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

[UndiscoveredTruth]

Many thanks for posting the tweets @Niner and also the daily court updates. Much appreciated!

 

[Via Marple]

April 13:

Along with more text messages establishing their relationship, the courtroom heard a lot more of the early ideas the company had back when it was a startup

Text Messages Between Elizabeth Holmes and Sunny Balwani Come to Light in Theranos Trial – NBC Bay Area

 

[UndiscoveredTruth]

April 13:

Along with more text messages establishing their relationship, the courtroom heard a lot more of the early ideas the company had back when it was a startup

Text Messages Between Elizabeth Holmes and Sunny Balwani Come to Light in Theranos Trial – NBC Bay Area

Thanks for posting @Via Marple

 

[LinasK]

and this is all I can find for April 13th trial.

from 4/8 - this is who is on the stand on 4/13.
Next witness up is ex-Theranos product manager Daniel Edlin, who also testified in Elizabeth Holmes' trial. ICYMI, here's my recap of that testimony.

from 4/13:

Dorothy Atkins
@doratki

Good morning from San Jose! I'm in Judge Ed Davila's courtroom for another day of Sunny Balwani's criminal fraud trial. Before calling in the jury, the judge denied Balwani's bid to bar evidence that he and Elizabeth Holmes allegedly lied about Theranos' deals w/ the US military.
·
13h
Over some more objections, prosecutor John Bostic asks how much biz experience Holmes had at the time of the texts. Edlin says her biz experience was limited to Theranos, but Balwani "had had a very successful career."

Over multiple objections by Balwani's counsel, prosecutor asks how old Elizabeth Holmes was at the time of the texts. He says about 30 years old and Balwani ~48.

Edlin's direct exam wrapped with Edlin saying he decided to quit Theranos about a year after WSJ articles came out in 2016 b/c he had reached the conclusion that Theranos' tech couldn't do what the co. claimed it could do.

Amy Walsh is up for Balwani on cross. Her qs focus on his lack of expertise in the sciences and Theranos' IP. She also gets Edlin to acknowledge that Balwani also didn't have a degree in biosciences and that that expertise was Holmes' arena at Theranos.

link: https://twitter.com/doratki

So the idea is to bring out that neither of them were young and naive as an excuse? That they were either both out of their league (knowledge of the biomedical field)/ corrupt liars or both.

 

[UndiscoveredTruth]

Found some more tweets from the other day. @Niner
I'll post the 1st and last tweet from DA (that you already posted) then a bunch that you missed inbetween. I'm not sure what happened and why you were unable to see them. Here we go:

Dorothy Atkins@doratki
Apr 14

Good morning from San Jose! I'm in Judge Ed Davila's courtroom for another day of Sunny Balwani's criminal fraud trial. Before calling in the jury, the judge denied Balwani's bid to bar evidence that he and Elizabeth Holmes allegedly lied about Theranos' deals w/ the US military.

Dorothy Atkins@doratki
Apr 14

Balwani's counsel also wants the judge to exclude from trial texts w/ Elizabeth Holmes in which the pair are complaining about flying commercially. The judge says he's not going to bar the evidence, but he will redact a couple texts b/w them about "clowns."

Dorothy Atkins@doratki
Apr 14

The jury is in the courtroom, and ex-Theranos product manager Daniel Edlin is back on the stand. ICYMI, here's my recap of the last trial day when Edlin first testified in Balwani's trial.

Balwani Jury Can See Evidence Theranos Used Pharma Logos - Law360


Dorothy Atkins@doratki
Apr 14

The gov't has about 2 more hours of Edlin's direct exam, and Balwani's counsel expects his cross will take most of the day, so it doesn't sound like we'll get to another witness today. (Somehow this trial seems to be going much slower than Elizabeth Holmes'.)

Dorothy Atkins@doratki
Apr 14

Prosecutor John Bostic has been showing Edlin Theranos patient marketing material. One brochure distributed in Walgreens says "at Theranos all we need is a tiny sample" & Theranos can perform a "full range of tests." "One drop, a world of answers" and "better answers, faster."

