CA - Elizabeth Holmes (Theranos) Wire Fraud

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Reporter Yasmin Khorram (CNBC) did a great interview with Carreyrou in July -- both are covering the trial and present today for jury selection.



[URL='https://twitter.com/YasminKhorram']Yasmin Khorram@YasminKhorram[/URL]

My interview with ⁦⁦
@JohnCarreyrou
⁩ as he gears up for Bad Blood: The Final Chapter. His predictions on why Elizabeth Holmes will likely be found guilty, who she will throw under the bus (hint: an ex) + why her trial will be a major wake up call



Reporter who broke Theranos scandal predicts outcome of Elizabeth Holmes trial
CNBC interviews John Carreyrou about his new podcast on the criminal fraud trial of former Theranos CEO Elizabeth Holmes.
cnbc.com

12:15 PM · Jul 9, 2021·
 
The Theranos Board was made up of extremely intelligent, powerful older men. I believe only one of them, Channing Robertson (her former Stanford Prof) had a science background. She was able to convince all of them that she knew what she was doing. IMO Robertson was the one person who should have known she was scamming.

It’s really incredible that she got away with it for as long as she did but having David Boies, as Theranos attorney and Board member, put the fear of God into anyone who thought about speaking out about what was really going on. It cost Tyler Schultz and his family a small fortune to defend himself from her lawsuits. He deserves a good portion of the credit for exposing her.
 
Signed up just for this thread. Something about Holmes and the (mainly) men she conned is fascinating to me and nobody I know in real life wants to obsess with me. Looking forward to the trial and hoping she'll spend time in jail.
 
Pesto919 said:
Signed up just for this thread. Something about Holmes and the (mainly) men she conned is fascinating to me and nobody I know in real life wants to obsess with me. Looking forward to the trial and hoping she'll spend time in jail.
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Welcome to WS @Pesto919. It will be an interesting trial -- especially now that we know EH intends to take the stand.

I recall reading a couple of years ago that the Govt was speculating that SB was orchestrating a joint defense and why they were eager to separate the trials. Now that the docs are unsealed, it seems the rumors about the Govt speculating are true.

Its reported many of the employees including TS feared SB so interesting EB claims he had some evil control over her. Jurors are smart.
 
Seattle1 said:
Will Elizabeth Holmes Being Able to Convince Jurors Like Investors?

8/31/2021

[..]

Attorneys will also likely consider the fact that Balwani, the alleged abuser, is Pakistani. All jurors, all humans, have Implicit Bias against all types of people. (If you think you don’t, you are likely wrong: try taking Harvard’s Implicit Association Test.). There are bound to be some potential jurors with an implicit bias against Middle Eastern men. That is a perspective that Holmes’ attorneys will also want to consider.

It’s worth noting that this jury will likely be very different from Holmes’ “jury” of investors. When you look at those who invested the most into Theranos, they are almost all white, wealthy men (with Betsy DeVos as an exception) or families. They were all rich, educated and privileged. This jury is much more likely to look, sound and act like a cross section of America. Holmes’ job will be to find a way to advocate to them just as effectively as she advocated to her investors.

I often say, “Facts tell. Stories sell. Advocates win.” In this case, both sides have their facts, the evidence they’ll use to make their case. They both have the stories they will tell about what happened here, and why. But ultimately it will be the better advocates that win. Every lawyer and every witness will have to use the tools of an advocate to change the jurors’ choices.

[..]
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That may be, but San Jose is a very diverse area. Lots of high techies who are foreign born, Asians, Indian Americans, Pakistanis. I don't think that bias against Balwani because he is Pakistani will be a factor. Unless you are thinking that there will be backlash because they might think he's from Afghanistan...
 
LinasK said:
That may be, but San Jose is a very diverse area. Lots of high techies who are foreign born, Asians, Indian Americans, Pakistanis. I don't think that bias against Balwani because he is Pakistani will be a factor. Unless you are thinking that there will be backlash because they might think he's from Afghanistan...
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The MSM author was referencing Harvard's Implicit Association Test which is linked in the article. I think defense attorneys spend hundreds of thousands of dollars on jury consultants that outline these factors for them when they are heading to voir dire.

