GUILTY CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges

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3/16/23

The notice cited a last-minute appeal of a recent Davila ruling rejecting Balwani's request to remain free while trying to overturn his conviction on 12 counts of fraud and conspiracy.

The Wednesday appeal of Davila's March 9 ruling triggered an automatic stay of his prison reporting date, which had been set for 2 p.m. PT Thursday.

That's because Balwani, 57, has been free on bail since a jury convicted him last July, triggering a clause that allows him to remain free on bail until the Ninth Circuit Court of Appeals weighs in on Davila's ruling issued last week, according to the notice filed by Balwani's attorney, Jeffrey Coopersmith.

It's unclear how long it will be before the appeals court deals with the ruling.

If and when he is sent to prison, Balawani will service his time in a facility near a Southern California harbor, according to other documents filed Wednesday by Coopersmith. That destination represents a shift from the Atlanta prison that Balwani had been initially assigned by authorities.

The change means Balwani will be staying in the Terminal Island prison located in San Pedro, California, located about 30 miles (48 kilometers) from downtown Los Angeles.

@Niner
 
He found a way to stay out of prison!!! GRRRR! Incredible! Ex-Theranos exec finds way to delay start of prison sentence
I love it that posting fate spat this out 3 times! Pretty much captures @LinasK (and my) splutter over another delay.

Hope the Appeals court decides, like, tomorrow.

I don't believe you get to appeal a prison assignment? It's kinda the point for you to be rendered powerless about how you'll be housed and which rules you have to obey for the next, what, 13 years. Inmates have no say-so when it comes to BOP decisions. Not allowing Bulwani to serve his sentence around tech types might be kind of the point, too.

I really can't see Bulwani yes-sir-ing or yes-ma'am-ing for the next 13 years. Holmes, either.
 
I love it that posting fate spat this out 3 times! Pretty much captures @LinasK (and my) splutter over another delay.

Hope the Appeals court decides, like, tomorrow.

I don't believe you get to appeal a prison assignment? It's kinda the point for you to be rendered powerless about how you'll be housed and which rules you have to obey for the next, what, 13 years. Inmates have no say-so when it comes to BOP decisions. Not allowing Bulwani to serve his sentence around tech types might be kind of the point, too.

I really can't see Bulwani yes-sir-ing or yes-ma'am-ing for the next 13 years. Holmes, either.
Sorry for that, it didn't seem to be posting. Maybe other people were posting at the same time.
 
Any updates? I can't find if SB has to report soon. It does sound like they've changed his prison to Terminal Island. It's low security. Does this mean he'll be moved later if he's downgraded to minimum?

 
4/7/23

SAN JOSE, Calif. - Former Theranos executive Ramesh "Sunny" Balwani will be heading to prison later this month after an appeals court rejected his bid to remain free while he contests his conviction for carrying out a blood-testing hoax with his former boss and lover, Elizabeth Holmes.

After the Ninth Circuit Court of Appeals issued a decision refusing Balwani’s request, U.S District Judge Edward Davila on Friday ordered him to start his nearly 13-year prison sentence on April 20.


One of Balwani’s lawyers had filed a motion late Thursday seeking nearly two weeks to give Balwani time to make travel arrangements and make other preparations for a trip that will send him to a federal prison in Southern California.


@Niner
 
So - from what I understand - Balwani will have to surrender on 4/27 - not 4/20 - as his lawyers filed that motion to give him another week to get his stuff together?

Right? TIA! :)
 
So - from what I understand - Balwani will have to surrender on 4/27 - not 4/20 - as his lawyers filed that motion to give him another week to get his stuff together?

Right? TIA! :)

No. The Order by Judge Davila states April 20, and he has not ruled on the subsequent motion by the defense. Balwani already had an extra month given his report date prior to the last-minute appeal motion was March 16.

Davila last month rejected Balwani’s request to remain free while he appeals his conviction on 12 counts of fraud and conspiracy and ordered him to report to prison March 16. Balwani then avoided having to report on that date by appealing Davila’s ruling against him.

But three judges on the Ninth Circuit Court of Appeals concluded Balwani hadn’t provided enough compelling evidence to convince them that his conviction is likely to be overturned.
 
Bwahaha! He wanted 2 weeks to make "travel arrangements'. To southern California!

Like, he can't just hop in a car? I guess he wants to appeal for use of his private jet? He needs to check in with his bodyguards, and make sure at least 8 are available to accompany him?
 
This wording suggests to me that EH will be required to report to prison, too, and not wait out on appeal:

But three judges on the Ninth Circuit Court of Appeals concluded Balwani hadn’t provided enough compelling evidence to convince them that his conviction is likely to be overturned.
 
No. The Order by Judge Davila states April 20, and he has not ruled on the subsequent motion by the defense. Balwani already had an extra month given his report date prior to the last-minute appeal motion was March 16.

Davila last month rejected Balwani’s request to remain free while he appeals his conviction on 12 counts of fraud and conspiracy and ordered him to report to prison March 16. Balwani then avoided having to report on that date by appealing Davila’s ruling against him.

But three judges on the Ninth Circuit Court of Appeals concluded Balwani hadn’t provided enough compelling evidence to convince them that his conviction is likely to be overturned.

Okay - thanks! I shall put in on the 20th! :)
 
Bwahaha! He wanted 2 weeks to make "travel arrangements'. To southern California!

Like, he can't just hop in a car? I guess he wants to appeal for use of his private jet? He needs to check in with his bodyguards, and make sure at least 8 are available to accompany him?
I can't think of anywhere that takes two weeks to travel to unless maybe you are going by train or cruise ship?
 
I can't think of anywhere that takes two weeks to travel to unless maybe you are going by train or cruise ship?
How far does he live from Southern California?

I thought he was already in California?

Apparently not.
 

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