CA - Elizabeth Holmes (Theranos) Wire Fraud

Discussion in 'Trials' started by Seattle1, Apr 7, 2019.

  1. Niner

    Niner Long time Websleuther

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    Tuesday, June 15th:
    *Pretrial Motions Hearing (@ 10am PT) - CA – only 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. 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.

    Indictment & court info from 4/11/20 thru 3/1/21 reference post #214 here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud

    5/4/21 Update: Motion in Limine hearings continued on 5/5/21 and on 5/6/21. 5/6/21 Update: No info on hearing. Next motions hearing on 6/15/21.
    5/22/21 Update: U.S. District Court Judge Edward Davila issued ruling as part of a 100 page response to motions in Holmes' upcoming criminal trial. The judge granted in part Holmes’ motion to exclude evidence referencing her extravagant lifestyle outside of her position as chief executive of the blood-testing start-up. “The Government may introduce evidence that Holmes enjoyed a lifestyle as Theranos CEO that is comparable to those of other tech company CEOs. This includes salary, travel, celebrity & other perks & benefits commensurate with the position,” Davila wrote in the filing. However, “references to specific purchases or details reflecting branding of clothing, hotels, or other personal items is not relevant & the prejudicial effect of that evidence outweighs any probative value,” the judge added. Davila ruled on more than 20 dueling motions on what jurors can hear in her trial. A motion by the government to admit business-related text messages between Holmes & her co-defendant Ramesh “Sunny” Balwani was denied by Davila.

    *Ramesh “Sunny” Balwani (53/now 55) (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. 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, trial starts on 1/18/22.

    Indictment & court info from 4/11/20 thru 2/9/21 reference post #214 here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud

    3/16/21 Update: Set motions & deadlines hearing was on 3/16/21. Continued hearings. Status conference set for 3/25/21 is continued to 7/8/21. Status reports due by 6/28/21.
     


  2. Niner

    Niner Long time Websleuther

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    Wednesday, Jun 30 2021
    09:00AM
    5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes(NC)
    Dial in:888-273-3658, Access:1096091
    Daubert Motion Hearing (IN-COURT Via ATT Telephone Audio)


    Wednesday, Jul 7 2021
    10:00AM
    5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes (NC)
    AUSA: Jeffrey Schenk / DEF: Kevin Downey
    Motion to Suppress (Via Zoom Webinar Remotely)

    link: CALENDAR
     
  3. RickshawFan

    RickshawFan Verified Outdoor Recreation Specialist

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    I'm gonna have a feast when this trial starts. I wonder if she'll take a plea?
     
  4. meanmaryjean

    meanmaryjean Verified RN (Pediatrics Specialty)

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    Honestly I think she will take the stand and start with her deep voice word salad and THAT will be her undoing. She is a typical narcissist who believes themself the smartest in the room.
     
  5. RickshawFan

    RickshawFan Verified Outdoor Recreation Specialist

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    The prosecutor will trip her up and she'll revert to the real voice. It won't be pretty.
    Even if she presents with her real voice, how's it going to look to a jury when they show clips of her with the fake voice? If I were a jury member, I would easily be persuaded that everything ES did was a fraud.
     
  6. Niner

    Niner Long time Websleuther

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    This hearing has disappeared from the Judge's court schedule....

    Wednesday, June 30th:

    *Daubert Motions Hearing (in court via audio)-CANCELLED! (@ 9am PT) - CA – only 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. 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.

    Indictment & court info from 4/11/20 thru 3/1/21 reference post #214 here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud

    5/4/21 Update: Motion in Limine hearings continued on 5/5/21 and on 5/6/21. 5/6/21 Update: No info on hearing. Next motions hearing on 6/15/21.
    5/22/21 Update: U.S. District Court Judge Edward Davila issued ruling as part of a 100 page response to motions in Holmes' upcoming criminal trial. The judge granted in part Holmes’ motion to exclude evidence referencing her extravagant lifestyle outside of her position as chief executive of the blood-testing start-up. “The Government may introduce evidence that Holmes enjoyed a lifestyle as Theranos CEO that is comparable to those of other tech company CEOs. This includes salary, travel, celebrity & other perks & benefits commensurate with the position,” Davila wrote in the filing. However, “references to specific purchases or details reflecting branding of clothing, hotels, or other personal items is not relevant & the prejudicial effect of that evidence outweighs any probative value,” the judge added. Davila ruled on more than 20 dueling motions on what jurors can hear in her trial. A motion by the government to admit business-related text messages between Holmes & her co-defendant Ramesh “Sunny” Balwani was denied by Davila.
    6/15/21 Update: Daubert motions hearing on 6/30/21 in person via audio & motion hearing re motion to suppress on 7/7/21 via zoom.
    6/30/21 Update: Daubert motions hearing was cancelled. Next motions hearing re motion to suppress on 7/7/21.

