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

[UndiscoveredTruth]

Lauren Berg@ByLaurenBerg
9h

The jury has gone home for the evening. Thank you all for joining me for a somewhat anticlimactic two days. I’m headed back to Seattle to continue my regularly scheduled programming.
@doratki
will be back Thursday!

Dorothy Atkins@doratki
6h

A BIG thanks to
@ByLaurenBerg
for hauling herself all the way from Seattle to San Jose to cover two days of verdict watch in US v. Elizabeth Holmes! There's no verdict yet, so I'll be back in court Thursday to sit and wait for some action.

Yasmin Khorram@YasminKhorram
10h

Elizabeth Holmes jury going home for the night after day 2 of deliberations without a verdict (but a note!). Set to resume Thursday morning. The latest here

https://t.co/U6Jpk9xCjL

 

[Niner]

Thursday, December 23rd:
*Trial continues (Day 42)-VERDICT WATCH! (Day 4) (@ 8:30am 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 & completed on 9/1/21. 12 jurors of 7 men & 5 women (6 Caucasians, 4 Hispanics & 2 Asians) with five alternates (3 men & 2 women). Juror #7 excused & replaced with alternate #1. Now jurors are 8 men & 4 women. Alternates 2 men & 2 women. 10/6/21: Juror #4 excused & replace with alternate #2. Now jurors are 8 men & 4 women. Alternates 2 men & 1 woman. 10/22/21: The judge excused Juror #5, moving up the third alternate to replace the juror. Both are women. No word on why the juror was excused. Now jurors are 8 men & 4 women. Alternates 2 men.
Trial began on 9/8/21 & ended with closing arguments on 12/17/21. Jury began deliberations on 12/17: ½ hour. 12/20: 6 ½ hours with 1 hours lunch. Total: ~7 hours. 12/21: ~7 ½ hours. Total: ~14 1/2 hours.
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.
Trial dates: 12/23-Jury continues deliberations; from 12/24/21 thru 1/7/22 court is closed.
Indictment & court info from 4/11/20 thru 8/26/21 & on 9/30/21 & on 11/2/21 & jury selection (Day 1-3) 8/31 to 9/2/21 & trial (Day 1-40/Verdict watch: Day 1-2) & 9/8 to 12/16/21 & motions hearing on 11/8, 11/19 & 12/7/21 & charging conference on 12/3 & 12/10/21 reference post #132 here:
VERDICT WATCH - CA - Elizabeth Holmes (Theranos) Wire Fraud Thread #2
12/21/21 Tuesday, Trial Day 41/Day 3 of Verdict Watch: Jury continues deliberations. The jurors started deliberations at 8:30am. If they do not decide today, they come back on Thursday. Then next week. Update: The jury has a note, which will be read in the courtroom at 3:15pm. Jury question: "Can the jury take jury instructions home to review them at length?" Judge said, "No," adding that all deliberations must be done here. The jury is off tomorrow & is scheduled to resume deliberations Thursday, 12/23/21 at 8:30am. Total deliberations for the day: ~7 ½ hours.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Pretrial conference hearing (Motion in Limine) on 1/14/22 & status conference hearing on 1/25/22. Trial was set to begin on 1/11/22 with jury selection & trial on 1/18/22 have been cancelled.

 

[Niner]

I have "no bond" for Holmes - is that true? I thought she was out ?

 

[Countem]

I have "no bond" for Holmes - is that true? I thought she was out ?

Judge in Elizabeth Holmes Trial Concerned About Secrecy, to Rule on Unsealing Request

Hundreds of documents listed on the docket show “Sealed Document,” with no explanation as to what was filed, Dow Jones found. Some show a caption, like an early filing setting the conditions of Ms. Holmes’s release on a $500,000 unsecured bond, but the document itself is inaccessible.

From what I am seeing, it looks like it was set at $500,000.

Is Elizabeth Holmes In Jail? Theranos Founder Lives Luxurious Lifestyle Awaiting Trial

 

[Niner]

Thank you @Countem - will change my notes.

and

to all posting & following this thread.

Cheers!

Hoping for a verdict today!!

 

[Smelly Squirrel]

I've been listening to The Dropout podcast and it seems so obvious she is guilty of the charges, I am looking side eye at this jury for taking so long. But maybe it hasn't been so many hours, considering the schedule.

 

[Niner]

I was going to ask if there is any word on the jurors - but it's only going on 8am in California. And I'm off to bed - I hope I wake up and see GUILTY on the banner instead of Verdict Watch!!!

