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

[Niner]

Tuesday, May 10th:
*Trial continues (Day 16) (@ 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.
SEC 5:18-cv-01603 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. 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: 5/10, 5/11 & Motion to Compel hearing @ 8:30am, 5/13, 5/17, 5/18, 5/19-Motions hearing, 5/20, 5/27, 6/7, 6/8, 6/10, 6/14, 6/15, 6/17/22.
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 & 4/12/22 & Trial Days 3-13 (3/30 to 4/27/22) reference post #149 here:
https://www.websleuths.com/forums/t...-56-theranos-wire-fraud-charges.614821/page-8
5/4/22 Wednesday, Trial Day 15: Government witnesses: No info available.
Trial continues on Tuesday, 5/10/22 @ 9am. Motion to unseal documents on 5/19/22 @ 3pm.
*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 May 10, Tuesday.


Dorothy Atkins
@doratki
·
15h
Hi from San Jose! It's another Groundhog Day of hell in Sunny Balwani's criminal trial & I'm here for it. Last week, my colleague @bonnieeslinger
covered 2 trial days - an ex-Pfizer scientist & ex Walgreens exec testified. Both testified in Holmes' trial.


CMS inspector Sarah Bennett is on the stand, currently under cross examination. Bennett and Gary Yamamoto inspected Theranos' lab in the fall of 2015* and found multiple lab violations. Neither inspector testified in Holmes' trial.


Balwani's counsel is walking through the CMS report notifying Theranos of its deficiencies. Confusingly, most of what the defense attorney is highlighting in the report seems to be not particularly helpful for the defense.


Balwani's counsel tries to get Bennett to acknowledge she never reviewed Theranos' fingerstick lab, but she replies, "I may have reviewed some of the quality control data and performance specifications."


Bennett explains Theranos' lab deficiencies: "If it’s not documented, it’s not done. In order to be able to support what is done, they have to be able to provide this documentation and they did not."


Defense counsel points to CMS' finding that Theranos' quality control tests and evaluations weren't done in a timely manner. Bennett explains, "If they don’t review it in a timely manner, the quality control is really not effective."


Balwani's counsel finishes cross asking if Bennett has any evidence that Balwani was aware of Theranos' non-compliance before the CMS' lab deficiency findings. She says no.


Prosecutor Robert Leach asks Bennett on redirect if she typically asks COOs if they know about various lab conditions during CMS inspections, or if she asked for Balwani and Holmes' text messages. She says that's not something CMS investigators do during lab inspections.


Prosecutor: "Do you normally interview chief operating officers [during CMS lab inspections]?

Bennett: "Not normally... We told Mr. Balwani everyday what deficiencies we found."


Bennett says she was surprised to learn in Nov 2015 that Theranos had not notified physicians of deficiencies that CMS identified in Sept 2015 for its INR blood tests. She said she thought patients should have been notified right away.


Trial took a 30 min break, and the attorneys are arguing over the gov't asking Bennett questions about how Theranos' lab deficiencies impacted patients. Balwani's counsel points out that Bennett didn't analyze patient results, and so the topic should be off limits.



Judge Ed Davila overrules the objection and allows prosecutors to continue to ask Bennett about how Theranos' lab deficiencies could impact patients. "I’ll allow you to continue to examine that."


Balwani's counsel also wants the judge to exclude an email Christian Holmes sent Balwani and Elizabeth Holmes during ex-Cravath partner Dan Mosley's examination. Sounds like Mosley is the next witness to testify.


The judge overruled the objection and allowed the email in. He notes that any evidence presented by the government during trial is usually prejudicial to the defendant, but "the question is unfair prejudice," and the email isn't unfairly prejudicial.


Court started late today, took a 30 min break after less than 2 hours of testimony, and then spent 30 mins arguing over evidence followed by another 15 min break.Mosley's direct exam so far is almost the same as his testimony in Holmes' trial. He recalls that he learned about Theranos and Elizabeth Holmes through his client Henry Kissinger, and he considered personally investing after a call with her and receiving a packet.


Bennett is back on the stand. Over objections, she testifies on redirect that Theranos told her that its laboratory had concluded that there was "possible patient impact" for every test that recorded a certain blood test. Defense is up now for some more cross.


On re-cross, Bennett says she did not determine patient impact of Theranos' lab deficiencies during the CMS inspection. Her exam wrapped. Ex-Cravath trusts & estates partner Dan Mosley is up next. He testified in Holmes' trial. Here's my recap of that.


Mosley's direct exam so far is almost the same as his testimony in Holmes' trial. He recalls that he learned about Theranos and Elizabeth Holmes through his client Henry Kissinger, and he considered personally investing after a call with her and receiving a packet.


