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

[mrjitty]

Actually, Judge Edward Davila very quickly advanced to the top of my favorite US District Court Judges!

Judge Davilia was upset when he had to dismiss the jurors early because the defense attorney asked for a sidebar with only 17 minutes left in the day.

The defense was questioning Pandori (former Theranos Lab Director) about an email he allegedly sent to another lab director on his last day of work. Pandori responded multiple times that he didn't recall the email. The defense tried again, asking if it was possible that he might have written it, and Pandori replied it was possible.

From the link:

"Why are we wasting time?" asked the judge. "We had 17 minutes

and surely, surely you could have touched on another subject and come back to this … I had to send the jury home early and it's unfortunate."

[..]

"This is the tail end of that," said Jeffrey Coopersmith of Orrick. "This is informing the issue of why he left."

The problem is, the judge said, is it's not known if the memo is actually Pandori's own words.

Coopersmith told the court that, in the end, the former lab director had "hedged a little bit" by saying he didn't have a memory of the document.

The judge challenged that assertion.

"You repeated the question again and again and again, and we know what witnesses do," Judge Davila said. "They'll yield, they'll say 'yeah, it's possible.'"

The government's lawyer, John Bostic, told the judge that, under a stipulation between the parties, documents stored and produced by Theranos are admissible, but only if there are no issues with authenticity.

Coopersmith told the court that there were numerous ways to authenticate the email and report, which he said was given to the government by Theranos and was numbered in a way that showed it was one of the documents stipulated for admission.

"Here's the bottom line," Coopersmith said. "If this document doesn't come in from Dr. Pandori … we'll do this the hard way … we'll have a paralegal lined up from the U.S. Attorney's Office about what they received from Theranos … "

Judge Davila cut Coopersmith off.

"Don't threaten me, you're better than that," he said.

Read more at: 'Don't Threaten Me,' Judge Warns Balwani Atty At Fraud Trial - Law360​

I am always amazed at how US lawyers speak to Judges!

 

[Niner]

Update on Docket - on 4/6/22.

Tuesday, Apr 5 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial

Wednesday, Apr 6 2022
08:30AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Motion for Miscellaneous Relief

09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial

link: CALENDAR

 

[Niner]

Tuesday, April 5th:
*Trial continues (Day 5) (@ 9am PT) - CA – *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. 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 & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury: 12 jurors (6 women & 6 men) & 6 alternates (2 women & 4 men). 3/21/22: Jury #1 sick, alternate moves to jury. 12 jurors (6 women & 6 men) & 5 alternates (2 women & 3 men). Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: 4/5, 4/6, 4/12, 4/13, 4/15, 4/19, 4/20, 4/22, 4/26, 4/27, 5/3, 5/4, 5/10, 5/11, 5/13 & 5/17.
Indictment & court info from 4/11/20 thru 3/8/22 & Jury selection (Day 1-4) 3/9/22 to 3/15/22 & 3/16 to 3/21/22 & Trial Days 1-2 (3/22 to 3/23/22) & hearing on 3/29/22 & trial day 3 (3/30/22) reference post #78 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
4/1/22 Friday, Trial Day 4: Government witnesses: Former Theranos lab director Mark Pandori back on the stand.
or more info see post #79 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
Trial continues on Tuesday, 4/5/22 @ 9am. Motion for miscellaneous relief hearing on 4/6/22 @ 8:30am added.
*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.

 

[Niner]

for Tuesday, 4/5/22:

Dorothy Atkins
@doratki
·
11h
In 2012, Sunny Balwani texted Elizabeth Holmes "let's put every ounce of energy into focusing on breaking even and getting to $15M revenue per month in Oct and every month after a minimum of $15M," Yam says Theranos was never cash-flow positive, and never met that goal.

Prosecutor points out that Theranos paid Boies Schiller and Interfor International for work related to whistleblowers Erika Cheung and Tyler Schultz - presumably for their litigation threats.

15h
Good morning from San Jose! I'm in Judge Ed Davila's courtroom for week 3-ish of Sunny Balwani's criminal fraud trial. My colleague @bonnieeslinger
covered trial last week. ICYMI, here's her excellent (& dramatic) recap of Friday's testimony:

Prosecutor wraps Yam's direct pointing to a series of text messages that Balwani sent Elizabeth Holmes. In July 2015, Balwani texted Holmes "I worked for 6 years day and night to help you. I am sad at where you and I are. I thought it would be better I know u r angry in ur way.."

