she'll win this request.

 

[ifindedout]

Wasn't this woman supposed be brilliant?
She didn't think to book a return flight to avoid suspicion, and just not return?

SBBM
Supposed to be. But remember, she didn't finish university....

 

[mister happy]

Just hope she doesn't bamboozle the judge into letting her stay out of prison during appeal.

 

[LinasK]

Wasn't this woman supposed be brilliant?
She didn't think to book a return flight to avoid suspicion, and just not return?

I had no idea she was pregnant again.
Horrid woman to attempt to use her own babies to delay once again.

My guess is that she was too cheap for that.