Mosley says he also introduced his clients to Elizabeth Holmes about potentially investing in Theranos. "Some of them met her through me, but that was the extent of my role." (He hasn't yet mentioned that he prepared a "memo" for his clients on Theranos and gave it to them too)



link: https://twitter.com/doratki/status/1524062566590205952

 

[Niner]

Wednesday, May 11th:
*Motions Hearing (@ 8:30am PET) & *Trial continues (Day 17) (@ 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.
SEC 5:18-cv-01603 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. 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: 5/11 & Motion to Compel hearing @ 8:30am, 5/13, 5/17, 5/18, 5/19-Motions hearing, 5/20, 5/27, 6/7, 6/8, 6/10, 6/14, 6/15, 6/17/22.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15 (5/4/22) reference post #161 here:
https://www.websleuths.com/forums/t...-56-theranos-wire-fraud-charges.614821/page-9
5/10/22 Tuesday, Trial Day 16: Government witnesses: CMS inspector Sarah Bennett. Ex-Cravath trusts & estates partner Dan Mosley.
For more info see post #162 here:
https://www.websleuths.com/forums/...-56-theranos-wire-fraud-charges.614821/page-9
Motion to Compel hearing @ 8:30am & trial continues on 5/11/22 @ 9am. Motion to unseal documents on 5/19/22 @ 3pm.
*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.

 

[UndiscoveredTruth]

Thank you for the tweets and court info @Niner

You are amazing at keeping us all informed..I've been feeling a tad under the weather of late, nothing serious but lost track somewhat. I'll check-in on DA's twitter account tomorrow and if she's tweeted I'll share accordingly. Thanks again! (Where are the smilies?)

 

[Niner]

Thank you for the tweets and court info @Niner

You are amazing at keeping us all informed..I've been feeling a tad under the weather of late, nothing serious but lost track somewhat. I'll check-in on DA's twitter account tomorrow and if she's tweeted I'll share accordingly. Thanks again! (Where are the smilies?)

Hope you are feeling better!!

They are under the 2nd 3-dots thing - not that many.... and my "other" smilies I can't get them work now.

Any tweets for yesterday, 5/11?

 

[UndiscoveredTruth]

Hope you are feeling better!!

They are under the 2nd 3-dots thing - not that many.... and my "other" smilies I can't get them work now.

Any tweets for yesterday, 5/11?

Good morning. Feeling much better today thanks Niner. I've not long woken and need my coffee before check-in with DA lol. Hope a decent amount of tweets greet me

(I'm using my phone to comment and my usual smilies that appear when I text message are all showing but not sure if they'll work lol. I'll find out once I hit send. I use my PC to post the tweets as it's easier. ).

ETA:. phone smilies didn't work. (Have to type the actual characters).

ETA 2nd time: It looks like you covered all the tweets for yesterday 5/11. Well done on remembering to hit the "Show More" tab Will get onto posting the tweets for today 5/12 (13/5 with me )

 

[UndiscoveredTruth]

Dorothy Atkins
@doratki

May 12

Good morning from San Jose! I'm in Judge Ed Davila's courtroom, where Sunny Balwani's counsel and prosecutors have been arguing over Balwani's request for discovery into the missing Theranos LIS database. A prosecutor just mentioned they plan to rest next week (!).

Dorothy Atkins
@doratki

May 12

The prosecutor says a witness they planned to call Friday tested positive this morning for COVID-19, so the gov't needs to shuffle its witness order, but the hope is to rest the gov't case-in-chief against Balwani by the end of next week.

Dorothy Atkins
@doratki

May 12

After over 30 mins of arguments, the judge hasn't decided whether he's going to allow discovery, but he may look at prosecutors' emails in camera before deciding. He notes that if he allows it, it may make the defense's case and trial longer.

Dorothy Atkins
@doratki

May 12

Ex-Cravath partner Dan Mosley is back on the stand under cross now. Balwani's counsel has been pointing to a memo Mosley prepared for Henry Kissinger in Dec 2014 that called Theranos' deal with Walgreens 'brilliant,' but it would be 'helpful' to get more details on the deal.

Dorothy Atkins
@doratki

May 12

Mosley admits he introduced his wealthy clients - who together invested more than $375M in Theranos - to Elizabeth Holmes, but he says he did not "encourage" them to invest.

Dorothy Atkins
@doratki

May 12

Lol wow. After repeatedly saying he "did not" encourage his clients to invest in Theranos, Balwani's counsel points to his Oct 2014 email in which he wrote he trusted Holmes and if he didn't he wouldn't be "recommending" clients invest.