Balwani's text goes on "..And upset with me for not doing everything you wanted me to do." Holmes replied, "???" Balwani then texted Holmes in July 2015 "I am responsible for everything at Theranos. All have been my decisions too. I won’t transition until u r in a perfect place"

A lot of these texts were shown to Holmes' jury, but the prosecutor points to new texts too. Balwani told Holmes "I am not leaving until we break even" & "Stay focused. the PR strategy is wrong, we need to go on offense and not be on defense." Yam says they never broke even.

Jeff Coopersmith is up for Balwani on cross. He gets Yam to acknowledge that she never falsified any Theranos financial statements, she reported directly to Elizabeth Holmes and Balwani put in long hours.

Today's testimony in Sunny Balwani fraud trial featured an Emerson quote, Theranos' financial history and Balwani's arguments for why he wasn't in charge of the hemorrhaging cash flow. Here's my recap!

link: https://twitter.com/doratki


'Tomorrow Is A New Day,' Theranos Judge Tells Balwani Atty - Law360

April 5, 2022
Days after their tense exchange, an attorney for former Theranos executive Ramesh "Sunny" Balwani apologized to U.S. District Judge Edward Davila on Tuesday for burdening the court with "more paper" related to admitting certain evidence, prompting the judge to let bygones be bygones with a quote from Ralph Waldo Emerson.

Before trial began Tuesday morning, Judge Davila told Balwani's counsel, Jeffrey Bruce Coopersmith of Orrick Herrington & Sutcliffe LLP, that he noticed the defense team had filed a motion late Monday evening asking him to admit exhibits related to former Theranos lab director Mark Pandori's cross-examination.

The documents at issue came under scrutiny from prosecutors at the end of trial testimony Friday. At the time, Coopersmith told Judge Davila that the defense was prepared to take additional court time to authenticate them, prompting the judge to warn, "Don't threaten me. You're better than that."

On Tuesday, Coopersmith acknowledged the defense had filed a motion and apologized for the additional work for the court. Judge Davila shrugged off the apology.

"No, no, no, no, no," Judge Davila said. "To quote Emerson, 'Finish each day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day.' So that's what we'll do."

more in article.

 

[Niner]

Wednesday, April 6th:
*Motions Hearing (@ 8:30am PT) & *Trial continues (Day 6) (@ 9am PT) - CA – *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. 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 & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury: 12 jurors (6 women & 6 men) & 6 alternates (2 women & 4 men). 3/21/22: Jury #1 sick, alternate moves to jury. 12 jurors (6 women & 6 men) & 5 alternates (2 women & 3 men). Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: 4/6, 4/12, 4/13, 4/15, 4/19, 4/20, 4/22, 4/26, 4/27, 5/3, 5/4, 5/10, 5/11, 5/13 & 5/17.
Indictment & court info from 4/11/20 thru 3/8/22 & Jury selection (Day 1-4) 3/9/22 to 3/15/22 & 3/16 to 3/21/22 & Trial Days 1-2 (3/22 to 3/23/22) & hearing on 3/29/22 & trial days 3-4 (3/30 to 4/1/22) reference post #83 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
4/5/22 Tuesday, Trial Day 5: Government witnesses: former Theranos controller So Han Spivey, who goes by Danise Yam.
for more info see post #84 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
Trial will continue Wednesday, 4/6/22 with Pandori's cross-examination. Motion for miscellaneous relief hearing on 4/6/22 @ 8:30am added.
*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.

 

[Seattle1]

Judge Edward Davila -- putting a face with a name....

At Elizabeth Holmes Trial, Judge Edward Davila Takes Middle Path in His Rulings

 

[Kittybunny]

Judge Edward Davila -- putting a face with a name....

At Elizabeth Holmes Trial, Judge Edward Davila Takes Middle Path in His Rulings

I have been super impressed with him!

 

[LinasK]

for Tuesday, 4/5/22:

Dorothy Atkins
@doratki
·
11h
In 2012, Sunny Balwani texted Elizabeth Holmes "let's put every ounce of energy into focusing on breaking even and getting to $15M revenue per month in Oct and every month after a minimum of $15M," Yam says Theranos was never cash-flow positive, and never met that goal.

