CA - Elizabeth Holmes (Theranos) Wire Fraud Thread *Guilty* #3

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Cool Cats said:
The rich investors who lost money went into it knowing it was an investment and they could lose money.

The patients had no knowledge of it - the investment side - and expected correct results. Just like I always expect my lab results to be reliable so did all these Holme's victims.

2 Cents
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Especially when it's pregnancy related or whether you have Cancer or not. It's not like a simple, "Do I have high Cholesterol?"
 
GatorFL said:
She might be in court in California but she was brought to trial by the Feds.

en.wikipedia.org

United States v. Elizabeth A. Holmes, et al. - Wikipedia

en.wikipedia.org en.wikipedia.org

She's also in prison in Texas.

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She should consider herself lucky that she didn't go to FCI Dublin like she wanted to. They've been shut down for sexual abuse. Feds face trial over prison guards' abuse of incarcerated women at now-shuttered California facility
 

5/7/24

The Bureau of Prisons’ online database currently shows that Holmes’ expected release date from a Texas prison is August 16, 2032 — a slight reduction from her previous release date of December 29, 2032.

[..]

Qualified inmates are currently eligible for up to 54 days of GCT time for each year of the sentence imposed by the court.

Inmates have other ways of earning time credits while incarcerated, including participation in various prison programs. These factors that go into calculating an estimated release date are not unique to Holmes’ case, but standard for inmates, a bureau spokesman previously told CNN.
 
www.siliconvalley.com

Elizabeth Holmes’ appeal set to be heard June 11 in federal court

If notorious fraudster loses appeal, she could take her case to the U.S. Supreme Court, but statistically has a poor shot at a hearing there.
www.siliconvalley.com www.siliconvalley.com

6/4/24

Imprisoned Theranos fraudster Elizabeth Holmes’ appeal is set to be heard June 11 in San Francisco federal court.

[..]

Holmes’ legal team and the prosecution are set to argue the case at 9 a.m. in the U.S. Court of Appeals for the Ninth Circuit. She launched her appeal in late 2022, 11 months after a jury convicted her on four felony counts of defrauding Theranos investors. She is seeking to have her conviction and 11-year prison sentence overturned, which would trigger a new trial.

Lawyers for Holmes, 40, said in a December 2022 court filing that the criminal case tried at U.S. District Court in San Jose that resulted in guilty verdicts was “teeming with issues for appeal.”

Among those issues, her legal team claimed, were purported errors by Judge Edward Davila, who oversaw her case and trial. Holmes alleged that Davila improperly allowed the jury to hear about regulatory action against Theranos and about her company’s voiding of all test results from its problem-plagued “Edison” machines. Those events came after any “relevant” statements Holmes made to investors, and the jury should not have been allowed to hear about them, Holmes’ lawyers argued.

[..]

Updates from the prisons bureau show she has shaved about two years off her sentence and is scheduled to be freed in August 2032. Federal inmates can cut 54 days off their prison terms for each year of their sentences if they meet conduct standards and may cut additional sentence time by completing recidivism-reduction and “productive activities” programs, according to the bureau.

Holmes will not appear at the hearing in person or via video, as only attorneys are typically present before the three-judge panel that hears oral arguments in federal court appeals, and the court does not arrange for incarcerated people to appear, a court spokesman said Tuesday.

Federal criminal appeals succeed at very low rates, according to the federal courts system. If Holmes loses, she could appeal to the U.S. Supreme Court, but its justices only hear about 100 to 150 appeals per year of the more than 7,000 it is typically asked to review, according to the courts system.
 
Tuesday, June 11th:
*Oral Argument Hearing (Re Appeal) (@ 9am PT) - CA – *Elizabeth A. Holmes (34/now 40) (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 & 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 8/31-9/1/21 with jury selection. Trial ended 1/3/23. Jury began deliberations on 12/17/22 thru 1/3/23: 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 11/23/22: Judge Edward Davila denied all 3 of Holmes’ motions requesting new trial. Judge Ed Davila sentenced Elizabeth Holmes to 11 years & 3 months (135 months) in prison plus 3 years of supervised release. The judge set a surrender date on 5/30/23. Projected release date 8/16/32.
Judge Edward Davila recommended Holmes be sent to the minimum-security women's federal prison, Camp Bryan, about 100 miles north of Houston, to serve at the Federal Prison Camp in Bryan, Texas (a shared dormitory in Camp Bryan). On appeal again (4/27/23). Appeal denied (5/16/23).
Theranos, has been banned from participating in federal health programs for 90 years, effectively a lifetime ban.
Indictment & court info from 4/11/20 thru 5/11/24 reference post #169 here:
https://www.websleuths.com/forums/t...anos-wire-fraud-thread-guilty-3.680273/page-9
6/4/24 Update: Holmes’ appeal is set to be heard Tuesday, 6/11/24 in San Francisco federal court before Circuit Judges Schroeder, Nguyen & R. Nelson. Holmes’ legal team & the prosecution are set to argue the case at 9am in the U.S. Court of Appeals for the Ninth Circuit. She launched her appeal in late 2022, 11 months after a jury convicted her on four felony counts of defrauding Theranos investors. She is seeking to have her conviction & 11-year prison sentence overturned, which would trigger a new trial. Lawyers for Holmes said in a December 2022 court filing that the criminal case tried at U.S. District Court in San Jose that resulted in guilty verdicts was “teeming with issues for appeal.” Among those issues, her legal team claimed, were purported errors by Judge Edward Davila, who oversaw her case & trial. Holmes alleged that Davila improperly allowed the jury to hear about regulatory action against Theranos & about her company’s voiding of all test results from its problem-plagued “Edison” machines. Those events came after any “relevant” statements Holmes made to investors, and the jury should not have been allowed to hear about them, Holmes’ lawyers argued. Holmes will not appear at the hearing in person or via video, as only attorneys are typically present before the three-judge panel that hears oral arguments in federal court appeals & the court does not arrange for incarcerated people to appear. Updates from the prisons bureau show she has shaved about two years off her sentence & is scheduled to be freed in August 16, 2032.
*Ramesh “Sunny” Balwani (53/now 58) (CFO & President of Theranos) – Trial ended on 7/7/22 with a guilty verdict on all 12 counts. Sentenced on 12/7/22 to 155 months (12 years & 11 months) to prison.
 
