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

[UndiscoveredTruth]

We are now officially on VERDICT WATCH. (I'll alert a mod and ask for "Verdict Watch" to be added to the title of the thread).

ETA:

Dorothy Atkins@doratki
3h

(Breaking news, just found out via email that I won @law360
's award this year for "best news analysis" for this Holmes-related story. I missed the awards ceremony today b/c OMG THIS TRIAL)

Elizabeth Holmes' Privilege Loss 'A Cautionary Tale,' Attys Say - Law360

*I just want to take this opportunity to congratulate Dorothy Atkins.*

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
9m

The clerk says the jury left for the day and will resume deliberations Monday at 8:30 a.m. They'll deliberate Monday, Tuesday and Thursday, and the clerk thinks the jurors will keep the typical 4 p.m. schedule, but that's up to them and we'll know more Monday.

 

[Kittybunny]

Dorothy Atkins@doratki
9m

The clerk says the jury left for the day and will resume deliberations Monday at 8:30 a.m. They'll deliberate Monday, Tuesday and Thursday, and the clerk thinks the jurors will keep the typical 4 p.m. schedule, but that's up to them and we'll know more Monday.

Thank you once again for bringing over all these tweets so I can follow, and I'm really happy that Dororthy got an award for her coverage on this, her tweets have been exceptional.

I admit though, even though I have no personal doubt about her guilt, I am worried about the verdict. I think the defense did a nice job of blurring those lines between wanting to succeed, ambition, stretching the truth and emphasizing intent.

Preparing for the worst, but hoping for the best of course!

 

[UndiscoveredTruth]

Thank you once again for bringing over all these tweets so I can follow, and I'm really happy that Dororthy got an award for her coverage on this, her tweets have been exceptional.

I admit though, even though I have no personal doubt about her guilt, I am worried about the verdict. I think the defense did a nice job of blurring those lines between wanting to succeed, ambition, stretching the truth and emphasizing intent.

Preparing for the worst, but hoping for the best of course!

Again, you're welcome, Kittybunny. I agree, Dorothy is certainly deserving of the award. She's worked tirelessly covering this trial. I applaud her

I trust the jury will reach a true and just verdict and justice will be served!

 

[Niner]

And I too want to say


for posting her tweets @UndiscoveredTruth !! Otherwise I would not have been able to follow this trial.

I just want to make sure I have the correct time of deliberations for the jury yesterday... I'm 10 hours ahead of Pacific Time - so hoping my calculations are correct!

snipped...

We are now officially on VERDICT WATCH. (I'll alert a mod and ask for "Verdict Watch" to be added to the title of the thread).

Okay - this was posted at 3:01am - MY Time (Eastern European) so about 1pm Pacific Time - and the tweet said "14 mins" when it was actually posted - so that makes it 12:45pm Pacific time when the jury went to deliberate. And..

The clerk says the jury left for the day and will resume deliberations Monday at 8:30 a.m. They'll deliberate Monday, Tuesday and Thursday, and the clerk thinks the jurors will keep the typical 4 p.m. schedule, but that's up to them and we'll know more Monday.

This was posted at 3:17am - MY time - so about 1:15pm PT - & the tweets said "9 mins" - so only 1/2 hour deliberations?

Do I have that right?

 

[Niner]

Docket updates:

Monday, Dec 20 2021
08:30AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk/DEF:Kevin Downey
Further Jury Trial (Deliberations)

Tuesday, Dec 21 2021
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA:Jeffrey Schenk/DEF:Kevin Downey
Further Jury Trial (Deliberations)

Thursday, Dec 23 2021
09:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA:Jeffrey Schenk/DEF:Kevin Downey
Further Jury Trial (Deliberations)

link: CALENDAR


and the court site shows - NO court from 12/24/21 thru 1/7/22.

I did notice that Tues. & Thurs. start time is 9am...

 

[UndiscoveredTruth]

And I too want to say
View attachment 326809

for posting her tweets @UndiscoveredTruth !! Otherwise I would not have been able to follow this trial.

I just want to make sure I have the correct time of deliberations for the jury yesterday... I'm 10 hours ahead of Pacific Time - so hoping my calculations are correct!

Okay - this was posted at 3:01am - MY Time (Eastern European) so about 1pm Pacific Time - and the tweet said "14 mins" when it was actually posted - so that makes it 12:45pm Pacific time when the jury went to deliberate. And..



This was posted at 3:17am - MY time - so about 1:15pm PT - & the tweets said "9 mins" - so only 1/2 hour deliberations?

Do I have that right?