Prosecutor points out that Theranos paid Boies Schiller and Interfor International for work related to whistleblowers Erika Cheung and Tyler Schultz - presumably for their litigation threats.

15h
Good morning from San Jose! I'm in Judge Ed Davila's courtroom for week 3-ish of Sunny Balwani's criminal fraud trial. My colleague @bonnieeslinger
covered trial last week. ICYMI, here's her excellent (& dramatic) recap of Friday's testimony:

Prosecutor wraps Yam's direct pointing to a series of text messages that Balwani sent Elizabeth Holmes. In July 2015, Balwani texted Holmes "I worked for 6 years day and night to help you. I am sad at where you and I are. I thought it would be better I know u r angry in ur way.."

Balwani's text goes on "..And upset with me for not doing everything you wanted me to do." Holmes replied, "???" Balwani then texted Holmes in July 2015 "I am responsible for everything at Theranos. All have been my decisions too. I won’t transition until u r in a perfect place"

A lot of these texts were shown to Holmes' jury, but the prosecutor points to new texts too. Balwani told Holmes "I am not leaving until we break even" & "Stay focused. the PR strategy is wrong, we need to go on offense and not be on defense." Yam says they never broke even.

Jeff Coopersmith is up for Balwani on cross. He gets Yam to acknowledge that she never falsified any Theranos financial statements, she reported directly to Elizabeth Holmes and Balwani put in long hours.

Today's testimony in Sunny Balwani fraud trial featured an Emerson quote, Theranos' financial history and Balwani's arguments for why he wasn't in charge of the hemorrhaging cash flow. Here's my recap!

link: https://twitter.com/doratki


'Tomorrow Is A New Day,' Theranos Judge Tells Balwani Atty - Law360

April 5, 2022
Days after their tense exchange, an attorney for former Theranos executive Ramesh "Sunny" Balwani apologized to U.S. District Judge Edward Davila on Tuesday for burdening the court with "more paper" related to admitting certain evidence, prompting the judge to let bygones be bygones with a quote from Ralph Waldo Emerson.

Before trial began Tuesday morning, Judge Davila told Balwani's counsel, Jeffrey Bruce Coopersmith of Orrick Herrington & Sutcliffe LLP, that he noticed the defense team had filed a motion late Monday evening asking him to admit exhibits related to former Theranos lab director Mark Pandori's cross-examination.

The documents at issue came under scrutiny from prosecutors at the end of trial testimony Friday. At the time, Coopersmith told Judge Davila that the defense was prepared to take additional court time to authenticate them, prompting the judge to warn, "Don't threaten me. You're better than that."

On Tuesday, Coopersmith acknowledged the defense had filed a motion and apologized for the additional work for the court. Judge Davila shrugged off the apology.

"No, no, no, no, no," Judge Davila said. "To quote Emerson, 'Finish each day and be done with it. You have done what you could. Some blunders and absurdities no doubt crept in; forget them as soon as you can. Tomorrow is a new day.' So that's what we'll do."

more in article.

BBM. Looks to me like Balwani just nailed his own coffin with these texts.

 

[UndiscoveredTruth]

Thanks heaps for posting the tweets and updates while I was AWOL @Niner and @Seattle1

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
5h

It's another sunny day in San Jose and I'm here for Sunny Balwani's criminal fraud trial. Before trial, the parties fought over excluding docs showing Theranos added logos to pharma reports w/o permission. Balwani's counsel argued (for the 2nd time) that he had no knowledge of it

Dorothy Atkins@doratki
5h

Balwani's atty argued Balwani received the same representations that were given to investors & that its blood tests were "robustly validated" when he joined in 2009. But the judge appeared skeptical: "That’s explanatory. What does that have to do with the admissibility of it?"

Dorothy Atkins@doratki
5h

The judge held off on ruling on the docs. The jury's in the courtroom and former Theranos lab director Mark Pandori is on the stand to wrap his cross exam - this should take about 1.5 hours before our next witness.

