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

LinasK

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I don't have the article handy, but apparently she asked again today for another trial.
 

mickey2942

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I don't have the article handy, but apparently she asked again today for another trial.

Of course, let's just keep throwing stuff at the wall, to see if anything sticks....
 

Niner

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Well - she is getting a hearing for this new dismiss motion.


Monday, Oct 3 2022

01:30PM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
Motion for New Trial

link: CALENDAR


Hopefully this also will be denied...
 

Via Marple

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I agree. It's kind of ridiculous that now he has second thoughts about his testimony, therefore she's not guilty. Smacks of desperation to me. Sentence her already!
Finally manages to buy him off? MOO...
 

Countem

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A trial witness who surprised Theranos founder Elizabeth Holmes at her home last month says in a sworn declaration he stands by his testimony “in every respect.”
Former Theranos laboratory director Adam Rosendorff said he feels “compassion” for Holmes and Theranos co-founder Ramesh “Sunny” Balwani[. …] But he also said he has “no reason to believe” prosecutors misrepresented Holmes or Balwani’s conduct at Theranos, disputing a key argument from Holmes’ lawyers as they try to persuade a judge to vacate her felony convictions and order a new trial.
 

Niner

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New time on hearing tomorrow - was at 1:30pm before.

Monday, Oct 3 2022

10:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes (NC)
Status Conference re Motions for New Trial (via Zoom Webinar remotely)


Monday, Oct 17 2022

01:30PM
5:18-cr-00258-EJD - USA v. Elizabeth Holmes
Sentencing



link: CALENDAR
 

Niner

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I shall shorten this up a bit.

Monday, October 3rd:
*Status Conference Hearing (re new trial) (@ 10am PT) - CA – for *Elizabeth A. Holmes (34/now 38) (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. Holmes released on $500K bond secured by property.
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. Judge Edward J. Davila.
Trial began on 9/8/21 & ended with closing arguments on 12/17/21. Jury began deliberations on 12/17: ½ an hour. 12/20: 6 ½ hours with 1 hour lunch. 12/21: ~7 ½ hours. 12/23: ~7 ½ hours. 12/27: ~7 ½ hours. 12/28: ~7 ½ hours. 12/29: ~7 ½ hours. 1/3/22: 6 hours 20 minutes. Total: ~51 hours. Verdict on 1/3/22: Count 1 - conspiracy to defraud investors GUILTY, Count 2 - conspiracy to defraud patients NOT GUILTY, Count 3 - wire fraud Alan Eisenman $99k NO VERDICT, Count 4 - wire fraud Black Diamond Chris Lucas $5.3M NO VERDICT, Count 5 - wire fraud Hall Group Bryan Tolbert $4.9M NO VERDICT, Count 6 - wire fraud Brian Grossman $38M GUILTY, Count 7 - wire fraud DeVos family $100M GUILTY, Count 8 - wire fraud former Cravath attorney Dan Mosley $6M GUILTY, Count 9 - wire fraud count for the patient Erin Tompkins who received bogus HIV results NOT GUILTY, Count 10 - wire fraud patient Mehrl K. Ellsworth who received bogus prostate cancer tests NOT GUILTY & Count 11 - wire fraud $1.1M ads that Theranos paid in the Arizona market NOT GUILTY. Government will dismiss counts 3, 4 & 5. Sentencing hearing on 9/26/22 & rescheduled on 10/17/22.