There are bound to be some potential jurors with an implicit bias against Middle Eastern men.
 
Seattle1 said:
The MSM author was referencing Harvard's Implicit Association Test which is linked in the article. I think defense attorneys spend hundreds of thousands of dollars on jury consultants that outline these factors for them when they are heading to voir dire.

There are bound to be some potential jurors with an implicit bias against Middle Eastern men.
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If it were a different area of the country, I might be inclined to agree. I live only an hour away from San Jose, and I can tell you that the population is very diverse and lots of Asians, Indians, and people from the Middle East. This isn't going to be a jury of all white middle-aged men.
 
LinasK said:
If it were a different area of the country, I might be inclined to agree. I live only an hour away from San Jose, and I can tell you that the population is very diverse and lots of Asians, Indians, and people from the Middle East. This isn't going to be a jury of all white middle-aged men.
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Great, you agree with the author!

This jury is much more likely to look, sound and act like a cross section of America.
 
https://www.cnbc.com/2021/08/31/eli...pshare|com.apple.UIKit.activity.PostToTwitter

Aug 31, 2021

Key Points
  • Jury selection began in former Theranos CEO, Elizabeth Holmes, criminal fraud trial.
  • Four potential jurors were dismissed, including a radio producer who said “I look at my computer and all I see is: Theranos, Theranos, Theranos,”
  • Another potential juror said he has prior knowledge of Holmes, adding “I remember the defendant’s penchant for turtlenecks.”
Theranos isn’t exactly a household word, but many of the potential jurors questioned on Tuesday had heard of the company or its former CEO, Elizabeth Holmes on the first day of her criminal fraud case.

Nearly potential 40 jurors were questioned over seven hours, and 14 were dismissed. One said, “I don’t have bias, except for I remember the defendant’s penchant for turtlenecks.”

Another juror, who acknowledged he had watched a “60 Minutes” documentary on Theranos, said, “I’m just glad I didn’t invest in it.”

[..]

Prosecutors and defense attorneys are trying to find a dozen impartial jurors and five alternates to sit for what’s expected to be a 13-week long trial. Holmes and Sunny Balwani, her former business partner and for a time her boyfriend, each face 10 counts of wire fraud and two counts of conspiracy. Both have pleaded not guilty. Balwani will be tried separately.


Several potential jurors said they had read books, watched documentaries, or heard TED talks and podcasts on the topic. U.S. District Court Judge Edward Davila suggested that potential jurors turn off news alerts to avoid further media exposure.
 
Wednesday, Sept. 1st:
*Trial began with Jury Selection (Day 2) (@ 9am PT) - CA – for *Elizabeth A. Holmes (34/now 37) (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. No 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.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 8/31/21 with jury selection. The Court trial days will be Tuesday, Wednesday & Friday, possibly other half days. The Court may modify the trial time & set either 8:30am-2pm or 9am-2pm & possibly 30-minute breaks in between. Judge Edward J. Davila presiding. Jury selection on 8/31 & 9/1, trial dates 9/8, 9/10, 9/14, 9/15, 9/17, 9/21, 9/22, 9/24, 9/28, 9/29, 10/1, 10/5, 10/6, 10/8 so far.
Indictment & court info from 4/11/20 thru 8/26/21 & jury selection (Day 1) 8/31/21 reference post #355 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud
8/31/21 Tuesday, Jury Selection Day 1: 40 potential jurors were questioned for nearly 7 hours & 14 were dismissed. Prosecutors & defense attorneys are trying to find a dozen impartial jurors & five alternates to sit for what’s expected to be a 13-week long trial. Jury selection continues on 9/1/21.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Intervenors motion hearing on 8/26/21 & trial set to begin on 1/11/22 with jury selection & trial starts on 1/18/22.
 
Seattle1 said:
Prosecutors and defense attorneys are trying to find a dozen impartial jurors and five alternates to sit for what’s expected to be a 13-week long trial. Holmes and Sunny Balwani, her former business partner and for a time her boyfriend, each face 10 counts of wire fraud and two counts of conspiracy. Both have pleaded not guilty. Balwani will be tried separately.