Thanks again, @ Niner. As always, you're welcome too.

My goodness, in regards to what time the tweets were posted,

I honestly have no idea if your times are right or not. I mean, I'm 21 hours ahead of Dorothy and it's way past my bedtime, I'd probably be here all night trying to work out the "actual" time spent deliberating today/yesterday

Am thinking you're pretty close, if not, spot on with the 1/2 hour deliberations though as it was only a very short time. Can one of the other members confirm please? TIA

 

[Niner]

Thanks again, @ Niner. As always, you're welcome too.

My goodness, in regards to what time the tweets were posted,

I honestly have no idea if your times are right or not. I mean, I'm 21 hours ahead of Dorothy and it's way past my bedtime, I'd probably be here all night trying to work out the "actual" time spent deliberating today/yesterday

Am thinking you're pretty close, if not, spot on with the 1/2 hour deliberations though as it was only a very short time. Can one of the other members confirm please? TIA

21 hours??!! And I thought I was way in the future!

The time that shows on my posts - IS my time - so I think I figured it out correctly. Just wanted to make sure that the jurors only spent 1/2 hour in deliberations. You would think they would have stayed a bit longer - until at least 4pm.

Will be here on Monday! Wonder "why" they are skipping Wed. for deliberations - you would think they would want to get this out of the way before Christmas... We shall see!

 

[mickey2942]

I can't help but wonder about the timing of the jury deliberations. Folks want to be doing holiday things. Not tied up in a room, deliberating laws and going over evidence.

 

[charminglane]

I can't help but wonder about the timing of the jury deliberations. Folks want to be doing holiday things. Not tied up in a room, deliberating laws and going over evidence.

Going over evidence sounds fine to me!
I've lost my jingle.

 

[LinasK]

Dorothy Atkins@doratki
1m

Bostic turns to the Pfizer and Schering-Plough logost that Holmes placed on validation reports. He says "this is not a case about misuse of logos" or trademark infringement. "The wrong thing that happened there was that the logos were used to deceive a third party."

Dorothy Atkins@doratki
4m

Bostic pulls up the April 2010 email that Holmes sent Walgreens execs with the validation reports. In the email she claimed the pharma cos had "three independent due diligence reports." "There’s truly no explanation here except for an intent to deceive," Bostic says.

Dorothy Atkins@doratki
2m

Bostic says nothing in Theranos' contracts with investors gave Holmes the right to knowingly deceive them about material facts, and patients were "far worse off" in their ability to fact check Theranos' statements.

Nailed it! The Pfizer logos were used to deceive Walgreen's and Safeway into thinking that Pfizer approved of Theranos's devices. Just like she implied that the military was actually using them.

 

[rosesfromangels]

Nailed it! The Pfizer logos were used to deceive Walgreen's and Safeway into thinking that Pfizer approved of Theranos's devices. Just like she implied that the military was actually using them.

Wow....it sounds like the Defendant is going to be up to her ears in legal actions for some time to come. This one will become a case study for MBA and law students. Much to be learned here about ambition, hypnotized investors, and integrity, or the lack of.

Amateur opinion and speculation

 

[Niner]

If someone could get the "exact" time the jurors start & stop today - I'd appreciate it! Or - even a verdict would be good!