Dorothy Atkins@doratki
Apr 14

Many of the marketing materials say Theranos offered "tests with the highest levels of accuracy." Bostic asks Edlin if he believed Theranos' claims were true. Edlin: "I had no basis to know, but I had no reason to doubt that the claims were accurate."

Dorothy Atkins@doratki
Apr 14

Edlin says he helped prepare binders of Theranos marketing material for investors based on info he got from Holmes and Balwani, and he created a binder for Rupert Murdoch. He says he also worked w/ the military on potential deals, but Holmes gave him all material info.

Dorothy Atkins@doratki
Apr 14

Trial took a break - back now. Before the break, Edlin said he knew Holmes and Balwani were dating b/c when he met Balwani before being hired at Theranos, he was introduced as Holmes' boyfriend. He says their relationship wasn't openly discussed, but he knew they lived together.

Dorothy Atkins@doratki
Apr 14

Some jurors were sitting in the gallery, but they complained so now they're all packed into the jury box in comfy leather seats. The judge says it's the 1st time in 2 yrs he's seen a full jury box & it’s refreshing "as we get back to normalcy." Some jurors clapped and said "yay!"

Dorothy Atkins@doratki
Apr 14

Oh boy, here come the text messages... Prosecutor points to various texts b/w Balwani and Holmes. In 2011 on a flight, Holmes texts Balwani that she "can't be apart from you" for even a few hours. In another exchange, Balwani tells her "you are perfect."

Dorothy Atkins@doratki
Apr 14

Prosecutor points to a Nov. 2014 text exchange b/w Holmes and Balwani. In it, Holmes texts Balwani that "My new life as of this night and forever more

-total confidence in myself best business person of the year

-focus

-details excellent

-dont give what anyone thinks..."


Dorothy Atkins@doratki
Apr 14

Elizabeth Holmes' text to Balwani goes on..

"-Engage employees in meetings by stories and making it about them (ie. prepare well)

No response?"

Balwani replied: "Awesome you are listening."


Dorothy Atkins@doratki
Apr 14

Over multiple objections by Balwani's counsel, prosecutor asks how old Elizabeth Holmes was at the time of the texts. He says about 30 years old and Balwani ~48.

 

[Niner]

Thanks for those updates @UndiscoveredTruth ! Wonder what happened when I looked at her tweets...

 

[Niner]

Friday, April 15th:
*Trial continues (Day 8) (@ 9am PT) - CA – *Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) indicted & charged (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud. 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 & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury: 12 jurors (6 women & 6 men) & 6 alternates (2 women & 4 men). 3/21/22: Jury #1 sick, alternate moves to jury. 12 jurors (6 women & 6 men) & 5 alternates (2 women & 3 men). Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: 4/15, 4/19 & motions hearing, 4/20, 4/22, 4/26, 4/27, 5/3, 5/4, 5/10, 5/11, 5/13, 5/17, 5/18 & 5/20.
Indictment & court info from 4/11/20 thru 3/8/22 & Jury selection (Day 1-4) 3/9/22 to 3/15/22 & 3/16 to 3/21/22 & Trial Days 1-2 (3/22 to 3/23/22) & hearing on 3/29/22 & Trial Days 3-6 (3/30 to 4/5/22) & 4/12/22 reference post #100 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
4/13/22 Wednesday, Trial Day 7: Before calling in the jury, the judge denied Balwani's bid to bar evidence that he & Elizabeth Holmes allegedly lied about Theranos' deals with the US military. Balwani's counsel also wants the judge to exclude from trial texts w/ Elizabeth Holmes in which the pair are complaining about flying commercially. The judge says he's not going to bar the evidence, but he will redact a couple texts b/w them about "clowns."
Government witness: Ex-Theranos product manager Daniel Edlin.
for more info see post #100 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
Daniel Edlin continued. Text messages between Balwani & Hughes.
for more info see post #105 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
Along with more text messages establishing that relationship, the courtroom heard a lot more of the early ideas the company had back when it was a startup. Trial continues on Friday, 4/15/22.
*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.

