CA - Elizabeth Holmes (Theranos) Wire Fraud

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  • #161
The Dropout Podcast The Dropout Podcast - ABC Audio

This has Preet Bharara comments on EH's defense position...very interesting. She should plead guilty. He thinks, if she loses, it will be 10-15 years behind bars.

Question: Will Bulwani flip?

That will be an interesting display of how each will respond toward each other. She has a new love interest, not sure about him.
 
  • #162
Wednesday, Dec. 2nd:
*Status Hearing (@ 10am PT) - CA – only for *Elizabeth A. Holmes (34/now 36) (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 & a fine of $250K, plus restitution, for each individual count of wire fraud & conspiracy (up to $2.75 million in fines).
Trial set to begin on 3/9/21 with jury selection. (Trial will be from 3/9, 10, 12, 16, 17, 19, 23, 24, 26, 30, 31; & 4/2, 6, 7, 9, 13, 14, 16, 20, 21, 23, 27, 28, 30; & 5/4, 5, 7, 11, 12, 14, 18, 19, 21, 25, 26, & 28, 2021. Trial will begin at 9am).
See below for court info on Holmes.

*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 $250K, plus restitution, for each individual count of wire fraud & conspiracy.
Trial set to begin after Holmes’ trial.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Indictment:
https://www.justice.gov/file/1072521/download
According to the indictment from the U.S. Department of Justice, the charges are a result of allegations that Holmes engaged in a multi-million-dollar scheme to defraud investors, and a separate scheme to defraud doctors & patients. In the wake of this charge, Holmes is stripped of her control of the company, forced to return millions of shares to Theranos, and is barred from serving as an officer or director of any public company for ten years. Holmes steps down as CEO, but remains on the company's board. As per a January, 2019 filing, the Justice Dept. is reviewing nearly 17 million pages of documents concerning the case. Based on what they find, more charges could potentially be brought against Holmes & Balwani, and potentially others involved.

4/11/20 Update: Prosecutors filed a 3rd superseding indictment. New charge of a 12th fraud charge relating to a patient’s blood test.
8/28/20 Update: Defense filed a group of motions seeking dismissal of charges & the indictments against her. Among her five 8/28/20 petitions to Judge Edward Davila in U.S. District Court in San Jose was a request that he nix seven charges on the basis that prosecutors have introduced a “cryptic & tortured definition of the term ‘investors’” that “would expand exponentially the scope of the alleged scheme to defraud.” In another motion, attempting to have indictments against her thrown out, she claimed Davila had erred earlier when he agreed with prosecutors that the indictments sufficiently alleged that she & co-accused former Theranos president Balwani had “a duty of trust” to investors.
9/13/20 Update: A partially redacted, 11-page document filed in a San Jose, Ca. federal court Tuesday granted federal prosecutors’ motion to have Holmes undergo evaluation by a psychologist & a psychiatrist they had hired, in response to Holmes’ own request to undergo an evaluation by a psychologist she had chosen, and to have the two sessions recorded on video, despite her objection.
9/29/20 Update: Prosecutors addressed the motion to dismiss charges in a short filing that said although Holmes’ team was trying to get the judge to revisit his decision to uphold the indictments. They had made no attempt “to meet the standards for reconsideration.” Also the feds said, “there is no requirement that an indictment disclose the name of each victim who was defrauded during a far-reaching fraudulent scheme,” adding that they weren’t even required to prove individual victims were defrauded because “the wire fraud statute criminalizes the scheme itself regardless of whether it is completed.” The individuals & entities who invested include “certain business partners” along with members of the Theranos board & others who put their money into “purpose-built firms,” prosecutors argued. All are “readily identifiable” using the terms of the indictments, prosecutors’ filing said. “As to business partners, both Safeway & Walgreens qualify as investors under any reasonable definition of the term,” the filing said.

