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

[Niner]

Friday, June 24th:
*Trial continues (Day 24)-VERDICT WATCH! In the afternoon (@ 9am PT) - CA – *Ramesh “Sunny” Balwani (53/now 57) (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. SEC 5:18-cv-01603 filed 3/14/18 pending; plead not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury left: 12 jurors (8 women & 4 men) & 2 alternates (2 men). See post #203 here for jury eliminations:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-11
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. The Government rested their case on 5/20/22. Defense rested their case on 6/9/22. Trial dates so far: 6/24, 6/28, 6/29, 7/1, 7/5, 7/6, 7/8/22. – The stricken trial dates are no longer on the court site.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-20 (5/4 & 5/20/22) & 5/17, 5/19, 5/23 & 6/10/22 (no jurors) & Trial Days 21-22 (6/21 & 6/22/22) reference post #217 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-11
6/23/22 Thursday, Trial Day 23: Closing arguments continued by defense attorney Jeff Coopersmith.
For more info see post #220 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-11
Government will be doing rebuttal arguments & jurors will hopefully get the case by the afternoon on 6/24/22. Apparently a lot of the jurors have conflicting travel plans around July 4th, so scheduling deliberations is going to be tricky. The judge is considering swapping seated Juror No 10 with an alternate, because she's on vacation for a week starting Sunday.
*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. Sentencing hearing on 9/26/22. Filed (5/27/22) for dismissal of all charges. Next motions hearing on 7/21/22.

 

[JerseyGirl]

Former Theranos executive Sunny Balwani's fraud trial heads to jury

Prosecutors and lawyers for Sunny Balwani -- the ex-boyfriend of Theranos founder Elizabeth Holmes -- wrapped up their closing arguments on Thursday.

abcnews.go.com

 

[Niner]

for Friday, June 24th:

Dorothy Atkins
@doratki
Trial is back in session, and Bostic tells the jury he has "about a quarter" left in his presentation before Balwani's criminal case goes to a jury. The next topic to address: Sunny Balwani's relationship with Elizabeth Holmes.

Bostic says Sunny Balwani would not have been "star struck" by Elizabeth Holmes. They were involved romantically, and they also collaborated "on many, if not all," aspects of the company, controlling it together. "They were partners in every sense of the word," Bostic says.

Bostic says Sunny Balwani had lot of influence over Elizabeth Holmes. "Mr Balwani was older and more experienced than Ms Holmes," and it's no surprise that his advice influenced her. (The prosecutor notably doesn't mention Holmes' sexual & physical abuse claims against Balwani.)

Bostic tells jurors to look at Holmes and Balwani text messages. "Mr Balwani was not shy about expressing his opinions, and Ms Holmes was receptive to that input," Bostic says.

Bostic says the pattern in the defense’s arguments is that Balwani's "favorite evidence" is evidence that is not in the record (ie. the missing Theranos database) and witnesses who did not testify. But Bostic says the jury should not speculate about what is not in the record.

Balwani’s attorney raised another objection to a document and info he claims wasn’t in evidence. (The objection looks like it woke up one sleeping juror.) The judge overrules the objection after the govt says it is in evidence.

Lol, Bostic says the Theranos lab directors Balwani hired to replace Adam Rosendoff “might as well have been cardboard cutouts” because they didn’t do anything. Zing.

Bostic ends the govt’s closings (!) by telling jurors to “trust your own common sense, trust your eyes, trust your memory of the evidence” and convict Balwani of all 12 counts.

Trial is taking a 12 minute break, and then the judge needs to read the jury instructions, which will likely take about an hour. That leaves them with about 2 hours to deliberate.

The judge finished reading jury instructions, and the jury is just retired to deliberate. The one juror who has struggled to keep his eyes open is wide awake now.
[me: time stamp for me is 12:09am - which would be 2pm ET - so going with jury started deliberations at 2pm to 4pm]

The attorneys all filed back into Judge Davila's courtroom. I expect we're about to hear what the jury's deliberation schedule will be.

