CA - Elizabeth Holmes (Theranos) Wire Fraud

[Herat]

Leach pulls up ex-Theranos board member Dick Kovacevich's email to Holmes after the WSJ articles came out in 2015. He wrote "I am still confused..how many of our customer submissions are being tested on lab equipment versus Edison?

There we go. This is more like it.

"customer submissions" is her cutesy talk for patient laboratory results

Yeah, what misrepresentations ( fraudulent claims) were you giving to your Board members?

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
17s

Trial is breaking for the week until next Tuesday, Dec 7, and the judge admonishes the jury not to discuss the trial during the long break. He adds "please be careful in regards to your personal safety" in light of the new Covid variant.

 

[mickey2942]

EH can be an abuse survivor, and also a sociopath who lied and defrauded people with deliberate knowledge.

 

[Luna20]

Dorothy Atkins@doratki
17s

Trial is breaking for the week until next Tuesday, Dec 7, and the judge admonishes the jury not to discuss the trial during the long break. He adds "please be careful in regards to your personal safety" in light of the new Covid variant.

Any reason for a week break?

 

[Luna20]

EH can be an abuse survivor, and also a sociopath who lied and defrauded people with deliberate knowledge.

How did Holmes and Balwani meet?

 

[mickey2942]

How did Holmes and Balwani meet?

Who Is Sunny Balwani? All About Elizabeth Holmes's Ex-Boyfriend and Former Theranos President

Of course, they met in Beijing, during a "Chinese Immersion" class.

 

[Luna20]

Who Is Sunny Balwani? All About Elizabeth Holmes's Ex-Boyfriend and Former Theranos President

Of course, they met in Beijing, during a "Chinese Immersion" class.

A match made in Chinese heaven

 

[UndiscoveredTruth]

Any reason for a week break?

I have no idea what the reason is for such a long break. Anyone?? (Niner might know). @Niner

 

[UndiscoveredTruth]

I didn't realise court was still in process earlier. I thought it had ended for the day but noticed there are several more tweets from DA.

Dorothy Atkins@doratki
8h

The jury left. Robert Leach says the gov't plans to wrap Holmes' cross Tuesday and Holmes' counsel Kevin Downey says he thinks that the defense's case "would not last the balance of next week." Sounds like we'll be sending this to the jury possibly by the end of next wk. (!)

Dorothy Atkins@doratki
8h

The judge is taking a 10-min break to grab notes, but he's going to come back and they're going to discuss Balwani's SEC depo. Holmes' counsel says Balwani's attorney is in the courtroom and can say if Balwani is "unavailable" to testify in this case - meaning he'll plead the 5th

Dorothy Atkins@doratki
8h

Judge Ed Davila is back on the bench. Holmes counsel asks Sunny Balwani's defense atty Jeff Coopersmith if his client is available. Coopersmith says on advice of counsel Balwani would assert his 5th Amendment rights on "any substantive questions" if he were called in Holmes case.

Dorothy Atkins@doratki
7h

The parties are arguing over whether Balwani's sworn SEC deposition from 2017 is admissible in Holmes' trial. I have a feeling the judge won't rule from the bench on this one, so I'm out of here.

Dorothy Atkins@doratki
7h

I was right, he didn’t rule. Nothing like arriving at the courthouse in the dark and leaving the courthouse in the (almost) dark.

 

[Niner]

I have no idea what the reason is for such a long break. Anyone?? (Niner might know). @Niner

I really don't know - a few of the entries for that week say Judge is not available. Might be his comment (from my notes):
the judge has a conflict in November at some point due to a meeting in the Ninth Circuit committee.
Maybe these were moved to December - for this week.

Also - added to court site! Looks like they'll be going over jury instructions.

Friday, Dec 3 2021
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk/DEF:Kevin Downey
Charging Conference - Jury Instructions Hearing

link: CALENDAR

 

[Niner]

And remember they only have court on Tuesdays, Thursdays & Fridays. The Judge has 6 other cases for tomorrow, 12/2.

 

[UndiscoveredTruth]

And remember they only have court on Tuesdays, Thursdays & Fridays. The Judge has 6 other cases for tomorrow, 12/2.

I knew I could count on you Niner - thanks for the info.

 

[Niner]

I knew I could count on you Niner - thanks for the info.

no problem!

 

[TheLoadedGoat]

Dorothy Atkins@doratki
15m

We're back! Holmes says Theranos knew in 2015 that the company was scheduled for another 2-year CMS inspection, and Balwani told her that "the lab was in great shape, and the inspection should go well."

