CA - Elizabeth Holmes (Theranos) Wire Fraud

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Niner said:
No doubt. That's where I got my info! :) I think!
Click to expand...
The US Justice link cites 9 counts of wire fraud.

The indictment charges each defendant with two counts of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and nine counts of wire fraud, in violation of 18 U.S.C. § 1343.
 
Seattle1 said:
The US Justice link cites 9 counts of wire fraud.

The indictment charges each defendant with two counts of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and nine counts of wire fraud, in violation of 18 U.S.C. § 1343.
Click to expand...

So you think I should go with the 9 and not the 10?
 
Niner said:
So you think I should go with the 9 and not the 10?
Click to expand...
Both MSM and US Justice cite 9 counts wire so I think this must be accurate. What is the source one more count added for a total of 10? (I can't do it today but I'll try to check Pacer later).
 
Seattle1 said:
Both MSM and US Justice cite 9 counts wire so I think this must be accurate. What is the source one more count added for a total of 10? (I can't do it today but I'll try to check Pacer later).
Click to expand...

Here it is - People article post #274 by Luna:

Disgraced Theranos Founder Elizabeth Holmes Welcomes First Baby Ahead of Criminal Fraud Trial

Elizabeth Holmes is currently facing 10 counts of wire fraud and two counts of conspiracy to commit wire fraud

Three months later, the U.S. Attorney's Office in San Francisco charged Holmes and Balwani with nine counts of wire fraud and two 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.
 
Niner said:
Here it is - People article post #274 by Luna:

Disgraced Theranos Founder Elizabeth Holmes Welcomes First Baby Ahead of Criminal Fraud Trial

Elizabeth Holmes is currently facing 10 counts of wire fraud and two counts of conspiracy to commit wire fraud

Three months later, the U.S. Attorney's Office in San Francisco charged Holmes and Balwani with nine counts of wire fraud and two 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.
Click to expand...

I believe the Dept of Justice (link update 8/3/2021) citing the indictment is correct. I think the superseding information charge was probably dismissed as it was alleged, and not by grand jury indictment since filed during Covid.

U.S. v. Elizabeth Holmes, et al.

Elizabeth Holmes' Lawyers Object to Government’s Decision to Amend Charge by Information, Rather Than Indictment | The Recorder
 
Last edited:
Theranos's Holmes: new criminal charge 'unconstitutional'

May 21, 2020

A new felony count that brought the number of criminal fraud charges against Theranos founder Elizabeth Holmes to a dozen is “patently unconstitutional,” her legal team says.

Federal prosecutors earlier this month in a new “information” filed an additional felony fraud charge against Holmes, related to a patient’s blood-test results. The information — a formal accusation by a government lawyer rather than by a grand jury — did not provide details about the charge.

Four days after the charge was filed May 8, Holmes’ lawyer Lance Wade talked to prosecutor Robert Leach “to inquire into the government’s rationale for filing a patently unconstitutional information,” said a filing by Holmes’ defense team in U.S. District Court in San Jose. “Mr. Leach refused to provide any rationale.”

[..]

Her legal team, in the filing Monday, argued that once a person is indicted, “charges may not be broadened through amendment except by the grand jury itself.”

The Fifth Amendment of the U.S. Constitution specifies that criminal defendants can be tried only upon “a presentment or indictment of a grand jury,” a protection implemented through the Federal Rules of Criminal Procedure, Holmes’ team argued. Those rules say an offense punishable by more than a year’s imprisonment — such as the crimes Holmes is alleged to have committed — can only be prosecuted through an information if the defendant waives prosecution by indictment, and Holmes has not done so, her team said.

Prosecutors’ attempt to use an information to broaden the case against Holmes “should be deemed without legal effect and dismissed immediately,” the filing said.
 