Several potential jurors said they had read books, watched documentaries, or heard TED talks and podcasts on the topic. U.S. District Court Judge Edward Davila suggested that potential jurors turn off news alerts to avoid further media exposure.
Click to expand...

Good luck finding impartial jurors in San Jose County--and the Judge's suggestion to avoid news alerts seems like the proverbial closing the barn door after the horse is gone.
 
meanmaryjean said:
I 100% will burn vacation time to watch that!

Can I also say that I have some level of concern for her baby? EH seems so 'empty' of human emotion, so dead behind her eyes. I do wonder how the child is cared for.
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@meanmaryjean EH evidently trained herself not to blink except in a very delayed kind of way. You can see how that looks in her speeches and public appearances. Do you have any pediatric professional insight on how not blinking would affect a baby? The implications? It would maybe indicate to baby that mom is not responsive, so the two wouldn’t be in that positive googoogaga feedback loop babies need to thrive? The loop that is needed for secure attachments for the rest of their lives? Viz. the famous Still Face Experiment on infants and subsequent research on toddlers. Still face experiment visuals abound on YouTube.

This begs my next question, which is a hypothetical…Does anyone know if EH reveals something alarming about her parental style while on the stand defending herself, she could get investigated by child services and her baby could be taken from her?
 
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I DO think the stranger aspects of her public persona if carried into her personal life would have implications for her child. And (speculation) we know that she has somehow convinced her own family that her public persona is and always has been the authentic EH. (Voice, clothing etc. even when easily found evidence exists that it is not)
So I have to believe that Theranos / public EH is now 24/7 EH- and for the sake of a child it concerns me greatly.
 
Pesto919 said:
Good luck finding impartial jurors in San Jose County--and the Judge's suggestion to avoid news alerts seems like the proverbial closing the barn door after the horse is gone.
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Actually, San Jose is in Santa Clara county.
Population: 1.928 million (2019), so it's probably large enough to find an impartial jury. Not everyone follows the news, and her story wasn't current.
 
Niner said:
Any news on if a jury has been picked? Over here - I'm not finding anything about this case!! :rolleyes:
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https://www.cnbc.com/2021/09/01/jur...pshare|com.apple.UIKit.activity.PostToTwitter

Sept 1, 2021

KEY POINTS
  • A jury in the Elizabeth Holmes fraud trial is expected to be finalized by Thursday from 41 prospective jurors chosen after two days of intense questioning.
  • The 12-person panel of jurors with five alternates will likely be sworn in after they are seated next Wednesday.
  • Opening statements for the case are expected to begin Sept. 8.
“We will have a sufficient number of jurors in this list to select a jury in this case,” U.S. District Court Judge Edward Davila announced after eight hours of questioning in the courtroom on Wednesday.

The 12-person panel of jurors with five alternates will likely be sworn in after they are seated next Wednesday.

[..]

Jury selection comes on the heels of shocking newly unsealed documents that reveal Holmes’ laying the groundwork for a mental health defense. The once outspoken CEO is expected to claim her former business partner and boyfriend, Sunny Balwani, psychologically, emotionally and sexually abused her over a decade. Balwani denies the claims.

The topic of intimate partner violence was discussed with potential jurors.

Davila asked the jury pool on Wednesday about their experience with domestic violence and roughly a dozen raised their hands, sharing their harrowing experiences with the packed courtroom.

Earlier in the day, one prospective juror said if he was selected to be on the jury he would want Holmes to take the stand.

“I think I would like to hear her testimony and hear what she’s going through, her side, her story or her experience,” he said. “For me, it would probably help me understand what’s happening in this trial.”

[..]

Among the excused jurors: a Safeway employee, a man who said his mother-in-law went to prison for fraud and embezzlement and several teachers who expressed hardships due to being understaffed in the pandemic.

Another potential juror admitted to seeing a couple of “online memes and funny images” relating to “a voice thing.” She went on say “people speak differently to different people so I don’t really find that as anything to sway my opinion.”
 
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