Judge Davila says the jury planned to deliberate until 4 today, but he wants to bring Juror No. 10 in to ask about her vacation plans and then swap her with jury alternate no. 5.

After about 20 minutes of formality, Judge Davila excused juror no. 10 so she can go on her planned weeklong vacation Sunday. A jury alternate replaces her. There's one alternate left. The 12-member jury panel is now made up of five men and seven women.

There’s now some confusion over when the jury will be back deliberating - Monday or Tuesday. Omg, nothing is simple!

link: https://twitter.com/doratki



and a note: All the court site has is for Tuesday, June 28th. Everything else is gone.

 

[Niner]

Docket updated - added more dates - I did notice there are NO times for any of the deliberations.


Tuesday, Jun 28 2022
5:18-cr-00258-EJD-2 - USA v. Ramesh Balwani
Jury Trial

Wednesday, Jun 29 2022
5:18-cr-00258-EJD-2 - USA v. Ramesh Balwani
Jury Trial

Tuesday, Jul 5 2022
5:18-cr-00258-EJD-2 - USA v. Ramesh Balwani
Jury Trial

Wednesday, Jul 6 2022
5:18-cr-00258-EJD-2 - USA v. Ramesh Balwani
Jury Trial

Thursday, Jul 7 2022
5:18-cr-00258-EJD-2 - USA v. Ramesh Balwani
Jury Trial

Friday, Jul 8 2022
5:18-cr-00258-EJD-2 - USA v. Ramesh Balwani
Jury Trial

link: CALENDAR

 

[Niner]

This is the only tweet I could find for yesterday - but the jury wasn't in yesterday.

Michael Liedtke
@liedtkesfc
·
Jun 27
I was told the jury set its schedule for deliberations on June 28-June 29 this week so off Monday, as well through July 4, if they don't reach a verdict by this Wednesday. Stay tuned, I guess....

link:

https://twitter.com/x/status/1540474360443547648

 

[Niner]

Tuesday, June 28th:
*Trial continues (Day 25)/Jury Deliberations (Day 2)-VERDICT WATCH! (@ 9am PT) - CA – *Ramesh “Sunny” Balwani (53/now 57) (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. SEC 5:18-cv-01603 filed 3/14/18 pending; plead not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury left: 12 jurors (8 women & 4 men) & 2 alternates (2 men). Jury change: Judge excuses #10 (vacation plans) & replaces her with alternate #5. Jury Self: 12 jurors (7 women & 5 men) & 1 alternate (man). See post #203 here for jury eliminations:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-11
Jury Deliberations: 6/24/22: ~2 hours. Total: ~2 hours.
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. The Government rested their case on 5/20/22. Defense rested their case on 6/9/22. Trial dates so far for jury deliberations: 6/28, 6/29, 7/5, 7/6, 7/7 & 7/8/22.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-20 (5/4 & 5/20/22) & 5/17, 5/19, 5/23 & 6/10/22 (no jurors) & Trial Days 21-23 (6/21 & 6/23/22) reference post #221 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
6/24/22 Friday, Trial Day 24: Government gave rebuttal arguments by prosecutor John Bostic.
For more info see post #222 (article) & 223 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
Apparently a lot of the jurors have conflicting travel plans around July 4th, so scheduling deliberations is going to be tricky. The judge replaced seated Juror No 10 with an alternate #5, because she's on vacation for a week starting Sunday.
Jurors received the case by the afternoon on 6/24/22 @ about 2pm PT & deliberated until 4pm. Deliberations continued on Tuesday, 6/28/22.
*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. Sentencing hearing on 9/26/22. Filed (5/27/22) for dismissal of all charges. Next motions hearing on 7/21/22.

 

[Niner]

for Tuesday, 6/28

Dorothy Atkins
@doratki
·
13h
Hi from San Jose! I'm sitting outside Judge Davila's courtroom w/ a few other reporters waiting for a verdict in Sunny Balwani's fraud trial. None of us think a verdict will be reached today, or even this week, but ya never know. Jury's deliberating until 5 today. Whuddya think?