 

[rosesfromangels]

I was going to ask if there is any word on the jurors - but it's only going on 8am in California. And I'm off to bed - I hope I wake up and see GUILTY on the banner instead of Verdict Watch!!!

It’s now noon PST.

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
4h

Good morning from a drenched San Jose! The weather outside is frightful, so the overflow courtroom, I suppose, is delightful. I hydroplaned 3 times getting here this am, so let's hope it's worth it and there's a pre-Christmas verdict in US v Elizabeth Holmes today. Whuddya think?

Today's the day!

Fat chance!

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
4h

The usual suspects are in the overflow courtroom awaiting the verdict, along with a few new faces. Feels like just yesterday we were all sitting here wondering when the heck Lance Wade would finish Adam Rosendorff's cross-examination. Time flies!

Dorothy Atkins@doratki
4h

Just got the official word from the court's press person that the jury has resumed deliberations. (I actually think they've been in there for about 30 minutes already, but good to get the confirmation in any event.) Now, for some more waiting!

Dorothy Atkins@doratki
3h

No word from the jury yet, but I guess it gives us all some time to re-read some Joan Didion.

On Self-Respect: Joan Didion’s 1961 Essay from the Pages of Vogue

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
1h

Some news! The jury has a note for the court and it'll be read at 12:30 p.m.

Dorothy Atkins@doratki
1h

The jury wants to listen again to audio clips of Elizabeth Holmes' interview with investors, I believe from 2013. Here's a link to one of the recordings.

files.cand.uscourts.gov/files/18-CR-
258%20USA%20v.%20Holmes/Trial%20Exh.%201348/Trial%20Exh.%201348-1.wav

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
51m

The jury is in the courtroom listening to the December 2013 investor call, which investor John Tolbert had recorded unbeknownst to Holmes, in which Holmes touted Theranos' technology and the symbolic importance of its partnership with the military.

Dorothy Atkins@doratki
50m

The jury is also listening to this clip...

https://files.cand.uscourts.gov/files/18-CR-258%20USA%20v.%20Holmes/Trial%20Exh.%201348F/1348-F.wav


Dorothy Atkins@doratki
40m

Some more links to the clips being played - all from the investor call...

files.cand.uscourts.gov/files/18-CR-258%20USA%20v.%20Holmes/Trial%20Exh.%201349-1/Trial%20Exh.%201349%20-1.wav

Dorothy Atkins@doratki
39m

And a fourth clip...

files.cand.uscourts.gov/files/18-CR-258%20USA%20v.%20Holmes/Trial%20Exh.%201349A/1349-A.wav


Dorothy Atkins@doratki
34m

Here's my recap of the investor call when it was first played for the jury back in October btw.

Dorothy Atkins@doratki
Oct 23
The first clip is of Holmes' deep voice and she says they've been working very hard for a long time to build infrastructure and they have contracts with the military where they can deploy the framework and use it in clinical trials. Trial is taking its 2nd break of the day. BRB.

Dorothy Atkins@doratki
17m

They finished playing the clips for the jury, and the jurors went back to deliberating. That's all for now!

 

[rosesfromangels]

Dorothy Atkins@doratki
51m

The jury is in the courtroom listening to the December 2013 investor call, which investor John Tolbert had recorded unbeknownst to Holmes, in which Holmes touted Theranos' technology and the symbolic importance of its partnership with the military.

Dorothy Atkins@doratki
50m

The jury is also listening to this clip...

https://files.cand.uscourts.gov/files/18-CR-258%20USA%20v.%20Holmes/Trial%20Exh.%201348F/1348-F.wav


Dorothy Atkins@doratki
40m

Some more links to the clips being played - all from the investor call...

files.cand.uscourts.gov/files/18-CR-258%20USA%20v.%20Holmes/Trial%20Exh.%201349-1/Trial%20Exh.%201349%20-1.wav

Dorothy Atkins@doratki
39m

And a fourth clip...

files.cand.uscourts.gov/files/18-CR-258%20USA%20v.%20Holmes/Trial%20Exh.%201349A/1349-A.wav


Dorothy Atkins@doratki
34m

Here's my recap of the investor call when it was first played for the jury back in October btw.




Dorothy Atkins@doratki
17m

They finished playing the clips for the jury, and the jurors went back to deliberating. That's all for now!

I haven't been following this case closely as many of you on the thread have.
Listening to these clips.....did she have a *thorough* psychological evaluation and was cleared for trial? Just questioning that....hmmm.