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 & jury deliberations 9/8 thru 1/3/22 (Day 46/Verdict watch: Day 1-8) & 9/8 to 12/16/21 & motions hearing on 11/8, 11/19 & 12/7/21 & charging conference on 12/3 & 12/10/21 thru 5/27/22 reference post #444 here:
https://www.websleuths.com/forums/t...s-theranos-wire-fraud-thread-2.604309/page-23

7/13/22 Update: A federal court delayed the sentencing hearing for Holmes. Holmes was supposed to be sentenced on four cases of fraud on 9/26/22, but that has been delayed until 10/17/22; no reason was given for the delay. 7/21/22 Update: Motions hearing for 7/21/22 has been rescheduled on 8/2/22.
8/2/22 Update: Motions hearing was rescheduled on 9/1/22. 9/1/22 Update: US District Judge Edward Davila on Tuesday issued an order rejecting Holmes’s long-shot attempt to get her fraud conviction thrown out, saying there was “sufficient evidence” for the jury to reach its verdict. Theranos Inc. founder Holmes asked for a new trial, claiming a key witness in her criminal case visited her after the verdict & expressed misgivings about his testimony. Holmes said in a court filing Tuesday that Adam Rosendorff, a former Theranos lab director, showed up at her home on Aug. 8 eager to talk to her about how he thought his testimony last fall had been twisted by prosecutors. “Under any interpretation of his statements, the statements warrant a new trial,” a lawyer for Holmes said in the filing. At a minimum, the court “should order an evidentiary hearing & permit Ms. Holmes to subpoena Dr. Rosendorff to testify about his concerns.” Next sentencing hearing on 10/17/22.
9/1/22 Update: With her sentencing next month expected to result in a multi-year prison term, Holmes this week filed three motions in U.S. District Court in San Jose asking Judge Edward Davila to toss the jury’s four-count guilty verdict in her felony fraud case & order a new trial. Those filings, one Tuesday (9/6/22) & two Wednesday (9/7/22), came after Davila last week nixed her earlier attempt to toss the verdict for good without a new trial. Even if none of the three motions gets Holmes a new trial, all could bolster her inevitable appeal, and one could delay her Oct. 17 sentencing, legal observers said. Both sides have agreed to file arguments later this month. Holmes’ first motion Wednesday, claiming federal prosecutors used arguments in Balwani’s trial that would have led jurors in her trial to acquit her. Judge Davila, who presided over Holmes’ four-month trial, is likely to take seriously the second motion Holmes’ legal team filed Wednesday, legal experts said. Her lawyers claim the prosecution broke the “Brady rule” legally requiring prosecutors to hand over information helpful to the accused. Holmes’ prosecutors hid emails showing they failed to preserve a database of patient test results, her team alleged. Holmes’ motion filed Tuesday & claiming a key prosecution witness (Rosendorff) showed up at her home that could offer her more immediate hope. Motion hearing (for new trial) on 10/3/22 @ 1:30pm.
9/17/22 Update: With the possibility of decades in prison looming over her head, Holmes is making every effort to get a second chance in court. Holmes has made 3 requests for a new trial in the span of two days last week. Prior to filing the three motions, Holmes had asked the judge in her case to throw out her conviction on the grounds of "insufficient evidence." He tentatively denied her request earlier this month. Holmes' sentencing hearing is set for October 17. A day after filing that motion, Holmes made two more requests for a new trial. In one, her team took issue with the prosecution's different portrayals of Holmes' relationship with Ramesh "Sunny" Balwani, her ex-boyfriend & former right-hand man at Theranos, in their two separate trials. In the third motion, Holmes says she was denied emails that showed prosecutors failed to take appropriate steps to preserve a Theranos database of testing & quality control data that she claims would've helped her during her trial. The government produced these documents for Balwani's trial though, Holmes pointed out. The judge will hear from both sides regarding the three motions on 10/3/22.
9/21/22 Update: Former Theranos laboratory director Adam Rosendorff said he feels “compassion” for Holmes & Theranos co-founder Ramesh “Sunny” Balwani. But he also said he has “no reason to believe” prosecutors misrepresented Holmes or Balwani’s conduct at Theranos, disputing a key argument from Holmes’ lawyers as they try to persuade a judge to vacate her felony convictions and order a new trial. He stands by his testimony in every respect. Prosecutors on Wednesday also opposed to Holmes’ second motion for new trial, which cites arguments prosecutors made in Balwani’s trial about the power dynamics of his relationship with Holmes that her lawyers say differ greatly from what was presented in her trial. A third motion opposed Wednesday cites emails prosecutors produced after trial that relate to their failed attempts to access a database concerning Thernaos’ testing and quality control. U.S. District Judge Edward J. Davila is to consider new trial motions at a hearing Oct. 3 in San Jose. Time was changed from 1:30pm to 10am.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Trial began on 3/22/22 & ended on 7/7/22 with a guilty verdict on all 12 counts. Sentencing hearing on 11/15/22.
 