Monday, December 20th:
*Trial continues (Day 40)-VERDICT WATCH! (@ 8:30am PT) - CA – for *Elizabeth A. Holmes (34/now 37) (CEO of Theranos) charged (March, 2018) & indicted (6/14/18) & arraigned (6/15/18) with 9 counts of wire fraud & 2 counts of conspiracy to commit wire fraud and charged & indicted (4/11/20) with fraud relating to a patient's blood test. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. No bond. Faces a maximum sentence of 20 years in prison & up to $2.75 million in fines, plus restitution, & $250K for each individual count of wire fraud & conspiracy.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 8/31/21 with jury selection & completed on 9/1/21. 12 jurors of 7 men & 5 women (6 Caucasians, 4 Hispanics & 2 Asians) with five alternates (3 men & 2 women). Juror #7 excused & replaced with alternate #1. Now jurors are 8 men & 4 women. Alternates 2 men & 2 women. 10/6/21: Juror #4 excused & replace with alternate #2. Now jurors are 8 men & 4 women. Alternates 2 men & 1 woman. 10/22/21: The judge excused Juror #5, moving up the third alternate to replace the juror. Both are women. No word on why the juror was excused. Now jurors are 8 men & 4 women. Alternates 2 men.
Trial began on 9/8/21 & ended with closing arguments on 12/17/21. Jury began deliberations on 12/17: ½ hour.
The Court trial days will be Tuesday, Wednesday & Friday, possibly other half days. The Court may modify the trial time & set either 8:30am-2pm or 9am-2pm & possibly 30-minute breaks in between. Judge Edward J. Davila presiding.
Trial dates: 12/20-Jury continues deliberations, 12/21 & 12/23 & from 12/24/21 thru 1/7/22 court is closed.
Indictment & court info from 4/11/20 thru 8/26/21 & on 9/30/21 & on 11/2/21 & jury selection (Day 1-3) 8/31 to 9/2/21 & trial (Day 1-38) 9/8 to 12/16/21 & motions hearing on 11/8, 11/19 & 12/7/21 & charging conference on 12/3 & 12/10/21 reference post #73 here:
VERDICT WATCH - CA - Elizabeth Holmes (Theranos) Wire Fraud Thread #2
12/17/21 Friday, Trial Day 39: Judge Ed Davila is on the bench. He wants to talk about "a couple of things. One is on Downey's mention of trade secrets & that Holmes acted on the advice of counsel - an argument he barred in pretrial order. "It seems like we're close to that."
Kevin Downey plans to wrap Holmes' closings by 11:30am & the government's rebuttal is expected to last hour to & hour-and-a-half, so jury instructions should begin around 1pm.
Defense attorney Kevin Downey continues his closing arguments.
for more info see posts #76 to 80 here:
VERDICT WATCH - CA - Elizabeth Holmes (Theranos) Wire Fraud Thread #2
Kevin Downey continued.
for more info see posts #81 to 86 here:
VERDICT WATCH - CA - Elizabeth Holmes (Theranos) Wire Fraud Thread #2
Prosecutor John Bostic's rebuttal arguments.
for more info see posts #87 to 93, 96 & 97 to here:
VERDICT WATCH - CA - Elizabeth Holmes (Theranos) Wire Fraud Thread #2
Prosecutor John Bostic continued.
for more info see post #102 here:
VERDICT WATCH - CA - Elizabeth Holmes (Theranos) Wire Fraud Thread #2
Judge Davila finished reading jury instructions. A CSO is taking the jury panel of 4 women & 8 men to the jury room to begin deliberations in U.S. vs Elizabeth Holmes. The judge excuses the 2 alternates for now & says he may call them to return if a juror is excused.
for more info see post #102 here:
VERDICT WATCH - CA - Elizabeth Holmes (Theranos) Wire Fraud Thread #2
Jury started deliberations ~12:45pm to 1:15pm. The clerk says the jury left for the day & will resume deliberations Monday, 12/20/21 (Day 40) at 8:30am. They'll deliberate Monday, Tuesday & Thursday & the clerk thinks the jurors will keep the typical 4pm schedule, but that's up to them & we'll know more Monday.
*Ramesh “Sunny” Balwani (53/now 56) (CFO & President of Theranos) – Pretrial conference hearing (Motion in Limine) on 1/14/22 & status conference hearing on 1/25/22. Trial was set to begin on 1/11/22 with jury selection & trial on 1/18/22 have been cancelled.

 

[GatorFL]

I wonder how quickly a verdict will be reached given that this is Christmas week.

 

[Niner]

I wonder how quickly a verdict will be reached given that this is Christmas week.

Personally I believe they'll have it by the 23rd....

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
12h

Jurors will resume their deliberations at 8:30 a.m. tomorrow morning. I'm off for the next two days, but my colleague@ByLaurenBerg
will be at the courthouse on verdict watch. I'll be back in San Jose Thursday if a verdict hasn't been reached by then.

*Note: Tweet from DA came through 12hours ago*

 

[UndiscoveredTruth]

Lauren Berg@ByLaurenBerg
1h

If you haven’t already, please read my colleague
@doratki's
coverage of this very long trial. Here’s what happened during closing arguments last week:

Feds Portray Holmes As Mature Liar As Fraud Trial Nears End - Law360

And

Holmes' Fate In Jury's Hands As Criminal Fraud Trial Wraps - Law360

 

[UndiscoveredTruth]

Lauren Berg@ByLaurenBerg
1h

Good morning! I’m in San Jose today awaiting the verdict in #ElizabethHolmes’ fraud trial. The jury is scheduled to deliberate 8:30 am until 4 pm today and tomorrow.

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
13m

Now that evidence is closed and we're waiting for a verdict, who wants to make a prediction in US v Elizabeth Holmes?

Innocent
Guilty
Hung jury

182 votes·6 days left

 

[Niner]

Guilty....