We've got a little longer than 3 hours left in the day of jury deliberations and so far there hasn't been a peep from the jury. Juries typically don't reach verdicts until after lunch, but they also usually have notes when they're getting close.

News! The prosecutors are going into the courtroom. Maybe we've got a verdict! Or maybe it's just a note. Standby...

The jury has a note, according to prosecutors. We’re waiting on the defense team to get here.

Balwani is in the courtroom, along with four of his attorneys, including Jeff Coopersmith of @Orrick
. We're waiting on the judge now.

Judge Ed Davila is on the bench. The judge says he has a question from the jury. The attorneys are reviewing the jury's question. There's some whispering among the legal teams. The suspense is high.

The jury note says: "I would like to know what happens if the jury cannot agree [to] a specific count? What other options we have in regards to guilty and not guilty?"

This was also a question that the Holmes jury had, although it took them much longer to raise it.

In response to the jury's question, the judge says he's going to give them jury instruction No. 29 again, which is the 'duty to deliberate' instruction. This is the same thing he did for Holmes' trial too.

Judge Davila says it's premature to give the jury the 'deadlocked jury' instruction, since they've only been deliberating for a day.

The judge retired into his chambers, and that's all for now. Based on the jury's question, I think it's safe to say that at least one juror thinks Balwani is guilty of something.

The Balwani jury has been deliberating for just over six hours. (They began last Friday, but then had to restart today with a new juror after the judge excused a juror who was going on a vacation.) Would be wild if the jury reaches a verdict today, but not impossible.

There's one hour left of deliberations today in Sunny Balwani's criminal fraud trial. No news.

The jury’s gone for the day. No verdict today!

link: https://twitter.com/doratki



edited to add stuff - forgot about that "Show Thread" -

 

[Niner]

Wednesday, June 29th:
*Trial continues (Day 26)/Jury Deliberations (Day 3)-VERDICT WATCH! (@ 9am PT) - CA – *Ramesh “Sunny” Balwani (53/now 57) (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. SEC 5:18-cv-01603 filed 3/14/18 pending; plead not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury left: 12 jurors (8 women & 4 men) & 2 alternates (2 men). Jury change: Judge excuses #10 (vacation plans) & replaces her with alternate #5. Jury Self: 12 jurors (7 women & 5 men) & 1 alternate (man). See post #203 here for jury eliminations:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-11
Jury Deliberations: 6/24/22: ~2 hours. Total: ~2 hours. 6/27/22: ~7 hours (no lunch break). Total: ~9 hours. 6/28/22: ~8 hours. Total: ~17 hours.
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. The Government rested their case on 5/20/22. Defense rested their case on 6/9/22. Trial dates so far for jury deliberations: 6/29, 7/5, 7/6, 7/7 & 7/8/22.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-20 (5/4 & 5/20/22) & 5/17, 5/19, 5/23 & 6/10/22 (no jurors) & Trial Days 21-24 (6/21 & 6/24/22) & Jury Deliberations Day 1 (6/24/22) reference post #227 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
6/28/22 Tuesday, Trial Day 25/Jury Deliberations Day 2: Jurors continued deliberations. The jury had a note. Balwani is in the courtroom, along with four of his attorneys, including Jeff Coopersmith. Judge Ed Davila is on the bench. The judge says he has a question from the jury. The attorneys are reviewing the jury's question. The jury note says: "I would like to know what happens if the jury cannot agree [to] a specific count? What other options we have in regards to guilty and not guilty?" In response to the jury's question, the judge says he's going to give them jury instruction No. 29 again, which is the 'duty to deliberate' instruction. Judge Davila says it's premature to give the jury the 'deadlocked jury' instruction, since they've only been deliberating for a day. The judge retired into his chambers, and that's all for now. Based on the jury's question, The Balwani jury has been deliberating for just over six hours. They began last Friday, but then had to restart today with a new juror after the judge excused a juror who was going on a vacation.
For more info see post #227 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
Jurors deliberated from 9am to 5pm – counting no lunch break. Deliberations continued on Wednesday, 6/29/22.
*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. Sentencing hearing on 9/26/22. Filed (5/27/22) for dismissal of all charges. Next motions hearing on 7/21/22.