10/14/20 Update: Judge Davila denied 6 motions this week & other legal issues. Holmes had argued that her right to a speedy trial had been violated due to prosecutors' delays in filing two of their indictments — but Davila said much of the delay has been prompted by Holmes' own legal team & the pandemic. Holmes's legal team also filed a motion suggesting that it would be difficult to find witnesses with clear enough memories of the decade-old incidents that will come up in the trial — and too much time has elapsed for the trial to be fair. Davila ruled that this was "too vague & speculative." They also tried to get a half-dozen of the charges against Holmes thrown out because of statute-of-limitation concerns pertaining to the time of the alleged offenses, but Davila denied that too. Davila also rejected motions that prosecutors had somehow broadened the definition of the term "investors," regarding the entities Holmes & her co-accused, Balwani, are alleged to have defrauded. "The Court is not persuaded that there has been any expansion in the definition of 'investors,'" Davila wrote. The Court has severed the trials of defendants Holmes & Balwani. The trial of Ms. Holmes will begin on 3/9/21 with jury selection. Mr. Balwani’s trial will begin after the conclusion of Ms. Holmes’s trial. Holmes: Next status hearing on 12/2/20 @ 10am, pretrial motions hearing on 1/22/21 & status hearing on 2/16/21 both at 10am. Balwani: Next status hearing on 12/8/20 @ 10am.
 
  • #163
This is not a political question.....
There's a bribery-for-pardon scandal currently in the air... The pardon-seeker involved evidently has a short-ish last name ending in -s. This has been deduced by some clever people examining the redactions and font-scaling in the released court document(s). "Holmes" might fit under the black marks.
What do you think about the pardon-seeker being Holmes? She has the right look (long blonde hair and blue eyes), practice in appealing to the target (white men in high places), the right résumé (fraud), and she definitely needs a pardon right about now. Plus, she seems to be able to raise boodles of cash and lavish it around for her benefit. Of course, there's the thuggish component of body guards and bullet-proof limo. And then there's Boies, her long-time attorney, who has some weird leverage with whatever white men in high places might be criminally involved in the Maxwell/Epstein case.
This would be next level Holmes-ian machination...
 
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  • #164
9/13/20 Update: A partially redacted, 11-page document filed in a San Jose, Ca. federal court Tuesday granted federal prosecutors’ motion to have Holmes undergo evaluation by a psychologist & a psychiatrist they had hired, in response to Holmes’ own request to undergo an evaluation by a psychologist she had chosen, and to have the two sessions recorded on video, despite her objection.
Snipped for focus.....
How I would loooooove to see Janeen DeMarte (psychologist in Arias case) take on Holmes. Can you imagine a VIDEO? Bwahahaha!
 
  • #165
I missed today's hearing but here are instructions for phoning in to listen to the next status hearing (Pacific Time):

A Status Hearing for defendant Ramesh "Sunny" Balwani is scheduled for December 8, 2020 at 10:00 AM before Judge Edward J. Davila.

A Pretrial Motion Hearing for defendant Elizabeth Holmes is scheduled for January 22, 2021, at 10:00 AM before Judge Edward J. Davila.

A Status Hearing for defendant Elizabeth Holmes is scheduled for February 16, 2021 at 10:00 AM before Judge Edward J. Davila.

Connecting to the Hearings:

Due to the current health pandemic, these hearings are scheduled to be made available to the public through ZOOM video conference. To connect, please click the link or use the information below to join the webinar:
Join our Cloud HD Video Meeting

Or you may use the ZOOM app or ZOOM website using:
Webinar ID: 160 489 6302
Password: 544953

Dial in:
iPhone one-tap:
US: +16692545252,,1604896302#,,1#,544953# or +16468287666,,1604896302#,,1#,544953#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 669 254 5252 or +1 646 828 7666
Webinar ID: 160 489 6302
Password: 544953
 
  • #166
I missed today's hearing but here are instructions for phoning in to listen to the next status hearing (Pacific Time):

A Status Hearing for defendant Ramesh "Sunny" Balwani is scheduled for December 8, 2020 at 10:00 AM before Judge Edward J. Davila.

A Pretrial Motion Hearing for defendant Elizabeth Holmes is scheduled for January 22, 2021, at 10:00 AM before Judge Edward J. Davila.

