GUILTY CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges

[Niner]

Former Theranos exec seeks to avoid lengthy prison sentence

SAN JOSE, Calif. (AP) — Former Theranos executive Ramesh “Sunny" Balwani returned to federal court Friday in a last-ditch attempt to stay out of prison while appealing a jury's verdict convicting him of orchestrating a blood-testing hoax with his former boss and lover, Elizabeth Holmes.

apnews.com

Feb. 17, 2023
SAN JOSE, Calif. (AP) — Former Theranos executive Ramesh “Sunny” Balwani returned to federal court Friday in a last-ditch attempt to stay out of prison while appealing a jury’s verdict convicting him of orchestrating a blood-testing hoax with his former boss and lover, Elizabeth Holmes.

Besides overseeing arguments about Balwani’s attempt to delay the start of his nearly 13-year prison sentence, U.S. District Judge Edward Davila also heard a vigorous debate about how much money Balwani should pay investors and patients duped by the Theranos blood tests that never worked as promised. The deceit resulted in Balwani’s conviction on 12 counts of fraud and conspiracy.

Davila didn’t issue any rulings at the end of the 90-minute hearing. His decision on whether Balwani can remain free on bail while he appeals his conviction, however, is likely to come soon. That’s because Balwani, 57, is scheduled to report to prison in Lompoc, California, on March 15.

The judge said he doesn’t expect to decide on the question of how much Balwani should pay in restitution until another hearing on the same issues is held for Holmes, Theranos’ disgraced CEO, on March 17.
[.....]
Federal prosecutors are seeking a court order that would saddle Balwani with a restitution bill of nearly $900 million — a figure that would likely be largely symbolic. It would also be far larger that than the $120 million loss estimate that Davila used in calculating Balwani’s prison sentence.

Prosecutor Robert Leach openly scoffed at Walsh’s contention that Balwani should owe nothing, calling it a “remarkable position.”
[.....]
[Federal prosecutor Kelly]Volkar suggested Balwani may have more incentive to flee with his lengthy prison sentence now less than a month away and argued he remains a potential menace.

 

[Niner]

There is nothing on the Judge's calendar thru 3/31/23 for Balwani.

So I guess we wait for Judge's decision on or after Holmes' hearing on 3/17/23.

 

[JerseyGirl]

Former Theranos exec seeks to avoid lengthy prison sentence

Former Theranos executive Ramesh “Sunny" Balwani returned to federal court Friday in a last-ditch attempt to stay out of prison while appealing a jury's verdict convicting him of orchestrating a blood-testing hoax with his former boss and lover, Elizabeth Holmes. In her presentation, Amy Walsh...

news.yahoo.com

 

[JerseyGirl]

Theranos exec Sunny Balwani loses bid to delay prison term

A federal judge has rejected former Theranos executive Ramesh “Sunny” Balwani’s bid to remain free while he appeals his conviction for crimes he committed during a blood-testing scam he orchestrated with his former boss and lover, Elizabeth Holmes.

apnews.com

 

[Niner]

Theranos exec Sunny Balwani loses bid to delay prison term

A federal judge has rejected former Theranos executive Ramesh “Sunny” Balwani’s bid to remain free while he appeals his conviction for crimes he committed during a blood-testing scam he orchestrated with his former boss and lover, Elizabeth Holmes.

apnews.com

One sentence says Lompoc, which is California & the other says a facility in Atlanta - ?? Which one is it going to be?

U.S. District Judge Edward Davila, who sentenced Balwani and denied his request to remain free on appeal, had recommended he serve his time in a Lompoc prison.

Balwani is scheduled to report to prison March 15 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. Unless the appeals court rules he can remain free, Balwani has been ordered to report to an Atlanta federal prison, according to court documents. The 121-year-old prison has been plagued by misconduct and other abuses described by whistleblowers during a congressional hearing last year.

 

[Seattle1]

One sentence says Lompoc, which is California & the other says a facility in Atlanta - ?? Which one is it going to be?

U.S. District Judge Edward Davila, who sentenced Balwani and denied his request to remain free on appeal, had recommended he serve his time in a Lompoc prison.

Balwani is scheduled to report to prison March 15 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. Unless the appeals court rules he can remain free, Balwani has been ordered to report to an Atlanta federal prison, according to court documents. The 121-year-old prison has been plagued by misconduct and other abuses described by whistleblowers during a congressional hearing last year.