 

[UndiscoveredTruth]

Thanks for those updates @UndiscoveredTruth ! Wonder what happened when I looked at her tweets...

Hi Niner. After Dorothy's 1st tweet for the day i.e. Good morning etc, I click onto the bit where it says Show Thread. Did you do that? If you did and the tweets didn't appear for you then I have no idea why. It's weird, mind you, stranger things have happened to me online LOL.

Just a heads up..Good Friday is almost over here. Is court open on Good Friday? I saw the trial continues on 15/4/22. Anyway, I'm going out of town for the weekend and so will have to catch up with the tweets as soon as I get back. (If there are any tweets that is).

Happy Easter to those who're celebrating and Happy Holidays to one and all!!!

 

[Niner]

Hi Niner. After Dorothy's 1st tweet for the day i.e. Good morning etc, I click onto the bit where it says Show Thread. Did you do that? If you did and the tweets didn't appear for you then I have no idea why. It's weird, mind you, stranger things have happened to me online LOL.

Just a heads up..Good Friday is almost over here. Is court open on Good Friday? I saw the trial continues on 15/4/22. Anyway, I'm going out of town for the weekend and so will have to catch up with the tweets as soon as I get back. (If there are any tweets that is).

Happy Easter to those who're celebrating and Happy Holidays to one and all!!!

Ah - no I didn't click on the Show Thread - maybe that's why I missed all those other tweets.
Good question on Good Friday. I would think they would NOT have trial today - but who knows! It was still on the court site this morning & they are pretty good in updating it.
I shall check the court site before I head for bed tonight - and look & see if there are any tweets. If there are - I'll go ahead & posted them - so enjoy your vacation!

and Happy Easter to you!

 

[Niner]

for Friday, April 15th:

Dorothy Atkins
@doratki
·
Apr 15
Happy Friday from San Jose! I'm waiting for another day of Sunny Balwani's criminal fraud trial to start. Edlin's exam will continue this am & *hopefully* we'll get another witness today. A lively law school class showed up for trial this morning. Oh, to be in school again...

Edlin says Sunny Balwani was in charge of Theranos' software, clinical lab, financial docs and Theranos' deal with Walgreens. "When I was asked to compile some investor binders, I recall that Elizabeth [Holmes] told me to get the financial section from Balwani."

The parties wrapped Dan Edlin's exam and trial is breaking for the day. We'll be back Tuesday with a new mystery witness who Balwani's counsel says is a "fairly important" witness. His exam will probably take the day.

link: https://twitter.com/doratki

 

[Niner]

Tuesday, April 19th:
*Motions Hearing (@ 8:30am) & *Trial continues (Day 9) (@ 9am PT) - CA – *Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) indicted & charged (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud. 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 & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury: 12 jurors (6 women & 6 men) & 6 alternates (2 women & 4 men). 3/21/22: Jury #1 sick, alternate moves to jury. 12 jurors (6 women & 6 men) & 5 alternates (2 women & 3 men). Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: 4/19 & motions hearing, 4/20, 4/22, 4/26, 4/27, 5/3, 5/4, 5/10, 5/11, 5/13, 5/17, 5/18 & 5/20.
Indictment & court info from 4/11/20 thru 3/8/22 & Jury selection (Day 1-4) 3/9/22 to 3/15/22 & 3/16 to 3/21/22 & Trial Days 1-2 (3/22 to 3/23/22) & hearing on 3/29/22 & Trial Days 3-6 (3/30 to 4/5/22) & 4/12/22 reference post #107 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
4/15/22 Friday, Trial Day 8: Government witnesses: Ex-Theranos product manager Daniel Edlin.
for more info see post #110 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
Trial continues on Tuesday, 4/19/22 with a motions hearing @ 8:30am & trial begins @ 9am.
*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.