Monday, August 10th:
*Motions Hearing (via Zoom) (@ 8am 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 set to begin on 8/31/21. 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. Jury selection on 8/31 & 9/1, trial dates 9/7, 9/8, 9/10, 9/14, 9/15 & 9/17/21.
Indictment & court info from 4/11/20 thru 7/1/21 reference post #230 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud
7/7/21 Update: The lawyer for Theranos founder Holmes, Amy Saharia blamed the federal government Wednesday for the loss of a database (LIS) that Holmes’ company dismantled four days after giving the government an encrypted copy but no way to open it. Holmes’ 10-member legal team wants the judge overseeing her criminal fraud case to prevent the jury from hearing about certain customer complaints, blood-test results & government findings, on the basis that the lost company database contained critical information for her team’s responses to that potential evidence. The data included “almost certainly millions” of accurate test results helpful to Holmes’ case. Federal prosecutors, however, say the information in the database would have highlighted serious problems with the company’s technology. From early in the hearing Wednesday, Saharia faced skepticism from Judge Edward Davila concerning her attempts to convince him that the government — not Theranos — was responsible for the missing data. “So the government, in essence what they were given was a non-working copy if you will of the database — they couldn’t access it,” Davila said. “Even if they had tried to access it in the parking lot when they received it they wouldn’t have been able to access it.” Saharia did not dispute that Theranos had the database dismantled, but she disagreed with Davila’s use of the word “destroyed.” Judge Davila said he would rule on the matter shortly. 300 jurors expected to complete a questionnaire on 8/19 - 8/20. Next motion hearing on 8/9/21 at 10am re motion for miscellaneous relief. Jury selection from 8/31/21 to 9/1/21 & trial begins on 9/7/21, 9/8/21 & 9/10/21 so far.
8/3/21 Update: Motions hearing on 8/9/21 has been rescheduled on 8/10/21 via Zoom at 8am. Status hearing on 8/16/21 in-court at 9am. Gave birth to baby boy on 7/10/21. Motions hearing added on 8/20/21 @ 10am.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Motion hearing on 8/10/21 & trial set to begin on 1/11/22 with jury selection & trial starts on 1/18/22.

ALSO:
*Motions Hearing (via Zoom) (@ 8am PT) - CA – for *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.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial set to begin on 1/11/22 with jury selection beginning on 1/8/22.
Indictment & court info from 4/11/20 thru 3/16/21 reference post #230 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud
3/25/21 Update: Status conference set for 3/25/21 is continued to 7/8/21. Status reports due by 6/28/21. Motion for miscellaneous relief on 8/9/21.
8/3/21 Update: Motions hearing on 8/9/21 has been rescheduled on 8/10/21 via Zoom at 8am.
*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Motion hearing on 8/10/21. Motions hearing on 8/20/21. Jury selection set to begin on 8/31/21 & 9/1/21. Trial set to begin on 9/7/21.
 
Added for Holmes:

Friday, Aug 20 2021

- No Calendar Matters Currently Set
10:00AM
5:18-cr-00258-EJD - USA v. Elizabeth Holmes
For connection information, please see the judge's page.
For connection information, plea
Motion for Miscellaneous Relief
Motion to Exclude
Motion to Strike

link: CALENDAR
 
Holmes:

Next:
Monday, Aug 16 2021
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes (NC)
AUSA: Jeffrey Schenk / DEF: Kevin Downey
Status Conference (IN-COURT)

Friday, Aug 20 2021
10:00AM
5:18-cr-00258-EJD - USA v. Elizabeth Holmes
For connection information, please see the judge's page.
For connection information, plea
Motion for Miscellaneous Relief
Motion to Exclude
Motion to Strike

Next with Balwani:
Thursday, Aug 26 2021
11:30AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk / DEF: Kevin Downey
Intervenors Motion (Via Zoom Webinar Remotely)

5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
AUSA: Jeffrey Schenk / DEF: Jeffrey Coopersmith
Intervenors Motion (Via Zoom Webinar Remotely)


For Holmes -
Tuesday, Aug 31 2021
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk / DEF: Kevin Downey
Jury Selection
Wednesday, Sep 1 2021
And added to trial dates:

added to court dates:
Tuesday, Sep 21 2021
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk / DEF: Kevin Downey
Jury Trial
Wednesday, Sep 22 2021

- Judge Unavailable
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk / DEF: Kevin Downey
Jury Trial

link: CALENDAR
 
Monday, August 16th:
*Status Hearing (@ 9am 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 set to begin on 8/31/21. 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. Jury selection on 8/31 & 9/1, trial dates 9/7, 9/8, 9/10, 9/14, 9/15, 9/17, 9/21, 9/22, 9/24 so far.
Indictment & court info from 4/11/20 thru 7/7/21 reference post #288 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud
8/3/21 Update: Motions hearing on 8/9/21 has been rescheduled on 8/10/21 via Zoom at 8am. Status hearing on 8/16/21 in-court at 9am. Gave birth to baby boy on 7/10/21. Motion hearing on 8/20/21 @ 10am.
8/10/21 Update: Next status hearing on 8/16/21, Motions hearing on 8/20/21 re Motion for miscellaneous relief, motion to exclude & motion to strike & Intervenors motion hearing on 8/26/21 with Balwani via Zoom. Jury selection starts on 8/31/21 & trial starts on 9/7/21.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Intervenors motion hearing on 8/26/21 & trial set to begin on 1/11/22 with jury selection & trial starts on 1/18/22.
 