The probation folks doing the presentence report would have recommended Lampoc prison -- only 250 miles from San Jose court where Belwani was convicted.

However, a person reporting to federal prison to begin a prison term generally shows up at R&D, Receiving & Discharging. Every new arrival at a federal prison facility goes through prison reception.

IMO, either the Atlanta location is where Belwani will go through reception or it's the prison with beds available next week.

Former Theranos exec Sunny Balwani loses bid to remain out of prison during appeals

The ruling issued late Thursday pushes Balwani, 57, a step closer to having to begin a nearly 13-year prison sentence he received.

www.nbcnews.com

 

[Seattle1]

Theranos exec Sunny Balwani loses bid to delay prison term

A federal judge has rejected former Theranos executive Ramesh “Sunny” Balwani’s bid to remain free while he appeals his conviction for crimes he committed during a blood-testing scam he orchestrated with his former boss and lover, Elizabeth Holmes.

apnews.com

3/10/23

Balwani is scheduled to report to prison March 16 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. He had been scheduled to report March 15, but was granted an additional day of freedom in another order issued late Thursday by U.S. District Judge Edward Davila.

Unless the appeals court rules he can remain free, Balwani has been ordered to report to an Atlanta federal prison, according to court documents. The 121-year-old prison has been plagued by misconduct and other abuses described by whistleblowers during a congressional hearing last year.


Davila, who sentenced Balwani and denied his request to remain free on appeal, had recommended he serve his time in a Lompoc prison. That facility is located about 250 miles (400 kilometers) from the San Jose, California, courtroom where his trial unfolded last year.

 

[LinasK]

Theranos exec Sunny Balwani loses bid to delay prison term

A federal judge has rejected former Theranos executive Ramesh “Sunny” Balwani’s bid to remain free while he appeals his conviction for crimes he committed during a blood-testing scam he orchestrated with his former boss and lover, Elizabeth Holmes.

apnews.com

3/10/23

Balwani is scheduled to report to prison March 16 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. He had been scheduled to report March 15, but was granted an additional day of freedom in another order issued late Thursday by U.S. District Judge Edward Davila.

Unless the appeals court rules he can remain free, Balwani has been ordered to report to an Atlanta federal prison, according to court documents. The 121-year-old prison has been plagued by misconduct and other abuses described by whistleblowers during a congressional hearing last year.


Davila, who sentenced Balwani and denied his request to remain free on appeal, had recommended he serve his time in a Lompoc prison. That facility is located about 250 miles (400 kilometers) from the San Jose, California, courtroom where his trial unfolded last year.

So he'd go to Atlanta for processing, and then send him back to Lompoc?

 

[Seattle1]

One sentence says Lompoc, which is California & the other says a facility in Atlanta - ?? Which one is it going to be?

U.S. District Judge Edward Davila, who sentenced Balwani and denied his request to remain free on appeal, had recommended he serve his time in a Lompoc prison.

Balwani is scheduled to report to prison March 15 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. Unless the appeals court rules he can remain free, Balwani has been ordered to report to an Atlanta federal prison, according to court documents. The 121-year-old prison has been plagued by misconduct and other abuses described by whistleblowers during a congressional hearing last year.

The probation folks doing the presentence report would have recommended Lampoc prison -- only 250 miles from San Jose court where Belwani was convicted.

However, a person reporting to federal prison to begin a prison term generally shows up at R&D, Receiving & Discharging. Every new arrival at a federal prison facility goes through prison reception.

IMO, either the Atlanta location is where Belwani will go through reception or it's the prison with beds available next week.

Former Theranos exec Sunny Balwani loses bid to remain out of prison during appeals

The ruling issued late Thursday pushes Balwani, 57, a step closer to having to begin a nearly 13-year prison sentence he received.

www.nbcnews.com

The more I look at this, the more I think that the media got it wrong.

It does not follow that Balwani would first be recommended to be housed at Lampoc Prison which is medium security U.S. penitentiary with an adjacent minimum security satellite camp, and suddenly be directed to USP Atlanta -- the home of Al Capone and Whitey Bulger.