Dorothy Atkins@doratki
5h

Balwani's atty Stephen Cazares is examining Pandori, which has been tense. Pandori repeatedly says he doesn't recall or doesn't know if he sent certain emails or when he left Theranos. A prosecutor repeatedly objected and said the witness should be allowed to finish his answers.

Dorothy Atkins@doratki
5h

Balwani's counsel is hammering Pandori on the day in May 2014 he left Theranos and when he had a convo w/ Holmes & Balwani, which led to his resignation.

Cazares: You have a tough time remembering things, yes?

Pandori agrees that he doesn't remember the day and time he left.

Dorothy Atkins@doratki
5h

Cazares is trying to point out that a wk after Pandori says he resigned after telling Theranos execs they should stop using Edison device, he wrote a memo saying Theranos needs to double the no. of Edisons to run 3 assays. But Pandori repeatedly says he doesn't know when he left.

Dorothy Atkins@doratki
5h

Spending a lot of time on this. The attorney points to emails Pandori sent to Balwani in May 2014. He's trying to disprove Pandori's testimony that he quit 5 mins after his meeting w/ Balwani and Holmes. "We would have to get the dates straightened out," Pandori says.

Dorothy Atkins@doratki
5h

Balwani's counsel points to an email that Pandori sent Balwani in Jan 2014 in which Pandori praises the caliber of Theranos' workforce. He recalled in his email that Balwani told him "we will not fail" and Pandori wrote "I have to say, with people like this I have no doubt."

Dorothy Atkins@doratki
4h

Balwani's counsel shows Pandori and email he sent May 20, 2014 to Theranos CLIA lab managers about his recs for the lab, including more Edisons. Pandori agrees he never told them the devices shouldn't be used on patients, but he says he didn't have the authority at that time.

Dorothy Atkins@doratki
4h

Pandori's email recommended doubling the number of Edisons in the CLIA lab to do 3 types of patient blood-tests.

Pandori: "They failed so frequently, we needed more of them."

Attorney: "You're not saying to stop using them, are you?"

Pandori: "Not in this email."

Dorothy Atkins@doratki
4h

Pandori's cross wrapped. Prosecutor John Bostic is up on redirect & begins asking q's on Theranos' Feb 2014 proficiency tests that Pandori ordered. He said he was new and he was concerned the PTs were not done properly. The results raised concerns about the devices' accuracy.

 

[UndiscoveredTruth]

Dorothy Atkins@doratki
4h

Pandori says "I thought this [tech] could be something more mature in assisting the public’s health and it was far from that." After he met w/ Holmes and Balwani and resigned, Balwani told a security guard named Edgar to walk him out of the building to his car and search it.

Dorothy Atkins@doratki
4h

Pandori says the security guard walked him to his car and he told him, "You don’t have to search my car, Edgar.' And he said, 'You're right, I don’t have to search your car.'" And then he left Theranos.

Dorothy Atkins@doratki
4h

Pandori said he didn't mention his belief that Edisons shouldn't be used on patients in his transition memo b/c he already told Balwani and Adam Rosendorff. "I didn’t have the authority to make that decision. Asking repeatedly would be akin to hitting my head against the wall."

Dorothy Atkins@doratki
4h

Over multiple objections, Pandori says Sunny Balwani and Elizabeth Holmes didn't give him the authority he needed as a lab director to do his job. Many jurors were taking notes during this portion of redirect, which just wrapped. On a break now.

Dorothy Atkins@doratki
3h

We're back. The parties finished with Pondori's exam. The government calls the next witness: Constance Cullen, a former Schering-Plough Corp. scientist, who also testified in Holmes' trial. ICYMI here's my coverage of her testimony in that trial:

Ex-Cravath Atty Introduced Rich Clients To Holmes, Jury Told - Law360


Dorothy Atkins@doratki
3h

Cullen says she first heard about Theranos from her boss who heard it from exec Jim McLeod. She spoke to Elizabeth Holmes in 2009 about using Theranos' devices to validate some blood-tests. If validated, the co. would use the devices on patients in clinical trial drug studies.

Dorothy Atkins@doratki
2h

Cullen says Schering-Plough entered a contract w/ Theranos worth $279k and the validation study would only take place over 5 days. During a May '09 due diligence meeting, Holmes wouldn't disclose key details about the testing devices. She doesn't recall if Balwani attended.