Dorothy Atkins@doratki
13m

Holmes says the CMS inspection "had not gone as expected" and the cms inspectors received a number of issues. Right after, she says, the WSJ published a "very negative" article about Theranos and "continued articles were published that were attracting a lot of attention."

Dorothy Atkins@doratki
11m

Holmes says Theranos responded by trying to protect its trade secrets, but she regrets their response. "Very much so." "I think we were too aggressive. I think we were so focused on trying to protect the trade secrets we lost sight of the big picture."

Dorothy Atkins@doratki
9m

Holmes says the CMS inspectors found a lack of documentation and she was surprised and frustrated and "it was completely different" than what Balwani had told her. We're turning to Elizabeth Holmes' relationship with Sunny Balwani.

Dorothy Atkins@doratki
9m

Holmes says she met Bawlani when she was 18 in China and he was 38 the summer before her freshman year at Stanford. She says he told her he worked helping Microsoft grow in its early years.

Isn't "the summer before her freshman year at Stanford" the same as the summer she graduated high school? Makes it not so creepy.

 

[Herat]

Isn't "the summer before her freshman year at Stanford" the same as the summer she graduated high school? Makes it not so creepy.

She was 18. That's a bit young for a 38 year old man, methinks.

Prince Andrew's problem with Virginia G. is that she was 17 when they met.

 

[RickshawFan]

Nothing that Theranos did was ever a "trade secret". Microsampling and hyperdilution have been around for a long time and there are technologies available for valid use, but they are open and their limitations are well recognized.

Can you expand on this? I'm just curious and don't know squat about what's already out there, what the competition was, etc

 

[Herat]

how fingerstick blood testing is changing healthcare

Capillary blood sticks are widely used in glucometers that patient have at home to test.

However, the sample retrieved in capillary blood obtained by skin puncture using a lancet or other sharp device can still be quite painful, and the sample is no where near as uniform as a venous (or arterial) blood vessel puncture. Squeezing, pressing, massaging the site (generally a finger) leaks tissue fluid and possibly cells into the sample. When you hyperdilute it so there is enough liquid to aspirate into a testing device, it only amplifies the problem. You also can't repeat the test without another stick, and there should be strict limits on the result range that can be accepted without further testing.

Also, in conditions of shock, bleeding, hypo or hyperthermia, repiratory, renal failures or other possible critical illness, there may be significant bloodflow or volume shifts so sampling a capillary in a finger is not giving a valid result of the status of blood chemicals, etc of what is in the blood supplied to the critical organs: Brain, heart, lungs, kidneys

For this reason, microsampling is NOT suitable for ER or trauma or testing of sick patients.

And this is why the military should not have been considering these devices for field testing for injuries.

 

[LinasK]

Dorothy Atkins@doratki
4m

Holmes acknowledges she didn't mention modified third-party Siemens devices & she said Theranos wasn't using Edisons at that time.

Holmes: I definitely wouldn’t say it that way now Holmes says.. There are many things I wish I did differently

Leach: Including this?

Holmes: Yes

Dorothy Atkins@doratki
3m

Leach moved on to Theranos' validation reports. Holmes admitted she placed Pfizer logos on the docs and sent them to Walgreens. After Leach points out she also apparently deleted Pfizer info on the docs, Holmes says "I do, I wish I handled this differently, yes."

Dorothy Atkins@doratki
2m

It seems like Robert Leach is trying to really grill Elizabeth Holmes, but her outright admissions are making the examination somewhat anticlimactic.

Dorothy Atkins@doratki
36m

Leach tries to get Holmes to admit Theranos' dealings with Pfizer were "all talk," but Holmes wouldn't concede the point and said "It was talk and work, but we didn’t get revenue from it."

Dorothy Atkins@doratki
33m

Leach moved on to the validation report with Schering-Plough logo. "I absolutely wish that I had bolded that [the reports] were written by us," Holmes says, but she adds that the assay data in the report is accurate.

Dorothy Atkins@doratki
26m

Leach questions Holmes on whether she changed various language in a GlaxoSmithKline validation report. She replies that she doesn't know.

Dorothy Atkins@doratki
20m

Leach tries to get Holmes to concede that Theranos used Schering-Plough's logo even though she was disclosing the type of IP that Theranos was concerned about protecting, but Holmes says it depends b/c sometimes they were ok with drugmakers using Theranos' logos w/o permission.

What??? Is she trying to say it's okay if I used their logo without permission because they did it too?

 

[Herat]

What??? Is she trying to say it's okay if I used their logo without permission because they did it too?

That's exactly the way I read it.

 

[LinasK]

There was just a CNN article that I'm unable to copy from my phone that she went directly to Rupert Murdoch who owns the Wall Street Journal to try to get Carryrou's damning article killed. Thank God that didn't happen.