There are a couple of other USPs located in the Atlanta area including Atlanta Camp which is also a minimum security that only houses about 123 inmates, a residential unit, and a couple of private prisons -- if they are still open. JMO

Federal Prisons in Georgia | Georgia Federal Prisons

Learn about federal prisons in Georgia. Here we list all Georgia federal prisons and link to detailed profiles about each facility.

federalcriminaldefenseattorney.com

 

[Seattle1]

Interesting -- seems something happened behind the scenes for Balwani to be sent more than 500 miles from CA.

I recall Holmes was recommended housed at a facility in TX and I believed that was most likely for security reasons.

BOP: Designations

www.bop.gov

Upon sentencing in Federal District Court, the Bureau of Prisons has the sole responsibility in determining where an offender will be designated for service of his/her sentence in accordance with Program Statement 5100.08, Inmate Security and Custody Classification manual. Prior to a designation occurring, the DSCC must receive for consideration all sentencing material regarding the offender. These documents are received from the sentencing Court, U.S. Probation Office, and the U.S. Marshals Service and processed.

The Bureau attempts to designate inmates to facilities commensurate with their security and program needs within 500 driving miles of their release residence. If an inmate is placed at an institution that is more than 500 driving miles from his/her release residence, generally, it is due to specific security, programming, or population concerns. The same criteria apply when making decisions for both initial designation and re-designation for transfer to a new facility.

Inmates are designated/re-designated to institutions based on:

• the level of security and staff supervision the inmate requires,
• the level of security and staff supervision the institution provides,
• the medical classification care level of the inmate and the care level of the institution,
• the inmate's program needs (e.g., substance abuse treatment, educational/vocational training, individual and/or group counseling, medical/mental health treatment), and
• various administrative factors (e.g., institution bed space capacity; the inmate's release residence; judicial recommendations; separation needs; and security measures needed to ensure protection of victims, witnesses, and the general public).

 

[Cool Cats]

One sentence says Lompoc, which is California & the other says a facility in Atlanta - ?? Which one is it going to be?

U.S. District Judge Edward Davila, who sentenced Balwani and denied his request to remain free on appeal, had recommended he serve his time in a Lompoc prison.

Balwani is scheduled to report to prison March 15 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. Unless the appeals court rules he can remain free, Balwani has been ordered to report to an Atlanta federal prison, according to court documents. The 121-year-old prison has been plagued by misconduct and other abuses described by whistleblowers during a congressional hearing last year.

Federal judges do this all the time, recommend a prison but it is only a recommendation and the federal prison system, BOP, decides where to send inmates.

BOP tries to send inmates within 500 miles of their residence or family home so it is easier for family to visit.

Usually it is the defendant"s attorney who asks the judge to recommend a specific prison because it is the prison the defendant wants to go to.

If the court documents specify that BOP wants Balwani to go to the federal prison in Atlanta, then that will be where he will go.

I am surprised though. I thought he would be housed in a minimum security prison not low security.

 

[Seattle1]

I am surprised though. I thought he would be housed in a minimum security prison not low security.

^^rsbm

No way -- not if Josh Duggar is in federal BPO low security, I don't think Balwani should be housed at that level! JMO

 

[RickshawFan]

Balwani reports to prison March 15, tomorrow. No reprieve. I guess he'd have to be on his way by now. Finally.

See source ^^^ and here:

Former Theranos exec Sunny Balwani loses bid to remain out of prison during appeals

The ruling issued late Thursday pushes Balwani, 57, a step closer to having to begin a nearly 13-year prison sentence he received.

www.nbcnews.com

IMO the feds are very astute in sending him away from Silicon Valley. No yes-men/women anywhere close, or even former pals to buddy up with behind bars. Who else is at the Atlanta prison? Definitely not tech industry there, and they might have a few things against SV types.

 

[RickshawFan]

Oh, gosh, I love it. Inmates in the past: mafia bosses, sports stars,White Bolger, Ponzi himself. 2022-ish: Reality star Joe Exotic, Baby Gangsta (a rapper), Paul Nicholas Miller, far right commentator who's in there for being a felon in possession of a firearm; Todd and Julie Chrisley,TV personalities, for bank and tax fraud. Quite the fun crew.

Television personalities sentenced to years in federal prison for fraud and tax evasion

Todd and Julie Chrisley have been sentenced to 12 and seven years, respectively, in federal prison after a jury convicted them of bank and tax fraud offenses following a nearly three-week jury trial.

www.justice.gov

Atlanta Prison must be the end destination for Balwani, since the pass-throughs are pre-trial. It is low security with a minimum camp.