Dorothy Atkins
@doratki

May 12

Balwani's counsel notes that Mosley took an oath to tell the truth, and points out that although he testified on the stand yesterday that he was told Theranos could do all the tests, he testified tin a prior deposition that he was told it could not do all the tests.

Dorothy Atkins
@doratki

May 12

With that, Mosley's cross wrapped. (And it seems like this guy is in denial about his role in this whole thing.) Prosecutor Jeff Schenk is up, asking Mosley if his meetings w/ Holmes and Balwani contributed to his decision to invest. "Yes, absolutely"

Dorothy Atkins
@doratki

May 12

Mosley's exam ends w/ him again saying that he didn't encourage clients to invest in Theranos. "Obviously it wasn’t a good use of words"... "clearly I was discussing it with them.. But I'm a lawyer. I’m not an investment advisor and I would not recommend an investment."

Dorothy Atkins
@doratki

May 12

Oh boy, up next is investor Alan Eisenman, who is a problematic witness to say the least. Here's my coverage of his testimony in Holmes' trial.

Theranos Investor Emailed Prosecutors During Trial, Jury Told - Law360

Ex-Theranos CEO Elizabeth Holmes' counsel questioned a retired money manager during her criminal fraud trial Monday about his sending Holmes emails she said were "harassing," and noted that he repeatedly emailed prosecutors about the case during a trial break despite admonishment by the court...

t.co

Dorothy Atkins
@doratki

May 12

Eisenman's direct is similar to his Holmes' trial direct, so I won't live tweet it, but he says he was told Theranos would generate $200M in revenues annually and Theranos' tests "were flawless - like a 747 taking off." (More like a 737.)

Dorothy Atkins
@doratki

May 12

One note - a jury convicted Elizabeth Holmes on some investor fraud charges, but jurors were notably hung on charges that Holmes defrauded Alan Eisenman and two other investors who testified against her.

 

[Seattle1]

While we wait -- select news from WSJ about Balwani and the trial:

Former Theranos President Ramesh ‘Sunny’ Balwani Begins His Defense

Balwani’s lawyers say he wasn’t in charge of startup, and prosecutors who won conviction of founder Elizabeth Holmes reprise their case against her former second-in-command.

www.wsj.com

 

[Niner]

Update on docket - the entire schedule (so far)


Friday, May 13 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Jury Trial

01:30PM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Motion to Exclude


Tuesday, May 17 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial


Wednesday, May 18 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial


Thursday, May 19 2022
03:00PM
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
Motion to Unseal Documents


Friday, May 20 2022
09:00AM
5:18-cr-00258-EJD - USA v. Ramesh Balwani
Jury Trial


Friday, May 27 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh "Sunny" Balwani
Jury Trial


Tuesday, Jun 7 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh "Sunny" Balwani
Jury Trial


Wednesday, Jun 8 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh "Sunny" Balwani
Jury Trial


Friday, Jun 10 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh "Sunny" Balwani
Jury Trial


Tuesday, Jun 14 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh "Sunny" Balwani
Jury Trial


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


Friday, Jun 17 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh "Sunny" Balwani
Jury Trial


Tuesday, Jun 21 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh "Sunny" Balwani
Jury Trial


Wednesday, Jun 22 2022
09:00AM
5:18-cr-00258-EJD-2 - USA v. Ramesh "Sunny" Balwani
Jury Trial


link: CALENDAR

 

[Niner]

@UndiscoveredTruth - here I was getting confused as you had the date May 12th on the tweets - forgot you are almost a day ahead - so those tweets should actually be May 11th...

 

[Niner]

Friday, May 13th:
*Trial continues (Day 18) (@ 9am PT) & Motion to Exclude (@ 1:30pm 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.
SEC 5:18-cv-01603 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. 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: 5/13 & @ 1:30pm Motion to exclude, 5/17, 5/18, 5/19-Motions hearing only, 5/20, 5/27, 6/7, 6/8, 6/10, 6/14, 6/15, 6/17, 6/21, 6/22/22.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-16 (5/4 & 5/10/22) reference post #163 here:
https://www.websleuths.com/forums/t...-56-theranos-wire-fraud-charges.614821/page-9
5/11/22 Wednesday, Trial Day 17: Government witnesses: Ex-Cravath trusts & estates partner Dan Mosley under cross exam. Investor Alan Eisenman.
For more info see post #167 here:
https://www.websleuths.com/forums/...-56-theranos-wire-fraud-charges.614821/page-9
Trial continues on Friday, 5/13/22 @ 9am & Motion to exclude @ 1:30pm. Trial Day 19 continues on Tuesday, 5/17/22.
*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.

