CA - Elizabeth Holmes (Theranos) Wire Fraud Thread *Guilty* #3

[Seattle1]

I disagree on one point- plea deals aren't always initiated by prosecutors. Sometimes defendants offer them when they know that they are screwed. The deals have to be approved by the prosecution though.

I agree this often happens in State courts but this generally is not the case in federal court.

9-27.000 - Principles of Federal Prosecution

www.justice.gov

 

[LinasK]

CNN guest says Elizabeth Holmes ‘might end up being somebody’s girlfriend’ in prison

Holmes, who was convicted of defrauding investors, is due to report to the Bureau of Prisons on Tuesday afternoon to begin her 11-year sentence.

nypost.com

 

[whitelilac]

She looks happy to go to "Camp". Pretty cushy prison conditions from what that guy on the YouTube described. I'd consider it if I got pizza and got to do needlework and exercise on picnic grounds most of the day. And she gets to buy makeup from the commissary.

It's only day 1. The pizzas and picnics will get old fast when she realizes she has 4021 days to go.

 

[BeachSky]

She looks happy to go to "Camp". Pretty cushy prison conditions from what that guy on the YouTube described. I'd consider it if I got pizza and got to do needlework and exercise on picnic grounds most of the day. And she gets to buy makeup from the commissary.

She’s the type that smiles with a rock behind her back IMO.

 

[10ofRods]

I am still thinking that she is going to make a run for the border.

Countries with no extradition treaty with US

These countries currently have no extradition treaty with the United States:

www.wsfa.com

Are any of those in this hemisphere?

 

[BeachSky]

It's only day 1. The pizzas and picnics will get old fast when she realizes she has 4021 days to go.

That face. I think she hits the red wine too much.
Too bad, so sad if the pizza sauce, catsup, salsa make her Rosacea worse.
But no red wine for 4021 nights……only red condiments!

MOO

 

[Seattle1]

She’s the type that smiles with a rock behind her back IMO.

So true -- and why she was so convincing to others.

 

[LinasK]

Are any of those in this hemisphere?

I thought surely she was fleeing for the Mexican border.

 

[worm]

So true -- and why she was so convincing to others.

I have a gue$$.

 

[mickey2942]

https://www.cnn.com/2023/05/30/tech/elizabeth-holmes-prison?cid=external-feeds_iluminar_msn

Looks like she showed up...

 

[Howl]

She looks happy to go to "Camp". Pretty cushy prison conditions from what that guy on the YouTube described. I'd consider it if I got pizza and got to do needlework and exercise on picnic grounds most of the day.

As Michael Cohen noted, "It's prison." She'll be in an open dormitory or a cell with numerous cell mates. Up at 6 am every morning, head count five times a day, assigned job, tan clothes. She'll be working for hours every day. Zero freedom, zero privacy. Day after day after day.

 

[mickey2942]

As Michael Cohen noted, "It's prison." She'll be in an open dormitory or a cell with numerous cell mates. Up at 6 am every morning, head count five times a day, assigned job, tan clothes. She'll be working for hours every day. Zero freedom, zero privacy. Day after day after day.

Yeah. It doesn't sound too good to me. I like sleeping in, doing what I want, spending time with my family. I have been stuck with women, for a summer job, and it can be hellacious. Some can be angry, or a bunch of mean girls and passive aggressive. 12 years is a long time.

 

[ifindedout]

Are any of those in this hemisphere?

Most of them in that list (77%) are. Those which are in the Southern Hemisphere:
Angola
Burundi
Comoros
Madagascar
Mozambique
Namibia
Rwanda
Samoa
Vanuatu

Those in both hemispheres, i.e. the Equatorial Zone:
Congo (Brazzaville)
Congo (Kinshasa)
Gabon
Indonesia
Kenya
Micronesia
Somalia
Uganda

ETA: Indonesia is equatorial, not southern, moved it.

 

[LinasK]

Yeah. It doesn't sound too good to me. I like sleeping in, doing what I want, spending time with my family. I have been stuck with women, for a summer job, and it can be hellacious. Some can be angry, or a bunch of mean girls and passive aggressive. 12 years is a long time.