This prison is notoriously a hell-hole.

 

[Niner]

Balwani reports to prison March 15, tomorrow. No reprieve. I guess he'd have to be on his way by now. Finally.

See source ^^^ and here:

Former Theranos exec Sunny Balwani loses bid to remain out of prison during appeals

The ruling issued late Thursday pushes Balwani, 57, a step closer to having to begin a nearly 13-year prison sentence he received.

www.nbcnews.com

IMO the feds are very astute in sending him away from Silicon Valley. No yes-men/women anywhere close, or even former pals to buddy up with behind bars. Who else is at the Atlanta prison? Definitely not tech industry there, and they might have a few things against SV types.

Actually he is going away on Thursday, March 16th - the Judge gave him an extra day...

 

[ifindedout]

Well, today's the day. Hopefully it was at the crack of dawn. No news, perhaps the next update is being saved for when he arrives in Atlanta.

 

[Seattle1]

Well, we know he's registered in the system but hasn't been identified in a cell yet!

Name: RAMESH BALWANI
Register Number: 24966-111
Age: 57
Race: Asian
Sex: Male
Release Date: UNKNOWN
Location: Not in BOP custody

BOP: Federal Inmates By Name

www.bop.gov

 

[Niner]

Thursday, March 16th:
*Surrender Date for Prison (by 2pm PT) - CA – *Ramesh “Sunny” Balwani (53/now 57) (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. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. Unsecured bon $500K was modified (7/7/22) to secured $750K 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. Plead not guilty.
Judge Edward J. Davila (U.S. District Court, San Jose) Federal Court filed 3/14/18 pending; plead not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22 & ended 7/7/22. Jury left: 12 jurors (8 women & 4 men) & 2 alternates (2 men). Jury change: Judge excused #10 (vacation plans) & replaces her with alternate #5. Jury Self: 12 jurors (7 women & 5 men) & 1 alternate (man). Jury Deliberations: Total: ~35 hours of deliberations. Returned with a verdict of guilty of all 12 charges. Sentencing hearing on 12/7/22 @ 10am. 12/7/22 Update: Bałwani sentenced to 155 months in prison (12 years and 11 months) & 3 years probation. Balwani will report to prison on 3/15/23 & judge changed it to 3/16/23. Restitution hearing on 2/17/23.
Indictment & court info (Jury selection/trial/jury deliberations) from 4/11/20 thru 12/21/22 reference post #300 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-15
1/17/23 Update: Motion for release pending Appeal & Restitution hearing on 2/17/23. 2/17/23 Update: Balwani returned to federal court Friday in a last-ditch attempt to stay out of prison while appealing a jury’s verdict convicting him of orchestrating a blood-testing hoax with his former boss & lover, Holmes. Besides overseeing arguments about Balwani’s attempt to delay the start of his nearly 13-year prison sentence, U.S. District Judge Edward Davila also heard a vigorous debate about how much money Balwani should pay investors & patients duped by the Theranos blood tests that never worked as promised. The deceit resulted in Balwani’s conviction on 12 counts of fraud & conspiracy. Davila didn’t issue any rulings at the end of the 90-minute hearing. His decision on whether Balwani can remain free on bail while he appeals his conviction, however, is likely to come soon. That’s because Balwani is scheduled to report to prison in Lompoc, California, on March 15. The judge said he doesn’t expect to decide on the question of how much Balwani should pay in restitution until another hearing on the same issues is held for Holmes, Theranos’ disgraced CEO, on March 17. Next surrender date is 3/15/23 by 2pm.
3/8/23 Update: U.S. District Judge Edward Davila, who sentenced Balwani & denied his request to remain free on appeal, had recommended he serve his time in a Lompoc prison. Balwani is scheduled to report to prison March 15 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. Unless the appeals court rules he can remain free, Balwani has been ordered to report to an Atlanta federal prison, according to court documents.
3/10/23 Update: Balwani is scheduled to report to prison 3/16/23 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. He had been scheduled to report March 15, but was granted an additional day of freedom in another order issued late Thursday by U.S. District Judge Edward Davila.
*Elizabeth A. Holmes (34/now 38) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Sentencing hearing was to be on 10/17/22 but was delayed with motions for new trial Filed (5/27/22) for dismissal of all charges. All 3 motions for dismissal/new trial-denied. Sentenced on 11/18/22 to 11.25 years (135 months) in prison & 3 years supervised release. Motions hearing for miscellaneous relief on 3/17/23. The judge set a surrender date for 4/27/23. The Court makes the following recommendation: The Defendant be designated to the Federal Prison Camp at Bryan, Texas.