    *Ramesh “Sunny” Balwani (53/now 55) (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. 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, trial starts on 1/18/22. 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.

    Indictment & court info from 4/11/20 thru 2/9/21 reference post #214 here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud

    3/16/21 Update: Set motions & deadlines hearing was on 3/16/21. Continued hearings. Status conference set for 3/25/21 is continued to 7/8/21. Status reports due by 6/28/21.
     
  7. RickshawFan

    RickshawFan Verified Outdoor Recreation Specialist

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  8. RickshawFan

    RickshawFan Verified Outdoor Recreation Specialist

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  9. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    I'm sure we've not heard the last of this! This link gets pretty in-depth with how this question of privilege might get twisted and wrangled. I disagree that it's black and white.

    Corporate Counsel's Role If There Is a Dispute Within the Corporation | Stimmel Law
     
  10. Niner

    Niner Long time Websleuther

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    Wednesday, July 7th:
    *Motions Hearing (via Zoom) (@ 10am PT) - CA – only 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. 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.

    Indictment & court info from 4/11/20 thru 6/15/21 reference post #226 here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud

    6/30/21 Update: Daubert motions hearing was cancelled. Next motions hearing re motion to suppress on 7/7/21 via Zoom.
    5/24/21: Federal prosecutors will be allowed to highlight Theranos founder Elizabeth Holmes’ taste for globe-trotting and celebrity in her upcoming fraud trial, a judge ruled, after her attorneys argued that such details could enflame jurors’ “class prejudice.” Holmes’ glamorous lifestyle included traveling by private jet, driving an expensive SUV and staying in pricey hotels while hobnobbing with influential friends and backers like former US Secretary of State Henry Kissinger and former Defense Secretary James Mattis. Judge Edward Davila, who is overseeing the case, threaded the needle between prosecution and defense by determining that information about Holmes’ travel, salary and taste for celebrity are admissible evidence, but that details on other aspects of her lifestyle are not. “The Government may introduce evidence that Holmes enjoyed a lifestyle as Theranos CEO that is comparable to those of other tech company CEOs. This includes salary, travel, celebrity, and other perks and benefits commensurate with the position,” Davila wrote in a court document filed Saturday in the United States District Court for the Northern District of California. “However, references to specific purchases or details reflecting branding of clothing, hotels, or other personal items is not relevant, and the prejudicial effect of that evidence outweighs any probative value.”
    5/27/21: The lawyers of Holmes have 112 questions for prospective jurors (45 pages) at Holmes’ fraud trial — including how often they check social media & whether they subscribe to Netflix. By contrast, US prosecutors — who filed their own 51-question proposal yesterday — asked participants to list their “main sources of news” & if they follow “financial news” specifically.
    7/1/21: Holmes recently learned a harsh lesson on the complexities of attorney-client privilege. Holmes asked the court to keep her communications with Boies Schiller Flexner LLP (Boies Schiller), Theranos’ counsel from 2011 to 2016, out of her upcoming trial. The communications at issue discussed how Theranos should respond to investors, regulators, and the media, and also covered potential legal actions that Holmes could pursue against the Wall Street Journal. Holmes argued that Boies Schiller represented both her & Theranos on a variety of legal issues, but in a recent ruling, the U.S. District Court for the Northern District of California disagreed, holding that the communications between Holmes & Boies Schiller are subject to corporate privilege only & may be admissible at her personal trial.

    *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. 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, trial starts on 1/18/22. 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.

    Indictment & court info from 4/11/20 thru 3/16/21 reference post #226 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.
     
  11. Niner

    Niner Long time Websleuther

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    Thursday, July 8th:
    *Status Conference Hearing (@ 10am PT) - CA – Only 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. 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 1/8/21.

    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.

    *Elizabeth A. Holmes (34/now 37) (CEO 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 & charged & indicted (4/11/20) with fraud relating to a patient's blood test. 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 8/31/21.

    Indictment & court info from 4/11/20 thru 6/15/21 reference post #230 here:
    CA - Elizabeth Holmes (Theranos) Wire Fraud

    7/1/21: Holmes recently learned a harsh lesson on the complexities of attorney-client privilege. Holmes asked the court to keep her communications with Boies Schiller Flexner LLP (Boies Schiller), Theranos’ counsel from 2011 to 2016, out of her upcoming trial. The communications at issue discussed how Theranos should respond to investors, regulators, and the media, and also covered potential legal actions that Holmes could pursue against the Wall Street Journal. Holmes argued that Boies Schiller represented both her & Theranos on a variety of legal issues, but in a recent ruling, the U.S. District Court for the Northern District of California disagreed, holding that the communications between Holmes & Boies Schiller are subject to corporate privilege only & may be admissible at her personal trial. Motions hearing on 7/7/21 via Zoom. No update as of 7/8.
     