 

[Niner]

Too late to edit my above post - but deliberations will start 8am 6/29/22 per court site.

and there are no more court dates after today. Guess they took them off the court site.
I'll check again later today or tomorrow. The next one WAS supposed to be on 7/5.

Maybe they believe there will be a verdict today - ??

 

[Niner]

for Wednesday, June 29th:


Dorothy Atkins
@doratki
Good morning from San Jose! I’m here for day 2 of jury deliberations in Sunny Balwani’s fraud trial. The jury started deliberating at 8 this morning and prosecutors just went into Judge Davila’s courtroom. Maybe there’s another note? Or a verdict?! Standby for updates….

Defense attorneys are here in the courtroom, as is Sunny Balwani, and some reporters. We're waiting on the judge now.

The court docket indicates that there's another jury note, so no verdict yet.

The jury note says "trial exhibit 5441 says it should be available in native format ... but we do not see it." The exhibit looks like a lengthy ~50 page excel spreadsheet of Theranos financial projections that was attached to an email exchange w/ investor Brian Grossman.

After some discussion among the attorneys, counsel for both sides identified exhibit 4093, which is the spreadsheet in its "native format." The judge says he will inform the jury and "I'll see you soon." That's all for now!

Over the past hour or so some jurors went out, I assume for a lunch break, but I've seen at least one return. The jury is deliberating until 5 today. Who thinks we'll get a post-lunch verdict today?

There’s 2.5 hours left in deliberations today and it looks like some jurors just took a coffee break. Aside from a few of us reporters pacing and speculating about the verdict, things have been quiet.

Loud laughter just erupted from the jury room that us reporters in the courthouse hallway could hear. "Not sure what to make of that," says one reporter. "Are they playing charades?" another reporter asks.

And the jurors are leaving for the day. No verdict this week!

For those who are asking, the jury is off for the rest of the week. They're taking a break and will be back deliberating Tuesday morning after the 4th of July.


link: https://twitter.com/doratki/status/1542178840717303810



from court site:

Tuesday, Jul 5 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial

link: CALENDAR

 

[Niner]

I think I'm confused on What day this is... for some reason I had 6/27 in there for deliberations - so trying to correct this...


Tuesday, July 5th:
*Trial continues (Day 28)/Jury Deliberations (Day 4)-VERDICT WATCH! (@ 8am PT) - CA – *Ramesh “Sunny” Balwani (53/now 57) (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. SEC 5:18-cv-01603 filed 3/14/18 pending; plead not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury left: 12 jurors (8 women & 4 men) & 2 alternates (2 men). Jury change: Judge excused #10 (vacation plans) & replaces her with alternate #5. Jury Self: 12 jurors (7 women & 5 men) & 1 alternate (man). See post #203 here for jury eliminations:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-11
Jury Deliberations: 6/24/22 Day 1: ~2 hours. Total: ~2 hours. 6/28/22 Day 2: ~8 hours. Total: ~10 hours. 6/29/22 Day 3: ~8 hours. Total: ~18 hours.
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. The Government rested their case on 5/20/22. Defense rested their case on 6/9/22. Trial dates so far for jury deliberations: 7/5.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-20 (5/4 & 5/20/22) & 5/17, 5/19, 5/23 & 6/10/22 (no jurors) & Trial Days 21-26 (6/21 & 6/28/22) & Jury Deliberations Day 1-2 (6/24 & 6/28/22) reference post #228 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
6/29/22 Wednesday, Trial Day 27/Jury Deliberations Day 3: Jurors continued deliberations. The jury note says "trial exhibit 5441 says it should be available in native format ... but we do not see it." The exhibit looks like a lengthy ~50 page excel spreadsheet of Theranos financial projections that was attached to an email exchange with investor Brian Grossman. After some discussion among the attorneys, counsel for both sides identified exhibit 4093, which is the spreadsheet in its "native format." The judge says he will inform the jury & "I'll see you soon."
For more info see post #230 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
Jurors deliberated from 8am to 5pm (! hour lunch). Deliberations continued on Tuesday, 7/5/22. Court site says deliberations begin at 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. Sentencing hearing on 9/26/22. Filed (5/27/22) for dismissal of all charges. Next motions hearing on 7/21/22.