 

[UndiscoveredTruth]

Thanks again for posting the tweets @Niner: There's more when clicking onto the Show Thread--here's what I got:

Dorothy Atkins@doratki
Apr 16

Happy Friday from San Jose! I'm waiting for another day of Sunny Balwani's criminal fraud trial to start. Edlin's exam will continue this am & *hopefully* we'll get another witness today. A lively law school class showed up for trial this morning. Oh, to be in school again...

Dorothy Atkins@doratki
Apr 16

Judge Ed Davila is on the bench. The morning will be taken up with some more of ex-Theranos product manager Dan Edlin's cross, and trial is going to break for the week just before noon. Sounds like we won't get to another witness today.

Dorothy Atkins@doratki
Apr 16

The jury is in the courtroom, and Edlin is in the witness box. Balwani's counsel Amy Walsh is up, and starts by asking Edlin about @rparloff's Fortune Magazine interview with Elizabeth Holmes Edlin says he helped Holmes prepare for the interview.

Dorothy Atkins@doratki
Apr 16

Balwani's counsel shows a list of 'action items' to prep Holmes for her interview. Daniel Young was responsible for giving her some data, but she was responsible for proficiency testing data, pharma reports and valuation reports. Edlin agrees Balwani didn't give her data.

Dorothy Atkins@doratki
Apr 16

Balwani's atty asks Edlin if Balwani was present during
@rparloff interview w/ Elizabeth Holmes. He says he doesn't know. Switching topics, the atty tries to get Edlin to concede Theranos' Army burn study was a success. He says it was completed, but they needed more participants.

Dorothy Atkins@doratki
Apr 16

Balwani's counsel asks Edlin a bunch of q's about Theranos' AFRICOM deal, and gets him to acknowledge that the military brought Theranos' devices to Africa to test if they turned on in extreme conditions. But he notes that they weren't used on patients in the field.

Dorothy Atkins@doratki
Apr 16

Balwani's counsel points to a 2013 email in which Edlin asks Balwani to review his response to the military about complying with the military's IT requirements in Afghanistan. Edlin says Balwani was in charge of the team that was working on Theranos' IT and network capabilities.

Dorothy Atkins@doratki
Apr 16

Balwani's counsel flipped through Feb-July 2013 emails in which a DOD staffers told Edlin they needed to ship Theranos devices soon, b/c military funding would expire. Edlin's responses basically said they were working on it, but were also trying to rollout devices commercially.

Dorothy Atkins@doratki
Apr 16

Balwani's counsel gets Edlin to acknowledge Balwani wasn't involved in Theranos' pharma deals as far as he knows, and Elizabeth Holmes supervised him and was the point person on interactions w/ pharma co.

Dorothy Atkins@doratki
Apr 16

Edlin's cross wrapped with Balwani's counsel getting Edlin to acknowledge that Elizabeth Holmes "could really hold a room," was an "engaging speaker" w/ a "commanding voice" and she understood assays, how Theranos' devices worked and was listed as an inventor on patents.

Dorothy Atkins@doratki
Apr 16

After a break, prosecutor John Bostic is up for redirect - covering a lot of ground quickly. Edlin acknowledges he wasn't in every meeting w/ Holmes, Balwani and VIPs. He says Balwani's team created the demo protocol for VIPs, which ran tests on 'null' protocols that hid errors.

Dorothy Atkins@doratki
Apr 16

Bostic asks Dan Edlin if he believes the goal of showing VIPs how well Theranos' technology worked was served by using software that hid errors from them.

Edlin: "I don’t know."

Dorothy Atkins@doratki
Apr 16

Edlin says Sunny Balwani was in charge of Theranos' software, clinical lab, financial docs and Theranos' deal with Walgreens. "When I was asked to compile some investor binders, I recall that Elizabeth [Holmes] told me to get the financial section from Balwani."

Dorothy Atkins@doratki
Apr 16

The parties wrapped Dan Edlin's exam and trial is breaking for the day. We'll be back Tuesday with a new mystery witness who Balwani's counsel says is a "fairly important" witness. His exam will probably take the day.