Dorothy Atkins@doratki
2h

Cullen says: "It’s incumbent on us to have a good understanding of how the instruments work...We were not able to get that understanding from Ms. Holmes. At each attempt to ask other individuals Ms. Holmes interjected a response on their behalf."

Dorothy Atkins@doratki
2h

In June '09, Cullen asked for the data, b/c "we considered it an outstanding item, we had paid for the work & we wanted closure." After receiving it, a Theranos worker asked Cullen in Dec if she would discuss the tech further, but she said they were swamped w/ a merger.

Dorothy Atkins@doratki
2h

Cullen says Shering-Plough never had further discussions with Theranos after December 2009 in light of the due diligence issues: "We weren’t interested in pursuing the technology and there was a lot of other work that was a higher priority."

Dorothy Atkins@doratki
2h

Prosecutor Jeff Schenk shows the jury the now-infamous email that Holmes sent to Walgreens execs in 2010 with attached validation reports, including a report w/ Schering-Plough logos. Over multiple objections, Cullen says Theranos didn't ask permission to use Shering-Plough logos

Dorothy Atkins@doratki
2h

Cullen's direct wrapped w/ her saying Shering-Plough never validated Theranos' tech. On cross, Balwani's counsel Amy Walsh gets Cullen to acknowledge she never spoke to Balwani and doesn't remember ever meeting him.

Dorothy Atkins@doratki
2h

Balwani's atty points out there were scientists w/ Phds from both Theranos and Schering Plough during the due diligence meeting. "This was really a meeting among the scientists b/w Theranos and Shering-Plough" Cullen agrees and acknowledges she never said she had unanswered q's.

Dorothy Atkins@doratki
2h

Balwani's atty points to a March 2010 email in which Holmes congratulated Cullen on a promotion. Cullen thanked her and said she "asked a scientist from my group" to reach out to discuss the specifics of the validation. On redirect, she says they never validated Theranos' tech.

Dorothy Atkins@doratki
2h

Next witness up is ex-Theranos product manager Daniel Edlin, who also testified in Elizabeth Holmes' trial. ICYMI, here's my recap of that testimony.

Holmes OK'd Testing Claims Over Atty's Concerns, Jury Told - Law360

 

[UndiscoveredTruth]

Judge Edward Davila -- putting a face with a name....

At Elizabeth Holmes Trial, Judge Edward Davila Takes Middle Path in His Rulings

It's great when you can actually put a face to a name, so thanks for that @Seattle1

 

[Niner]

Next court date is April 12th.

 

[Niner]

Docket update:

Tuesday, Apr 12 2022
08:30AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Motion to Exclude

09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial


link: CALENDAR

 

[Niner]

Looks like only a Status hearing today!

Tuesday, Apr 12 2022
10:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
AUSA: Jeffrey Schenk / DEFT: Jeffrey Coopersmith
Status Hearing


Wednesday, Apr 13 2022
08:30AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Motion Hearing

09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial

link: CALENDAR

 

[Niner]

Tuesday, April 12th:
*Status Hearing (@ 10am PT) - CA – *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. 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 & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury: 12 jurors (6 women & 6 men) & 6 alternates (2 women & 4 men). 3/21/22: Jury #1 sick, alternate moves to jury. 12 jurors (6 women & 6 men) & 5 alternates (2 women & 3 men). Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: 4/12 only status hearing, 4/13, 4/15, 4/19, 4/20, 4/22, 4/26, 4/27, 5/3, 5/4, 5/10, 5/11, 5/13, 5/17, 5/18 & 5/20.
Indictment & court info from 4/11/20 thru 3/8/22 & Jury selection (Day 1-4) 3/9/22 to 3/15/22 & 3/16 to 3/21/22 & Trial Days 1-2 (3/22 to 3/23/22) & hearing on 3/29/22 & Trial Days 3-5 (3/30 to 4/5/22) reference post #85 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
4/5/22 Tuesday, Trial Day 6: Before trial, the parties fought over excluding docs showing Theranos added logos to pharma reports without permission. Balwani's counsel argued (for the 2nd time) that he had no knowledge of it. The judge held off on ruling on the docs.
Government witnesses: Former Theranos Lab director Mark Pandori’s on cross examination. Defense attorney Stephen Cazares on cross.
for more info see post #90 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
Prosecutor John Bostic is up on redirect.
for more info see posts #90 & 91 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
Constance Cullen, a former Schering-Plough Corp. scientist, who also testified in Holmes' trial. Prosecutor Jeff Schenk on direct. Defense attorney Amy Walsh on cross.
for more info see post #91 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
Ex-Theranos product manager Daniel Edlin, who also testified in Elizabeth Holmes' trial.
for more info see posts #91 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
A status hearing on 4/12/22. Motion hearing on 4/13/22 @ 8:30am & trial continues @ 9am.
*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.