 

[LinasK]

Thursday, March 16th:
*Surrender Date for Prison (by 2pm PT) - CA – *Ramesh “Sunny” Balwani (53/now 57) (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. Another count of wire fraud was added in 2020, bringing the total number of felony charges to 12. Plead not guilty. Unsecured bon $500K was modified (7/7/22) to secured $750K 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. Plead not guilty.
Judge Edward J. Davila (U.S. District Court, San Jose) Federal Court filed 3/14/18 pending; plead not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22 & ended 7/7/22. Jury left: 12 jurors (8 women & 4 men) & 2 alternates (2 men). Jury change: Judge excused #10 (vacation plans) & replaces her with alternate #5. Jury Self: 12 jurors (7 women & 5 men) & 1 alternate (man). Jury Deliberations: Total: ~35 hours of deliberations. Returned with a verdict of guilty of all 12 charges. Sentencing hearing on 12/7/22 @ 10am. 12/7/22 Update: Bałwani sentenced to 155 months in prison (12 years and 11 months) & 3 years probation. Balwani will report to prison on 3/15/23 & judge changed it to 3/16/23. Restitution hearing on 2/17/23.
Indictment & court info (Jury selection/trial/jury deliberations) from 4/11/20 thru 12/21/22 reference post #300 here:
https://www.websleuths.com/forums/t...56-theranos-wire-fraud-charges.614821/page-15
1/17/23 Update: Motion for release pending Appeal & Restitution hearing on 2/17/23. 2/17/23 Update: Balwani returned to federal court Friday in a last-ditch attempt to stay out of prison while appealing a jury’s verdict convicting him of orchestrating a blood-testing hoax with his former boss & lover, Holmes. Besides overseeing arguments about Balwani’s attempt to delay the start of his nearly 13-year prison sentence, U.S. District Judge Edward Davila also heard a vigorous debate about how much money Balwani should pay investors & patients duped by the Theranos blood tests that never worked as promised. The deceit resulted in Balwani’s conviction on 12 counts of fraud & conspiracy. Davila didn’t issue any rulings at the end of the 90-minute hearing. His decision on whether Balwani can remain free on bail while he appeals his conviction, however, is likely to come soon. That’s because Balwani is scheduled to report to prison in Lompoc, California, on March 15. The judge said he doesn’t expect to decide on the question of how much Balwani should pay in restitution until another hearing on the same issues is held for Holmes, Theranos’ disgraced CEO, on March 17. Next surrender date is 3/15/23 by 2pm.
3/8/23 Update: U.S. District Judge Edward Davila, who sentenced Balwani & denied his request to remain free on appeal, had recommended he serve his time in a Lompoc prison. Balwani is scheduled to report to prison March 15 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. Unless the appeals court rules he can remain free, Balwani has been ordered to report to an Atlanta federal prison, according to court documents.
3/10/23 Update: Balwani is scheduled to report to prison 3/16/23 unless he can win a reprieve from a federal appeals court in a motion his lawyers say they plan to file. He had been scheduled to report March 15, but was granted an additional day of freedom in another order issued late Thursday by U.S. District Judge Edward Davila.
*Elizabeth A. Holmes (34/now 38) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Sentencing hearing was to be on 10/17/22 but was delayed with motions for new trial Filed (5/27/22) for dismissal of all charges. All 3 motions for dismissal/new trial-denied. Sentenced on 11/18/22 to 11.25 years (135 months) in prison & 3 years supervised release. Motions hearing for miscellaneous relief on 3/17/23. The judge set a surrender date for 4/27/23. The Court makes the following recommendation: The Defendant be designated to the Federal Prison Camp at Bryan, Texas.

What happens if he doesn't surrender by 2pm? He's got 4 hours to go here on the West Coast.

 

[Niner]

What happens if he doesn't surrender by 2pm? He's got 4 hours to go here on the West Coast.

I would guess they would put a warrant out for his arrest... JMO!