A Status Hearing for defendant Elizabeth Holmes is scheduled for February 16, 2021 at 10:00 AM before Judge Edward J. Davila.

Connecting to the Hearings:

Due to the current health pandemic, these hearings are scheduled to be made available to the public through ZOOM video conference. To connect, please click the link or use the information below to join the webinar:
Join our Cloud HD Video Meeting

Or you may use the ZOOM app or ZOOM website using:
Webinar ID: 160 489 6302
Password: 544953

Dial in:
iPhone one-tap:
US: +16692545252,,1604896302#,,1#,544953# or +16468287666,,1604896302#,,1#,544953#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 669 254 5252 or +1 646 828 7666
Webinar ID: 160 489 6302
Password: 544953

Wow! That's impressive. You'd actually get to sit in on a hearing you likely wouldn't be able to witness in the good 'ol days? Without even leaving home? Hey, COVID has some advantages!
 
  • #167
Tuesday, Dec. 8th:
*Status Hearing (@ 10am PT) - CA – *Elizabeth A. Holmes (34/now 36) (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 $250K, plus restitution, for each individual count of wire fraud & conspiracy (up to $2.75 million in fines).
Trial set to begin on 3/9/21 with jury selection. (Trial will be from 3/9, 10, 12, 16, 17, 19, 23, 24, 26, 30, 31; & 4/2, 6, 7, 9, 13, 14, 16, 20, 21, 23, 27, 28, 30; & 5/4, 5, 7, 11, 12, 14, 18, 19, 21, 25, 26, & 28, 2021. Trial will begin at 9am).

See below for court info on Holmes.
Only for *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 $250K, plus restitution, for each individual count of wire fraud & conspiracy.
Trial set to begin after Holmes’ trial.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.

Indictment & court info from 4/11/20 thru 9/29/20 reference post #162 here:
CA - Elizabeth Holmes (Theranos) Wire Fraud

10/14/20 Update: Judge Davila denied 6 motions this week & other legal issues. Holmes had argued that her right to a speedy trial had been violated due to prosecutors' delays in filing two of their indictments — but Davila said much of the delay has been prompted by Holmes' own legal team & the pandemic. Holmes's legal team also filed a motion suggesting that it would be difficult to find witnesses with clear enough memories of the decade-old incidents that will come up in the trial — and too much time has elapsed for the trial to be fair. Davila ruled that this was "too vague & speculative." They also tried to get a half-dozen of the charges against Holmes thrown out because of statute-of-limitation concerns pertaining to the time of the alleged offenses, but Davila denied that too. Davila also rejected motions that prosecutors had somehow broadened the definition of the term "investors," regarding the entities Holmes & her co-accused, Balwani, are alleged to have defrauded. "The Court is not persuaded that there has been any expansion in the definition of 'investors,'" Davila wrote. The Court has severed the trials of defendants Holmes & Balwani. The trial of Ms. Holmes will begin on 3/9/21 with jury selection. Mr. Balwani’s trial will begin after the conclusion of Ms. Holmes’s trial. Holmes: Next status hearing on 12/2/20 @ 10am, pretrial motions hearing on 1/22/21 & status hearing on 2/16/21 both at 10am. Balwani: Next status hearing on 12/8/20 @ 10am.
12/2/20 Update: Holmes: No info from hearing. Next pretrial motions hearing on 1/22/21 @ 10am.
 
  • #168
Any word on what happened at Balwani's hearing? Maybe next court dates?

TIA!
animated-smileys-christmas-033.gif
 
  • #169
@Seattle1 - any news on Balwani's hearing & when his next one might be?

TIA!
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  • #170
Any word on what happened at Balwani's hearing? Maybe next court dates?

TIA!
animated-smileys-christmas-033.gif

@Seattle1 - any news on Balwani's hearing & when his next one might be?

TIA!
animated-smileys-christmas-060.gif
Nothing noted in the docket yet.

Both EH and RSB cases are being heard by Judge Edward J. Davila (San Jose) and because of the Gov lockdown orders, effective Dec 8, 2020 - the calendar reads *** CALENDAR CLOSED OUT FOR FURTHER SET***

Both of these cases are US District Court so we can see the Judge's calendar (like Super Dave case).