LinasK

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Elizabeth Holmes' sentencing is postponed again, possibly as late as next year, as the judge grants her an evidentiary hearing on whether the prosecution engaged in misconduct regarding a star witness​

 

Seattle1

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Elizabeth Holmes' sentencing is postponed again, possibly as late as next year, as the judge grants her an evidentiary hearing on whether the prosecution engaged in misconduct regarding a star witness​

I like Judge Davila and trust he will control this inquiry and get the case back on track to sentencing EH according to the charges she's been convicted on. I agree with the experts on the case -- there will not be a new trial.

From the link:

"What the court wants to know is, 'Dr. Rosendorff, do you feel that the government manipulated you in their preparation or in any way in regards to their testimony, notwithstanding the outcome of the case?'" said Judge Edward Davila, who is presiding over the case, in the hearing on the matter on Monday. "Really what I want to know is, did you tell the truth?"

In Holmes' trial, Rosendorff testified he'd tried to postpone the launch of Theranos' machines for patient use because they gave inaccurate results, but Holmes went ahead with it anyway. He also said he was instructed to come up with "reasons other than test performance" to explain unusual results and that Theranos didn't have a formal proficiency testing protocol.

The circumstances surrounding Holmes' motion for a new trial are unusual, as Davila noted in the Monday hearing.

"I will say I haven't seen a case where this has happened before," Judge Davila said. "The allegation is the possibility that the government may have engaged in misconduct...The court takes that seriously."

Davila noted the evidentiary hearing will be "limited."

"This is not going to be a fishing expedition," he said.


[..]

As for Holmes' sentencing if her verdict is upheld, Davila proposed several dates as options, which the prosecution and defense will discuss, spanning from November through January. Experts previously told Insider it's unlikely Holmes will get a new trial.
 

Seattle1

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I see instead of sentencing on 10/17 - they have the evidentiary hearing instead.

Monday, Oct 17 2022

09:00AM
5:18-cr-00258-EJD - USA v. Elizabeth Holmes
Evidentiary Hearing

link: CALENDAR
Confirmed @Niner.

Judge Davila already warned the parties that 10/17 will not be a fishing expedition, and the hearing is going to be limited. He also gave the parties dates in Nov and Dec for sentencing but both said they needed to check their schedules and get back to him. He's ready to move this matter on and out! :)
 

Niner

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Docket update:

Monday, Oct 17 2022
09:00AM
5:18-cr-00258-EJD - USA v. Elizabeth Holmes
Evidentiary Hearing


Monday, Oct 31 2022
01:30PM
5:18-cr-00258-EJD - USA v. Elizabeth Holmes
Motion to Quash


Friday, Nov 18 2022
10:00AM
5:18-cr-00258-EJD - USA v. Elizabeth Holmes
Sentencing

link: CALENDAR
 

Niner

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Looks like the 10/31/22 Motion to Quash hearing was vacated.