 

[LinasK]

I think I'm confused on What day this is... for some reason I had 6/27 in there for deliberations - so trying to correct this...


Tuesday, July 5th:
*Trial continues (Day 28)/Jury Deliberations (Day 4)-VERDICT WATCH! (@ 8am PT) - CA – *Ramesh “Sunny” Balwani (53/now 57) (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. SEC 5:18-cv-01603 filed 3/14/18 pending; plead not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury left: 12 jurors (8 women & 4 men) & 2 alternates (2 men). Jury change: Judge excused #10 (vacation plans) & replaces her with alternate #5. Jury Self: 12 jurors (7 women & 5 men) & 1 alternate (man). See post #203 here for jury eliminations:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-11
Jury Deliberations: 6/24/22 Day 1: ~2 hours. Total: ~2 hours. 6/28/22 Day 2: ~8 hours. Total: ~10 hours. 6/29/22 Day 3: ~8 hours. Total: ~18 hours.
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. The Government rested their case on 5/20/22. Defense rested their case on 6/9/22. Trial dates so far for jury deliberations: 7/5.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-20 (5/4 & 5/20/22) & 5/17, 5/19, 5/23 & 6/10/22 (no jurors) & Trial Days 21-26 (6/21 & 6/28/22) & Jury Deliberations Day 1-2 (6/24 & 6/28/22) reference post #228 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
6/29/22 Wednesday, Trial Day 27/Jury Deliberations Day 3: Jurors continued deliberations. The jury note says "trial exhibit 5441 says it should be available in native format ... but we do not see it." The exhibit looks like a lengthy ~50 page excel spreadsheet of Theranos financial projections that was attached to an email exchange with investor Brian Grossman. After some discussion among the attorneys, counsel for both sides identified exhibit 4093, which is the spreadsheet in its "native format." The judge says he will inform the jury & "I'll see you soon."
For more info see post #230 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
Jurors deliberated from 8am to 5pm (! hour lunch). Deliberations continued on Tuesday, 7/5/22. Court site says deliberations begin at 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. Sentencing hearing on 9/26/22. Filed (5/27/22) for dismissal of all charges. Next motions hearing on 7/21/22.

A verdict could come this week in the federal criminal fraud case against Ramesh “Sunny” Balwani, the former boyfriend of Theranos Founder Elizabeth Holmes who served as the company's COO. Balwani’s lawyers rested their case more than a week ago, following closing arguments in the trial stemming from the collapse of the blood-testing startup.

Further jury deliberations are scheduled to continue Tuesday at 9:00 a.m Pacific Time for 12 jurors tasked with deciding Balwani’s fate on 12 combined counts of wire fraud and conspiracy brought by the U.S. Justice Department back in 2018. Jurors submitted a question to the judge last week, asking what happens if they cannot unanimously agree on a specific count.

Abortion ban challenges, SAS bankruptcy, Theranos trial: 3 legal stories to watch

 

[Niner]

for Tuesday, July 5th:

Dorothy Atkins
@doratki
·
12h
Happy 5th of July! I'm in San Jose for day 3 of jury deliberations in Sunny Balwani's criminal fraud trial. The jury began deliberating about 30 minutes ago and it's been quiet ever since. Who thinks today's the day for a verdict?

There hasn’t been a peep from the jury, but the courthouse artist @courtart
just arrived with some festive new postcards of closing arguments in Sunny Balwani’s trial.

Jurors were about to leave for the day, and a few of them left, but they came back in to discuss a scheduling issue apparently. There’s a lot of confusion about whether they’re done today and when they’ll be back deliberating.