Amateur opinion and speculation

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
49m

There's about an hour left of jury deliberations today in US v Elizabeth Holmes. No word from the jury since they asked to hear the audio clips. Here's my recap of the jury's note and Holmes' call w/ investors:

Holmes Jury Asks To Rehear Ex-CEO's 2013 Investor Call - Law360


Dorothy Atkins@doratki
46m

We still don't know what the schedule will be if jurors don't reach a verdict today. Last week, Holmes' counsel suggested the court tell the jury to take off next wk due to the holidays, but prosecutors wanted the jury to decide the schedule. We'll find out more within the hour.

Dorothy Atkins@doratki
24m

Well, the jury has gone for the day and will resume jury deliberations on Monday at 8:30 a.m. Merry Christmas, and see ya then.

Dorothy Atkins@doratki
1m

P.a. I’m Judge Ed Davila brought the attorneys for both sides into his chambers. Word is it’s to wish them a Merry Christmas. (Press are not allowed in - I’ll reserve my bah humbugs to myself.)

 

[UndiscoveredTruth]

View attachment 327343 to all posting & following this thread.

Cheers!

Hoping for a verdict today!!

RSBM:

Thank you, Niner.

I also want to wish everyone who celebrates Christmas a very Merry Christmas and those who don't, a very Happy Holiday nonetheless. Stay safe peeps.

 

[Niner]

Oh shoot - no verdict, eh?
and from the court site

Monday, Dec 27 2021
08:30AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk/DEF:Kevin Downey
Further Jury Trial (Deliberations)

link: CALENDAR

 

[UndiscoveredTruth]

Ooops, I missed this tweet when it came through on the 24th (3 days ago)

Dorothy Atkins@doratki
Dec 24

In related Holmes news, Balwani's counsel filed his proposed jury questionnaire today. Balwani's proposal asks a lot of the same q's that Holmes asked of jurors, including a q about their media consumption. But this time, I'm on the list.

 

[Niner]

Monday, December 27th:
*Trial continues (Day 43)-VERDICT WATCH! (Day 5) (@ 8:30am 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. $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.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 8/31/21 with jury selection & completed on 9/1/21. 12 jurors of 7 men & 5 women (6 Caucasians, 4 Hispanics & 2 Asians) with five alternates (3 men & 2 women). Juror #7 excused & replaced with alternate #1. Now jurors are 8 men & 4 women. Alternates 2 men & 2 women. 10/6/21: Juror #4 excused & replace with alternate #2. Now jurors are 8 men & 4 women. Alternates 2 men & 1 woman. 10/22/21: The judge excused Juror #5, moving up the third alternate to replace the juror. Both are women. No word on why the juror was excused. Now jurors are 8 men & 4 women. Alternates 2 men.
Trial began on 9/8/21 & ended with closing arguments on 12/17/21. Jury began deliberations on 12/17: ½ hour. 12/20: 6 ½ hours with 1 hours lunch. Total: ~7 hours. 12/21: ~7 ½ hours. Total: ~14 ½ hours. 12/23: ~7 ½ hours. Total: ~22 hours.
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.
Trial dates: 12/27-Jury continues deliberations; from 12/24/21 thru 1/7/22 court is closed.
Indictment & court info from 4/11/20 thru 8/26/21 & on 9/30/21 & on 11/2/21 & jury selection (Day 1-3) 8/31 to 9/2/21 & trial (Day 1-41/Verdict watch: Day 1-3) & 9/8 to 12/16/21 & motions hearing on 11/8, 11/19 & 12/7/21 & charging conference on 12/3 & 12/10/21 reference post #142 here:
VERDICT WATCH - CA - Elizabeth Holmes (Theranos) Wire Fraud Thread #2
12/23/21 Thursday, Trial Day 42/Day 4 of Verdict Watch: Jury continues deliberations. The jurors started deliberations at 8:30am. The jury wants to listen again to audio clips of Elizabeth Holmes' interview with investors from December, 2013.
for more info see post #152 & 154 here:
VERDICT WATCH - CA - Elizabeth Holmes (Theranos) Wire Fraud Thread #2
The jury has gone for the day & will resume jury deliberations on Monday, 12/27/21 at 8:30am. Total deliberations for the day: 7 ½ hours.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Pretrial conference hearing (Motion in Limine) on 1/14/22 & status conference hearing on 1/25/22. Trial was set to begin on 1/11/22 with jury selection & trial on 1/18/22 have been cancelled.

 

[TheLoadedGoat]

Okay...it is noon central time. Did they start at 8:30?

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
1h

It's another rain-soaked December morning in San Jose, and another day of me waiting for the jury to reach a verdict in Elizabeth Holmes' criminal fraud trial. Who thinks today's the day?

Yep, it's happening!

Nah, doubt it