Docket update:

Monday, Oct 17 2022
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
Evidentiary Hearing (In-Court Proceeding)

Friday, Nov 18 2022
10:00AM
5:18-cr-00258-EJD - USA v. Elizabeth Holmes
Sentencing

link: CALENDAR
 

Niner

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Monday, October 17th:
*Evidentiary Hearing (re new trial) (@ 9am PT) - CA – for *Elizabeth A. Holmes (34/now 38) (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. Holmes released on $500K bond secured by property.
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. Judge Edward J. Davila.
Trial began on 9/8/21 & ended with closing arguments on 12/17/21. Jury began deliberations on 12/17: ½ an hour. 12/20: 6 ½ hours with 1 hour lunch. 12/21: ~7 ½ hours. 12/23: ~7 ½ hours. 12/27: ~7 ½ hours. 12/28: ~7 ½ hours. 12/29: ~7 ½ hours. 1/3/22: 6 hours 20 minutes. Total: ~51 hours. Verdict on 1/3/22: Count 1 - conspiracy to defraud investors GUILTY, Count 2 - conspiracy to defraud patients NOT GUILTY, Count 3 - wire fraud Alan Eisenman $99k NO VERDICT, Count 4 - wire fraud Black Diamond Chris Lucas $5.3M NO VERDICT, Count 5 - wire fraud Hall Group Bryan Tolbert $4.9M NO VERDICT, Count 6 - wire fraud Brian Grossman $38M GUILTY, Count 7 - wire fraud DeVos family $100M GUILTY, Count 8 - wire fraud former Cravath attorney Dan Mosley $6M GUILTY, Count 9 - wire fraud count for the patient Erin Tompkins who received bogus HIV results NOT GUILTY, Count 10 - wire fraud patient Mehrl K. Ellsworth who received bogus prostate cancer tests NOT GUILTY & Count 11 - wire fraud $1.1M ads that Theranos paid in the Arizona market NOT GUILTY. Government will dismiss counts 3, 4 & 5. Sentencing hearing on 9/26/22 & rescheduled on 10/17/22 & rescheduled to 11/18/22.

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 & jury deliberations 9/8 thru 1/3/22 (Day 46/Verdict watch: Day 1-8) & 9/8 to 12/16/21 & motions hearing on 11/8, 11/19 & 12/7/21 & charging conference on 12/3 & 12/10/21 thru 9/17/22 reference post #489 here:
https://www.websleuths.com/forums/t...s-theranos-wire-fraud-thread-2.604309/page-25

9/21/22 Update: Former Theranos laboratory director Adam Rosendorff said he feels “compassion” for Holmes & Theranos co-founder Ramesh “Sunny” Balwani. But he also said he has “no reason to believe” prosecutors misrepresented Holmes or Balwani’s conduct at Theranos, disputing a key argument from Holmes’ lawyers as they try to persuade a judge to vacate her felony convictions and order a new trial. He stands by his testimony in every respect. Prosecutors on Wednesday also opposed to Holmes’ second motion for new trial, which cites arguments prosecutors made in Balwani’s trial about the power dynamics of his relationship with Holmes that her lawyers say differ greatly from what was presented in her trial. A third motion opposed Wednesday cites emails prosecutors produced after trial that relate to their failed attempts to access a database concerning Thernaos’ testing and quality control. U.S. District Judge Edward J. Davila is to consider new trial motions at a hearing 10/3/22 in San Jose. Time was changed from 1:30pm to 10am. Sentencing hearing on 10/17/22.
10/3/22 Update: Holmes' sentencing is postponed again, possibly as late as next year, as the judge grants her an evidentiary hearing on whether the prosecution engaged in misconduct regarding a star witness who visited Holmes' house last month & expressed regret over his testimony. Evidentiary hearing on 10/17/22. As for Holmes' sentencing if her verdict is upheld, Davila proposed several dates as options, which the prosecution and defense will discuss, spanning from November through January. Motion to Quash hearing on 10/31/22 @ 1:30am & sentencing rescheduled on 11/18/22 @ 10am. 10/16/22 Update: Motion to Quash hearing on 10/31/22 has been vacated.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Trial began on 3/22/22 & ended on 7/7/22 with a guilty verdict on all 12 counts. Sentencing hearing on 11/15/22.
 

Countem

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Niner

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The only item on the court site is her sentencing on 11/18/22. I shall keep my eye out to see if they stick in another hearing for the Judge's decision on yesterday's hearing.
 
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