 

[UndiscoveredTruth]

Dorothy Atkins
@doratki

5h

I'm in San Jose for another day of Sunny Balwani's criminal fraud trial. Theranos investor and Black Diamond Ventures founder Chris Lucas is on the stand. His firm invested $2M in 2006 and $5.4M in 2013. (Holmes' jury hung on charges she defrauded him)

Holmes Cited Walgreens Deal In Rushing Investors, Jury Told - Law360

A Black Diamond Venture executive testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Thursday that Holmes gave him less than a month in late 2013 to decide whether to invest $5.4 million in the blood-testing company, telling investors the compressed timeline was to accommodate a...

t.co

Dorothy Atkins
@doratki

5h


Lucas says Holmes "was very guarded with how much information she provided" and the "financial information in particular was very minimal." Theranos' level of secrecy was also out of the ordinary compared to other startups, he says. The jurors are taking many notes.

Dorothy Atkins
@doratki

4h

Lucas said in 2013 his firm invested millions into Theranos, despite not have info he typically would have, b/c of the Walgreens deal and “my relationship with Elizabeth. I believe she was earnest, truthful with what she wanted to accomplish."

Dorothy Atkins
@doratki

4h

Lucas said he doesn't recall ever meeting or speaking to Sunny Balwani, and Elizabeth Holmes never talked about him. A prosecutor points to an email chain in which Balwani and Lucas were both on, but Lucas says he still doesn't remember him.

Dorothy Atkins
@doratki

3h

On cross now, Lucas says he knew that Holmes and Balwani were dating before his 2013 investment, and that Balwani had successfully sold his previous company before joining Theranos.

Dorothy Atkins
@doratki

2h

Balwani's counsel is reading provisions in Lucas firm's contract with Theranos that state the investment is highly speculative and contain risks. Lucas agreed that tremendous rewards also come with taking significant risks, but he notes Walgreens' deal took some risk out.

Dorothy Atkins
@doratki

2h

Balwani's counsel has pointed out various terms of the Theranos' $100M+ deal w/ Walgreens, which gave Walgreens the option to be partially reimbursed in equity. (It's unclear to me how that helps his defense.) And the atty is now reading a patient's glowing review of Theranos.

 

[Niner]

@UndiscoveredTruth - I went to see if there were more tweets for the day - nope! Must have been more people on the stand... Guess we wait & see if she posts more over the weekend.
Thanks for tweets!

 

[UndiscoveredTruth]

@UndiscoveredTruth - I went to see if there were more tweets for the day - nope! Must have been more people on the stand... Guess we wait & see if she posts more over the weekend.
Thanks for tweets!

Hi Niner. You're most welcome.

Yeah, I had been checking back throughout the day to see if DA had tweeted anything else but like you discovered there was nothing more to share. Yep, I'll keep an eye out over the weekend too.

 

[UndiscoveredTruth]

While we wait -- select news from WSJ about Balwani and the trial:

Former Theranos President Ramesh ‘Sunny’ Balwani Begins His Defense

Balwani’s lawyers say he wasn’t in charge of startup, and prosecutors who won conviction of founder Elizabeth Holmes reprise their case against her former second-in-command.

www.wsj.com

Thanks for posting @Seattle1

 

[Niner]

Tuesday, May 17th:
*Trial continues (Day 19) (@ 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.
SEC 5:18-cv-01603 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. 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: 5/17, 5/18, 5/19-Motions hearing only (to unseal docs @ 3pm), 5/20, 5/27, 6/7, 6/8, 6/10, 6/14, 6/15, 6/17, 6/21, 6/22, 6/24/22.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-17 (5/4 & 5/11/22) reference post #171 here:
https://www.websleuths.com/forums/t...-56-theranos-wire-fraud-charges.614821/page-9
5/13/22 Friday, Trial Day 18: Government witnesses: Theranos investor & Black Diamond Ventures founder Chris Lucas. His firm invested $2M in 2006 & $5.4M in 2013. That’s all the info available.
For more info see post #172 here:
https://www.websleuths.com/forums/...-56-theranos-wire-fraud-charges.614821/page-9
Trial Day 19 continues on Tuesday, 5/17/22.
*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.

 

[UndiscoveredTruth]

Dorothy Atkins
@doratki

4h

Good morning from San Jose! I'm here waiting for Sunny Balwani's criminal fraud trial to start. Prosecutors said they plan to rest their case in chief this week. It's unclear who they have left to call to the stand. Standby to find out!