Elizabeth Holmes's attorneys want fraud trial jurors be quizzed on her being a 'celebrity' | Daily Mail Online

Aug 17, 2021

Attorneys for Elizabeth Holmes asked on Monday to be allowed to question prospective jurors in her fraud trial on how much they know about the disgraced ex Theranos CEO due to her 'celebrity.'

Jury selection in the trial begins on August 31, and is expected to take two days. Opening statements are set to begin on September 8

Holmes is charged with a dozen counts of wire fraud and conspiracy to commit wire fraud as CEO of the defunct blood-testing firm Theranos, which she founded in 2003.

@Niner
 
Friday, August 20th:
*Motions Hearing (@ 10am 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 set to begin on 8/31/21 with jury selection. 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. Jury selection on 8/31 & 9/1, trial dates 9/7, 9/8, 9/10, 9/14, 9/15, 9/17, 9/21, 9/22, 9/24, 9/28, 9/29 so far.
Indictment & court info from 4/11/20 thru 8/3/21 reference post #292 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud
8/10/21 Update: Next status hearing on 8/16/21, Motions hearing on 8/20/21 re Motion for miscellaneous relief, motion to exclude & motion to strike & Intervenors motion hearing on 8/26/21 with Balwani via Zoom. Jury selection starts on 8/31/21 & trial starts on 9/7/21.
8/16/21 Update: Attorneys for Holmes asked on Monday to be allowed to question prospective jurors in her fraud trial on how much they know about the disgraced ex Theranos CEO due to her 'celebrity.' & Amy Saharia, an attorney for Holmes also asked Judge that the jurors be warned about bias toward star witnesses that could include Rupert Murdoch, Henry Kissinger & James Mattis. They also asked to add instruction to jury questionnaires regarding their social media consumption habits, specifically on Reddit, warning that they could potentially lead to a mistrial. They also want to know if jurors have read books about the Theranos scandal, like John Carreyrou’s 2018 work Bad Blood: Secrets and Lies in a Silicon Valley Startup & watched critical documentaries like HBO’s The Inventor: Out for Blood in Silicon Valley. They also demanded to know if prospective jurors regularly read any of 46 publications including The Wall Street Journal, DailyMail.com & the New Yorker, which have extensively covered the blood testing scandal she is engulfed in. And her lawyers also asked to know if any jurors take medications such as Xanax - an anti-anxiety medication which can cause drowsiness - which could impede their ability to hear the case. Judge Edward Davila denied Holmes attorneys' request to go beyond traditional jury selection questioning & instructions. Also discussed at Monday's pre-trial hearing were measures to prevent the spread of Covid-19 & space allotment for friends & family members. Attorneys told Judge Davila that Holmes plans to attend the trial with three friends or family members & prefers to go without face covering. Witnesses will also be encouraged to go mask-less, Judge Davila announced, in order for jurors to see their facial expressions. He also said he will likely ask jurors to wear masks & provide vaccination status information & warned for potential delays due to Covid-19 outbreaks among those in attendance. Jury selection in the trial begins on 8/31/21 & is expected to take two days. Opening statements are set to begin on 9/8/21. Next motions hearing on 8/20/21.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Intervenors motion hearing on 8/26/21 & trial set to begin on 1/11/22 with jury selection & trial starts on 1/18/22.
 
Thursday, August 26th:
*Intervenors Motions Hearing (@ 11:30am PT) - CA – for *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.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial set to begin on 1/11/22 with jury selection beginning on 1/8/22.
Indictment & court info from 4/11/20 thru 3/25/21 reference post #288 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud
8/3/21 Update: Motions hearing on 8/9/21 has been rescheduled on 8/10/21 via Zoom at 8am. 8/10/21 Update; Intervenors motion hearing on 8/26/21.

ALSO:
*Intervenors Motions Hearing (@ 11:30am 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 set to begin on 8/31/21 with jury selection. 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. Jury selection on 8/31 & 9/1, trial dates 9/7, 9/8, 9/10, 9/14, 9/15, 9/17, 9/21, 9/22, 9/24, 9/28, 9/29 so far.
Indictment & court info from 4/11/20 thru 8/16/21 reference post #297 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud
8/20/21 Update: Motions hearing on 8/20/21. Regarding motion for miscellaneous relief, motion to exclude & motion to strike discussed. Next intervenors motion hearing on 8/26/21.
 
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