 

[Niner]

Wednesday, April 13th:
*Motions Hearing (@ 8:30am PT) & *Trial continues (Day 7) (@ 9am PT) - CA – *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. 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 & a fine of $2.75 million, plus restitution, & $250K for each individual count of wire fraud & conspiracy. Plead Not guilty.
Defrauding investors out of $700 million in funding for their blood-testing startup Theranos.
Trial began on 3/22/22. Jury: 12 jurors (6 women & 6 men) & 6 alternates (2 women & 4 men). 3/21/22: Jury #1 sick, alternate moves to jury. 12 jurors (6 women & 6 men) & 5 alternates (2 women & 3 men). Trial Court will be in session on Tuesdays, Wednesdays & Fridays (from 9-3), but the jury may be asked to come in on some Mondays & Thursdays as well. Trial dates so far: 4/13 with motions hearing @ 8:30am, 4/15, 4/19, 4/20, 4/22, 4/26, 4/27, 5/3, 5/4, 5/10, 5/11, 5/13, 5/17, 5/18 & 5/20.
Indictment & court info from 4/11/20 thru 3/8/22 & Jury selection (Day 1-4) 3/9/22 to 3/15/22 & 3/16 to 3/21/22 & Trial Days 1-2 (3/22 to 3/23/22) & hearing on 3/29/22 & Trial Days 3-6 (3/30 to 4/5/22) reference post #96 here:
CA - Ramesh “Sunny” Balwani, 56, (Theranos), wire fraud charges
4/12/22 Wednesday: Status hearing, no info yet. Motions hearing on 4/13/22 @ 8:30am & trial will continue @ 9am.
*Elizabeth A. Holmes (34/now 37) (CEO of Theranos) – Trial began on 9/8/21 & ended 1/3/22 with a verdict of guilty on 4 counts of 11. Next sentencing hearing on 9/26/22.

 

[Niner]

Oops - too late to change my mistake above. 4/12/22 should read "Tuesday" not Wednesday...

 

[Niner]

Docket update!

Friday, Apr 15 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial


Tuesday, Apr 19 2022
08:30AM - ADDED!
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Motion for Miscellaneous Relief

09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial

and rest are the same.

link: CALENDAR

 

[Niner]

and this is all I can find for April 13th trial.

from 4/8 - this is who is on the stand on 4/13.
Next witness up is ex-Theranos product manager Daniel Edlin, who also testified in Elizabeth Holmes' trial. ICYMI, here's my recap of that testimony.

from 4/13:

Dorothy Atkins
@doratki

Good morning from San Jose! I'm in Judge Ed Davila's courtroom for another day of Sunny Balwani's criminal fraud trial. Before calling in the jury, the judge denied Balwani's bid to bar evidence that he and Elizabeth Holmes allegedly lied about Theranos' deals w/ the US military.
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13h
Over some more objections, prosecutor John Bostic asks how much biz experience Holmes had at the time of the texts. Edlin says her biz experience was limited to Theranos, but Balwani "had had a very successful career."

Over multiple objections by Balwani's counsel, prosecutor asks how old Elizabeth Holmes was at the time of the texts. He says about 30 years old and Balwani ~48.

Edlin's direct exam wrapped with Edlin saying he decided to quit Theranos about a year after WSJ articles came out in 2016 b/c he had reached the conclusion that Theranos' tech couldn't do what the co. claimed it could do.

Amy Walsh is up for Balwani on cross. Her qs focus on his lack of expertise in the sciences and Theranos' IP. She also gets Edlin to acknowledge that Balwani also didn't have a degree in biosciences and that that expertise was Holmes' arena at Theranos.

link: https://twitter.com/doratki