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  12. RickshawFan

    RickshawFan Verified Outdoor Recreation Specialist

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    Does anyone know what went down this week? It seems there were hearings?
    I hope the trial actually begins on 8/31. I'm on tenterhooks keeping myself occupied with a popcorn-profuse trial.
    Is anyone familiar with the prosecutor? I have a feeling they will be no-nonsense, since they've already interviewed EH and published that bwahaha deposition. She said "I don't know" 600+ times.
    Video: Clip of former Theranos CEO Elizabeth Holmes' 2017 deposition
    Video: Ex-Theranos CEO Elizabeth Holmes says 'I don't know' 600+ times in depo tapes: Part 2

    Recall she also trained herself not to blink. And then there's the fake voice.... And she has the "poor little me" version of herself with no makeup and messy hair.
     
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  13. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    https://www.cnbc.com/2021/07/09/john-carreyrou-predicts-elizabeth-holmes-trial-outcome.html

    July 9, 2021

    The author of “Bad Blood” isn’t finished telling the Theranos story.

    Three years since the release of his bestselling book, John Carreyrou is debuting a new podcast to uncover the final chapter of former Theranos CEO Elizabeth Holmes. “Bad Blood: The Final Chapter” will follow the upcoming trial of Holmes.

    In an interview with CNBC, Carreyrou shared his bold predictions on her criminal fraud trial, which is set to begin in August after several delays due to the coronavirus pandemic and her unexpected pregnancy. Despite the postponements, Carreyrou predicts Holmes will be convicted of wire fraud, and said that a guilty verdict in her trial will be a “major shot across the bow to entrepreneurs in Silicon Valley.”
     
  14. Seattle1

    Seattle1 #LiveLikeLizzy&Gabby

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    Theranos: Holmes' lawyer blames feds over data her company dismantled

    July 7, 2021

    A lawyer for Theranos founder Elizabeth Holmes blamed the federal government Wednesday for the loss of a database 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 and 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, her lawyer Amy Saharia said Wednesday during a video hearing.

    Federal prosecutors, however, say the information in the database would have highlighted serious problems with the company’s technology. The case is currently in pre-trial proceedings in San Jose U.S. District Court.

    [..]

    Davila said he would rule on the matter shortly.

    Holmes’ trial, delayed three times because of the pandemic and procedural matters, is scheduled to start Aug. 31. She faces maximum penalties of 20 years in prison and a $2.75 million fine, plus possible restitution, the Department of Justice has said
     
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  15. Auntie Cipation

    Auntie Cipation Context Matters.

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    Shouldn't she be about to give birth any day now?
     
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  16. Niner

    Niner Long time Websleuther

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    If I'm remembering correctly it was around July 9 - 11 - but don't take my word for it.... :)

    edited to add - found some of my old notes:

    3/2/21 Update: Counsel for Defendant advised the government that Defendant is pregnant, with an expected due date in July 2021, prosecutors & attorneys for Holmes write. Both parties agree that, in light of this development, it is not feasible to begin the trial on July 13, 2021. Lawyers for Holmes asked the judge to delay the start of jury selection to 8/31/21, after her due date.
     
  17. RickshawFan

    RickshawFan Verified Outdoor Recreation Specialist

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    Did we get this one into the lineup?

    https://www.cnbc.com/2021/06/15/eli...-concerned-about-finding-unbiased-jurors.html

    I'm all in favor of women nursing their newborns as they go about their business, but, natch, EH has to make a big deal out of it. It wouldn't be mentioned in front of the jury, though, correct? Could a jury member tell? EH is doing whatever she can to play the sympathy card. She won't appear pregnant, because of how the judge scheduled the trial (as soon as would be do-able after she no longer appeared pregnant), so now we've got the nursing theme.

    For all we know, this whole breast-feeding stunt could be her attempt to look more breast-y and not so Steven-Jobs-in-a-black-turtleneck-manly? This case makes me so cynical.
     
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  18. RickshawFan

    RickshawFan Verified Outdoor Recreation Specialist

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  19. RickshawFan

    RickshawFan Verified Outdoor Recreation Specialist

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    I suddenly clicked about the nursing theme. An actively nursing mom is less likely to be sent to prison?
    I'm not sure the judge has much patience for this. The nursing is not delaying the trial. EH merely has permission to nurse during breaks.
     
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  20. Auntie Cipation

    Auntie Cipation Context Matters.

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    Yes, agree with all you say. She's at the age when, if she has wanted to have kids, the time is now. So entirely realistic from that perspective.

    But if she's faking, then I guess she will ostensibly have a late miscarriage or stillbirth. But -- isn't she in custody? Harder to hide a fake medical event from the legal system if so.

    Like you, I don't actually think she's likely to be faking, I just don't trust that she wouldn't try. It's actually not all that distant a mindset from how things went at Theranos, in a way: "what I WANT to happen is more real than the facts of reality -- the facts will work themselves out somehow".
     
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