GatorFL said:
Wrong narcissist! :)
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Well, in the end, Elizabeth Theranos and Rebecca Grossman are all the same. That can said with Sam Bankman-Fried, Bernie Madoff, Lori Drew, Jerry Sandusky, Jeffrey Epstein, Jimmy Savile, Casey Anthony, Jodi Arias, Elliot Rodger, Eric Harris, Nikolas Cruz, Salvador Ramos, Omar Mateen, Stephen Paddock, Anders Breivik, Jim Jones, and Osama bin Laden. They are all extreme narcissists and Machiavellian. They have a dark triad.
 
Niner said:
No luck in finding any updates - has been 4 months now for decision on her appeal....

Judge's calendar goes thru 11/8/24.
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The last entry #100 to the docket was August 27. Given the Oral Argument was June-- it could be 2025 before the Opinion is published.

[td]
United States Court of Appeals for the Ninth Circuit​
[/td]​
Court of Appeals Docket #: 22-10312
[td]
Docketed: 12/02/2022​
USA v. Elizabeth Holmes
Appeal From: U.S. District Court for Northern California, San Jose
Fee Status: Paid
​
[/td]
03/31/2024 91 Notice of Oral Argument on Tuesday, June 11, 2024 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA.
The hearing time is the local time zone at the scheduled hearing location.

View the Oral Argument Calendar for your case here.

NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using the CM/ECF filing event "Motion for any relief (other than reconsideration or to seal)" and selecting the appropriate relief. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel.

Please note however that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so.

Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible).

If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, June 11, 2024. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12873735]. [23-1040, 23-1167, 23-1166] (KS) [Entered: 03/31/2024 06:46 AM]
05/06/2024 92 Filed (ECF) Acknowledgment of hearing notice by Attorney Kelly Irene Volkar for Appellee USA. Hearing in San Francisco on 06/11/2024 at 9 a.m. (Courtroom: 1). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/06/2024. [12882491] [22-10312] (Volkar, Kelly) [Entered: 05/06/2024 08:15 AM]
05/08/2024 93 Filed (ECF) Appellant Elizabeth A. Holmes Motion for miscellaneous relief [Revise Oral Argument Schedule]. Date of service: 05/08/2024. [12883397] [22-10312] (Saharia, Amy) [Entered: 05/08/2024 06:40 PM]
05/09/2024 94 Filed (ECF) Appellant Elizabeth A. Holmes citation of supplemental authorities. Date of service: 05/09/2024. [12883563] [22-10312] (Saharia, Amy) [Entered: 05/09/2024 12:25 PM]
05/09/2024 95 Filed clerk order (Deputy Clerk: MCD): Appellants Elizabeth Holmes and Ramesh “Sunny” Balwani jointly request a modification to the oral argument schedule in their appeals of their convictions and sentences (respectively, No. 22-10312 and No. 10338) as well as in the consolidate appeal from the district court’s restitution order (Nos. 23-1040, 23-1166, 23-1167). Appellants’ joint motion is GRANTED. (SEE ORDER FOR FULL TEXT) [12883668] (AF) [Entered: 05/09/2024 04:23 PM]
05/10/2024 96 Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Amy Saharia for Appellant Elizabeth A. Holmes. Hearing in San Francisco on 06/11/2024 at 9:00am (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/10/2024. [12883809] [22-10312] (Saharia, Amy) [Entered: 05/10/2024 10:25 AM]
05/15/2024 97 Filed (ECF) Appellee USA citation of supplemental authorities. Date of service: 05/15/2024. [12884825] [22-10312] (Volkar, Kelly) [Entered: 05/15/2024 11:33 AM]
06/11/2024 98 ARGUED AND SUBMITTED TO MARY M. SCHROEDER, JACQUELINE H. NGUYEN and RYAN D. NELSON. The audio and video recordings of this hearing are available on our website at Audio and Video. [12891127] (GJC) [Entered: 06/12/2024 08:28 AM]
08/23/2024 99 Filed (ECF) Appellee USA citation of supplemental authorities. Date of service: 08/23/2024. [12903862] [22-10312] (Volkar, Kelly) [Entered: 08/23/2024 04:20 PM]
08/27/2024 100 Filed (ECF) Appellant Elizabeth A. Holmes citation of supplemental authorities. Date of service: 08/27/2024. [12904367] [22-10312] (Saharia, Amy) [Entered: 08/27/2024 05:20 PM]

 
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