 

[Niner]

Thanks for those additional tweets @UndiscoveredTruth ! I have to remember to look at that "Show Thread" thingy...

 

[UndiscoveredTruth]

Trial continues on Tuesday, 4/19/22 with a motions hearing @ 8:30am & trial begins @ 9am.

Good Morning Everyone. It's 7.20am Wednesday the 20th of April here which means Court should be opened in San Jose and Trial well under way! However, there are no tweets to post from Dorothy Atkins yet. Perhaps she slept in. Waiting patiently!

 

[LinasK]

Good Morning Everyone. It's 7.20am Wednesday the 20th of April here which means Court should be opened in San Jose and Trial well under way! However, there are no tweets to post from Dorothy Atkins yet. Perhaps she slept in. Waiting patiently!

Um, it's Tuesday the 19th here in the Bay Area...

 

[UndiscoveredTruth]

Um, it's Tuesday the 19th here in the Bay Area...

That's right, and the trial should be well underway cause it's Wednesday 20th with me LOL. When I posted my comment it was after midday in San Jose and according to the court updates Niner posted the trial continues on Tuesday, 19th at 9am

Trial continues on Tuesday, 4/19/22 with a motions hearing @ 8:30am & trial begins @ 9am.

Dorothy's last tweet on the 16th: BBM

Dorothy Atkins@doratki
Apr 16

The parties wrapped Dan Edlin's exam and trial is breaking for the day. We'll be back Tuesday with a new mystery witness who Balwani's counsel says is a "fairly important" witness. His exam will probably take the day.

 

[UndiscoveredTruth]

Hmmm

Krista@KristaNicole17
Apr 19

Is Balwani’s trial resuming today? Thanks for your reporting - it has been getting zero coverage. Do you know if Elizabeth was on the prosecution’s witness list?

Dorothy Atkins@doratki
Apr 19

She is, but along with more than 100 others, and it resumes tomorrow.

LOL Grrr..here I am already to post the tweets--ah well, I'll be here with bells on tomorrow

 

[Niner]

Looks like all they had yesterday was the motions hearing. At least this is what the court site has.

Tuesday, Apr 19 2022
08:30AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Motion for Miscellaneous Relief

Wednesday, Apr 20 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial

link: CALENDAR

 

[Niner]

Wednesday, April 20th:
*Trial continues (Day 9) (@ 9am PT) - CA – *Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) indicted & charged (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud. 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 & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury: 12 jurors (6 women & 6 men) & 6 alternates (2 women & 4 men). 3/21/22: Jury #1 sick, alternate moves to jury. 12 jurors (6 women & 6 men) & 5 alternates (2 women & 3 men). Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: 4/20, 4/22, 4/26, 4/27, 5/3, 5/4, 5/10, 5/11, 5/13, 5/17, 5/18 & 5/20.
Indictment & court info from 4/11/20 thru 3/8/22 & Jury selection (Day 1-4) 3/9/22 to 3/15/22 & 3/16 to 3/21/22 & Trial Days 1-2 (3/22 to 3/23/22) & hearing on 3/29/22 & Trial Days 3-8 (3/30 to 4/5/22) & 4/12/22 reference post #111 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
4/19/22 Tuesday: Was only motions hearing, no info available. Trial Day 9 continues on 4/20/22.
*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.

 

[UndiscoveredTruth]

Good morning Everyone. I have one tweet to share from Dorothy Atkins this morning:

Dorothy Atkins@doratki
2h

I'm taking a break from covering Sunny Balwani's fraud trial this week, but my colleague@bonnieeslinger
is on it. Ex-walgreens VP Nimesh Jhaveri took the stand yesterday and his cross continues today. After him, I believe Adam Rosendorff is up next.

Theranos Never Fulfilled Finger Stick Test Promise, Jury Hears - Law360

(Bonnie Eslinger hasn't been tweeting anything in regards to the trial yesterday or today. If anyone finds any articles or updates (or another reliable court tweeter) as to whats going on in the courtroom please share so we can all continue to follow the trial. Thanks.)