These are Judge Davila's instructions for motions, status hearings, and pretrial conferences:

Civil Motions are scheduled on THURSDAYS at 9:00 AM by RESERVATION ONLY.

Civil Case Management Conferences and Pretrial Conferences are scheduled for THURSDAYS at 10:00 AM and 11:00 AM respectively.

To reserve a hearing date please contact Judge Davila’s Courtroom Deputy, Adriana M. Kratzmann at (408) 535-5356upload_2020-12-10_8-1-4.png or email, [email protected] Once your matter is reserved for hearing your motion should be noticed in accordance with the Federal Rules of Civil Procedure and the Local Civil Rules. Should any respective party fail to file the anticipated motion within time provided by the Local Rules, the reserved calendar date will be vacated without further notice to the parties.

PLEASE NOTE: Please also refer to Judge Davila's updated Standing Order re Civil Cases. Judge Davila does not issue tentative rulings on upcoming matters. Any matters that are taken under submission by the Court are submitted until further Order of the Court (L.R. 7-1(b)).


Judges' Weekly Calendars | United States District Court, Northern District of California
 
  • #171
  • #172
Thanks @Seattle1 for the link - now I won't have to bother you! :D
 
  • #173
Thanks @Seattle1 for the link - now I won't have to bother you! :D
You know I'm always happy to help update if I can!

I just learned about the published calendars for federal court cases which I believe is new. I'll try to find and link the same for the Judge on Vanessa Guillian's case if available.
 
  • #174
You know I'm always happy to help update if I can!

I just learned about the published calendars for federal court cases which I believe is new. I'll try to find and link the same for the Judge on Vanessa Guillian's case if available.

Cool! Thanks! :)
 
  • #175
Holmes:

Friday, Jan 22 2021
10:00AM
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes
AUSA: Jeffrey Schenk / DEF: Kevin Downey
Motions In Limine and Re Experts Hearing
5:18-cr-00258-EJD - USA v. Elizabeth Holmes
For connection information, please see the judge's page.
Motion in Limine

link: CALENDAR


Nothing on Balwani yet.
 
  • #176
No date yet for Balwani.

for Holmes:

Friday, Jan 22, 2021

*** CALENDAR CLOSED OUT FOR FURTHER SET***

link: CALENDAR


I'll keep an eye out for the next court hearing.
 
  • #177
  • #178
Elizabeth Holmes' trial delayed amid coronavirus concerns

Dec 24, 2020

U.S. District Court Judge Edward J. Davila, who is presiding over the San Jose-based wire fraud case against Holmes, said in court papers filed late last week that the one-time billionaire’s trial is now expected to begin on July 13, 2021 – four months later than the March date that had previously been set.

“The court has been vigilant in keeping informed as to the impact of the COVID-19 pandemic in the nation and the state and in day to day life in the San Francisco bay area,” Davila wrote in court papers filed Dec. 18. “The court notes sadly, the impact on our lives is grim.”

Davila went on to describe how the Golden State is in the midst of “an unprecedented surge in cases and hospitalizations.”

____________________

@Niner - I don't know that status confs & pretrial hearing will be affected by the trial delay. These hearings are via zoom and tend to be short. I understand the trial delay as this is a very physical matter with juror selection and in-person court procedure.
 
  • #179
Seattle1 said:
snipped by me....
@Niner - I don't know that status confs & pretrial hearing will be affected by the trial delay. These hearings are via zoom and tend to be short. I understand the trial delay as this is a very physical matter with juror selection and in-person court procedure.

I just looked on the calendar & neither Holmes or Balwani are on the court site & it goes thru Feb. 4, 2021.
Holmes "did" have a pretrial motions hearing on 1/22/21 but that was taken off the calendar.
I usually check every week - so I'll keep looking....
 
  • #180
Tuesday, Feb 9 2021
10:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
AUSA: Jeffrey Schenk / DEF: Jeffrey Coopersmith
Further Status Conference

link: CALENDAR
 
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