The lack of clarity about the jury’s deliberation schedule is about as maddening as listening to hours of illegal fireworks freak out your dog as your trying to sleep.

The jury is leaving for the day. They’ll be back tomorrow at 9 am, according to courthouse security.

link: https://twitter.com/doratki


From her tweets - I figured 9am to 5pm that the jury deliberating

 

[Niner]

Wednesday, July 6th:
*Trial continues (Day 29)/Jury Deliberations (Day 5)-VERDICT WATCH! (@ 9am PT) - CA – *Ramesh “Sunny” Balwani (53/now 57) (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. SEC 5:18-cv-01603 filed 3/14/18 pending; plead not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury left: 12 jurors (8 women & 4 men) & 2 alternates (2 men). Jury change: Judge excused #10 (vacation plans) & replaces her with alternate #5. Jury Self: 12 jurors (7 women & 5 men) & 1 alternate (man). See post #203 here for jury eliminations:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-11
Jury Deliberations: 6/24/22 Day 1: ~2 hours. Total: ~2 hours. 6/28/22 Day 2: ~8 hours. Total: ~10 hours. 6/29/22 Day 3: ~8 hours. Total: ~18 hours. 7/5/22 Day 4: ~8 hours. Total: ~26 hours.
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. The Government rested their case on 5/20/22. Defense rested their case on 6/9/22. Trial dates so far for jury deliberations: 7/6.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-20 (5/4 & 5/20/22) & 5/17, 5/19, 5/23 & 6/10/22 (no jurors) & Trial Days 21-27 (6/21 & 6/28-6/29/22) & Jury Deliberations Day 1-3 (6/24 & 6/28-6/29/22) reference post #231 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
7/5/22 Tuesday, Trial Day 28/Jury Deliberations Day 4: Jurors continued deliberations from 9am to 5pm.
For more info see post #233 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
Jurors deliberated from 9am to 5pm (! hour lunch). Deliberations continued on 7/6/22.
*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. Sentencing hearing on 9/26/22. Filed (5/27/22) for dismissal of all charges. Next motions hearing on 7/21/22.

 

[Niner]

Thursday, Jul 7 2022

09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Deliberations

link: CALENDAR

 

[Niner]

for Wed. July 6th:

Dorothy Atkins
@doratki
·
14h
Good morning from San Jose! It's day 4 of jury deliberations in Sunny Balwani's criminal fraud trial. The jury began deliberating about 30 minutes ago, and it's quiet in the courthouse hallways.

A few jurors left for a lunch break but they just came back with coffees. We could all use a few cups (or pints) of those as we wait!

Prosecutors are heading into the courtroom. Something is up!

We're waiting on defense counsel to arrive. It's unclear if it's a verdict or just a note. Standby for updates!

The docket says the jury has a note. It will be read in 10 minutes - we're still waiting on the defense team.

Sunny Balwani has entered the courtroom with a bunch of his attorneys. He's wearing a suit and tie. He just sat down at counsel table and quickly glanced around the courtroom.

Judge Ed Davila is back on the bench with another note from the jury. The jury's note asks for clarification on count 10, which is a patient wire fraud count. They want to know if the Theranos lab test is the basis for the interstate wire or the patient's customer service call.

In order to establish federal jurisdiction, prosecutors have to show the fraud happened across state lines. I'm guessing the jury is confused about whether the wire is the customer service call or a fax of the patient's lab tests (I think it's the latter, but could be wrong).

There are a total of 12 counts against Balwani, so the fact the jury is asking about count 10 makes me think (hope) they're getting close to a verdict.

The attorneys disagree over how to respond to the jury's question. The defense wrote out its own response, but the prosecutor Jeff Schenk says the court should just point the jury to the count in the indictment.

Balwani's atty says the jury should be told the "only interstate wire alleged in count 10" is the patient's test results. The jury's memory of testimony is that there was a customer service call & they want to know if it could be the interstate wire- "the answer is 'no,'" he says

The judge seems unconvinced by the defense's argument, and suggests that he'll point the jury to jury instruction No. 20 and specifically lines 23-24. "I don’t want to give them an answer to a question that they haven’t asked," he adds.