But her family can still visit her.

 

[Cool Cats]

^^bbm

Given all EH's charges here were by the feds, I think this affected the strategy for both defendants Holmes and Balwani.

For example, we know that when both were first charged in 2018 by the SEC for security fraud, EH immediately settled w/o admitting wrongdoing and paid the fine-- while RSB appears to still be fighting the SEC's charge.

It was months after EH settled with SEC that the next round of federal indictments were announced. And when both were charged with wire fraud and conspiracy to commit wire fraud, the government sought to try EH/RSB together-- and fought hard against severing the cases.

The court ultimately approved severing the cases after EH's defense alerted she was going to accuse RSB and he was going to accuse EH.

IMO, the government needed these cases to go to trial more than the defendants, and where <Federal> plea deals* come from (initiated by) the prosecutor, not the defendant.

For EH, going to trial probably worked to her advantage given the max penalty for the charges by law was 20 years, and after the guilty verdict on 4/11 charges, the the prosecution sought EH sentenced to 15 years.

In other words, they would have never entertained a 5 year plea deal. JMO

ETA: *<Federal>

Good information. Thanks Seattle.

But when it comes to Federal pleas there is no hard and fast rule. Both prosecutors and the defense approach each other to see about pleas. In 2 very high profile Cases with multiple defendants, the defense reached out to prosecutors for plea deals.

The Keith Raniere Nxivm Case and the William Rick Singer College Admissions Scandal Case.

Feds often get defendants to work with them for a lower sentence as happened with Rick Singer. Singer "set up" many parents, thus securing their convictions. He ended up with a low sentence.

In the College Admissions Scandal Lori Loughlin and her husband tried to get plea deals that would not include prison time. Feds insisted on prison time so Lori and husband turned down the deals.

So the Feds then added more charges. Eventually Lori and husband gave in, realizing that a plea - dropping some charges - with prison time would give them much less prison time then going to trial on all charges.

EH should have done a plea where she would plead guilty and turn State's evidence against Ramesh "Sunny" Balwani, testifying for the State against him at his trial.

Elizabeth Holmes on trial: the case against the Theranos founder

Theranos founder Elizabeth Holmes is set to go to trial next week on multiple counts of fraud and conspiracy to commit fraud.

www.medicaldevice-network.com

Holmes may also take a plea agreement and cooperate with prosecutors in their case against Balwani. However, any plea deal is likely to include some prison time, meaning it may still be more appealing to Holmes to try and convince at least one juror on the panel of her innocence.

 

[RickshawFan]

It's only day 1. The pizzas and picnics will get old fast when she realizes she has 4021 days to go.

You might be right on topic with the pizza thing. At the beginning of one of today's videos, there's a guy delivering DoorDash to the prison.... I wonder if prisoners these days can order DoorDash?

 

[RickshawFan]

That face. I think she hits the red wine too much.
Too bad, so sad if the pizza sauce, catsup, salsa make her Rosacea worse.
But no red wine for 4021 nights……only red condiments!

MOO

It strikes me what a chameleon she is. She can look so different from one era of her life to the next. Deliberately...

It's just all artifice....the whole Holmes schtick. Now, she wants to look not-artificial, so she's given herself a kind of mid-west-plain-vanilla-waif-from-the-prairies-no-makeup look, and this is supposed to be believable.

 

[Cool Cats]

You might be right on topic with the pizza thing. At the beginning of one of today's videos, there's a guy delivering DoorDash to the prison.... I wonder if prisoners these days can order DoorDash?

No. No food orders allowed.

Certain reading materials through the mail are allowed.

 

[RickshawFan]

No. No food orders allowed.

Certain reading materials through the mail are allowed.

IIRC they can get all kinds of stuff sent through the mail that they can't get in other types of prisons: underwear, glasses, running shoes...

Speaking of which, it didn't look like EH had any luggage with her that would be allowable items like underwear. I wonder if that stuff has to be sent separately.

 

[RickshawFan]

Here's the inmate handbook for Bryan:

https://www.bop.gov/locations/institutions/bry/BRY_aohandbook.pdf