Dorothy Atkins
@doratki

4h



The judge is on the bench. He tells the jury that a juror is "ill" and couldn't come to court today, so trial is adjourning for the day and trial will resume tomorrow.

Dorothy Atkins
@doratki

4h

The jury was excused for the day. The attorneys are now arguing over some evidentiary stuff. Balwani's counsel wants to show a Theranos patient testifying tmr the CDC's guidelines for HIV testing so the jury can be "one step closer to understanding the results."

Dorothy Atkins
@doratki

4h

Prosecutors argue that the CDC document is technical and won't help jurors understand the patient's Theranos test results, but the judge says he's going to allow it in.

Dorothy Atkins
@doratki

4h

Balwani's counsel also wants the Theranos patient's 2021 negative HIV test results excluded from trial. He says the 2021 test was a mouth swab test and isn't an 'apples to apples' comparison to Theranos' venous draw HIV test.

Dorothy Atkins
@doratki

4h

Prosecutor John Bostic argues that there haven't been any analyses of different methods of testing but the point is that the tests test for the same thing - HIV - and the Theranos patient came back negative. He adds Balwani's objection goes to weight and not admissibility.

Dorothy Atkins
@doratki

4h

Balwani's counsel also wants to bar the gov't from asking the patient if she had any reason to believe she would have HIV. (During Holmes' trial, she was asked the q and said 'no.') "I don’t want to get into cross examination her private life or her partners," he says.

Dorothy Atkins
@doratki

4h

Prosecutor Bostic points out the q was whether the patient had any reason to believe she had HIV antibodies when she saw the positive Theranos HIV result (she said no). He adds "I’m somewhat disturbed that we’re discussing [the topic]."

Dorothy Atkins
@doratki

4h

Judge Davila says the gov't can ask the patient the q but any follow up by the defense would be "thin ice." He's also allowing the gov't to admit the 2021 cheek swab HIV test results.

Dorothy Atkins
@doratki

4h

Judge Davila wraps the session noting we lost a trial day and (behind closed doors) this am prosecutors wanted to excuse the sick juror, since there are still 3-4 alternates. But the defense wanted to go dark today. The judge sided w/ the defense (omg this trial will never end.)

 

[Niner]

Docket update - added another motions hearing.

Friday, May 20 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]

Wednesday, May 18th:
*Trial continues (Day 19) (@ 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.
SEC 5:18-cv-01603 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. 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: 5/18, 5/19-Motions hearing only (to unseal docs @ 3pm), 5/20 & motions (to exclude) hearing (@ 8:30am), 5/27, 6/7, 6/8, 6/10, 6/14, 6/15, 6/17, 6/21, 6/22, 6/24, 6/28/22.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-18 (5/4 & 5/13/22) reference post #171 here:
https://www.websleuths.com/forums/t...-56-theranos-wire-fraud-charges.614821/page-9
5/17/22 Tuesday, Trial: The judge is on the bench. He tells the jury that a juror is "ill" & couldn't come to court today, so trial is adjourning for the day & trial will resume tomorrow, 5/18/22.
Prosecutors argue that the CDC document is technical and won't help jurors understand the patient's Theranos test results, but the judge says he's going to allow it in.
for more info see post #177 here:
https://www.websleuths.com/forums/...-56-theranos-wire-fraud-charges.614821/page-9
Trial continues on Wednesday, 5/18/22.
*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]

Well - I see Dorothy gave up tweeting about the trial yesterday.... so no info on "what" happened.

Thursday, May 19th:
*Trial continues-(no jurors) with just Motions Hearing (@ 3pm 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.
SEC 5:18-cv-01603 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. 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: 5/19-Motions hearing only (to unseal docs @ 3pm), 5/20 & motions (to exclude) hearing (@ 8:30am), 5/27, 6/7, 6/8, 6/10, 6/14, 6/15, 6/17, 6/21, 6/22, 6/24, 6/28, 6/29/22.
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 & 4/12/22 & Trial Days 3-14 (3/30 to 4/29/22) & 5/3/22 & Trial Days 15-18 (5/4 & 5/13/22) & 5/17/22 (no jurors) reference post #179 here:
https://www.websleuths.com/forums/t...-56-theranos-wire-fraud-charges.614821/page-9
5/18/22 Wednesday, Trial Day 19: Government witnesses: No info available.
Trial continues on Thursday, 5/19/22 with NO jurors. Motion hearing @ 3pm to unseal documents. Trial (Day 20) with jurors will continue on Friday, 5/20/22 @ 9am, with a motions hearing (re to exclude) @ 8:30am.
*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.