And the jurors have left the building - at least some of them. No verdict today!

There's been some confusion over whether the jury is back deliberating tomorrow at 9 or Friday at 9. I think they're back deliberating tmr, but the docket is not helping to clear up the confusion, given that it refers to July 7 as "Wednesday" (oh, for Pete's sake).

Dorothy Atkins
@doratki
·
2h
Just confirmed jury deliberations are continuing tomorrow. (And it sounds like the courthouse PIO is sending out incorrect information about the trial deliberation schedule.)

link: [MEDIA=twitter]1544722561405046784[/MEDIA]

 

[Niner]

I see that Dorothy is not counting the first day of deliberations which was only for 2 hours. That is why she has Day 4 for yesterday & I have Day 5.

Thursday, July 7th:
*Trial continues (Day 30)/Jury Deliberations (Day 6)-VERDICT WATCH! (@ 9am PT) - CA – *Ramesh “Sunny” Balwani (53/now 57) (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. SEC 5:18-cv-01603 filed 3/14/18 pending; plead not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury left: 12 jurors (8 women & 4 men) & 2 alternates (2 men). Jury change: Judge excused #10 (vacation plans) & replaces her with alternate #5. Jury Self: 12 jurors (7 women & 5 men) & 1 alternate (man). See post #203 here for jury eliminations:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-11
Jury Deliberations: 6/24/22 Day 1: ~2 hours. Total: ~2 hours. 6/28/22 Day 2: ~8 hours. Total: ~10 hours. 6/29/22 Day 3: ~8 hours. Total: ~18 hours. 7/5/22 Day 4: ~8 hours. Total: ~26 hours.
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. The Government rested their case on 5/20/22. Defense rested their case on 6/9/22. Trial dates so far for jury deliberations: 7/7/22.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-20 (5/4 & 5/20/22) & 5/17, 5/19, 5/23 & 6/10/22 (no jurors) & Trial Days 21-27 (6/21 & 6/28-6/29/22) & Jury Deliberations Day 1-4 (6/24 & 6/28-6/29, 7/5/22) reference post #234 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
7/6/22 Wednesday, Trial Day 29/Jury Deliberations Day 5: Judge Ed Davila is back on the bench with another note from the jury. The jury's note asks for clarification on count 10, which is a patient wire fraud count. They want to know if the Theranos lab test is the basis for the interstate wire or the patient's customer service call.
for more info see post #236 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-12
Jury deliberated from 9am to 5pm (1 hour lunch). Deliberations continued on 7/7/22.
*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. Sentencing hearing on 9/26/22. Filed (5/27/22) for dismissal of all charges. Next motions hearing on 7/21/22.

 

[Auntie Cipation]

Since I'm pretty sure @Niner has signed off for the night, I will report that the verdict is in and the jury just found Balwani GUILTY of all twelve counts against him!

https://twitter.com/x/status/1545119806763896832

 

[RickshawFan]

Since I'm pretty sure @Niner has signed off for the night, I will report that the verdict is in and the jury just found Balwani GUILTY of all twelve counts against him!

https://twitter.com/x/status/1545119806763896832

Gobsmacked. Guilty on more counts than EH? It looked to me like EH snookered people (namely, jury members, in this case) like she always has, so she was forgiven on many counts. And Bulwani is in almost the opposite demographic. Perhaps that contributed to the verdict.

I thought EH was already in too deep before RB even came to Theranos?

 

[LinasK]

Gobsmacked. Guilty on more counts than EH? It looked to me like EH snookered people (namely, jury members, in this case) like she always has, so she was forgiven on many counts. And Bulwani is in almost the opposite demographic. Perhaps that contributed to the verdict.

I thought EH was already in too deep before RB even came to Theranos?

I think so too. He lacks the "sexy" deep voice and feminine wiles to con people. It angers me that she got let off on the patient charges, because those directly impacted people's lives with the phony test results. I hope that they can file a civil suit against her.