Tag Archives: Theranos

Theranos fraudster Elizabeth Holmes cries during first prison visit with husband, parents – New York Post

  1. Theranos fraudster Elizabeth Holmes cries during first prison visit with husband, parents New York Post
  2. Elizabeth Holmes cries through first prison visit with husband, parents: report The Mercury News
  3. Elizabeth Holmes reunited with family after 5 days in prison: report Business Insider
  4. Elizabeth Holmes reunited with her husband and parents in a Texas prison yard on visiting day, just 5 days after she went in: report Yahoo News
  5. Elizabeth Holmes spotted after entering Texas prison yard following conviction Fox Business
  6. View Full Coverage on Google News

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Elizabeth Holmes ordered dinners for Theranos staff but made sure they weren’t delivered until after 8 p.m. so they worked late: book – Yahoo Finance

  1. Elizabeth Holmes ordered dinners for Theranos staff but made sure they weren’t delivered until after 8 p.m. so they worked late: book Yahoo Finance
  2. Maybe Elizabeth Holmes could join Jen Shah’s popular abs class in Texas prison The Mercury News
  3. Elizabeth Holmes profile allegedly caused turmoil at New York Times SFGATE
  4. What it was like to work closely with Elizabeth Holmes at Theranos Business Insider
  5. Male guards at Elizabeth Holmes’ womens’-only prison conducted ‘shower checks,’ ex-prisoner shockingly claims New York Post
  6. View Full Coverage on Google News

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Theranos’ Elizabeth Holmes Loses Bid to Stay Out of Prison – NBC Bay Area

  1. Theranos’ Elizabeth Holmes Loses Bid to Stay Out of Prison NBC Bay Area
  2. Theranos founder Elizabeth Holmes is set to go to prison later this month — here’s what we know about her partner, Billy Evans, who was a fixture of her months-long trial Business Insider Africa
  3. Elizabeth Holmes ordered to begin 11-year prison sentence later this month NEWS CENTER Maine
  4. Elizabeth Holmes will have to wait out her appeal in prison Crain’s Chicago Business
  5. Disgraced Theranos CEO Elizabeth Holmes Loses Bid To Stay Out Of Prison During Appeal News On 6/KOTV
  6. View Full Coverage on Google News

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Theranos Ex-Operating Chief Sunny Balwani Sentenced to Nearly 13 Years in Prison

SAN JOSE, Calif.—Theranos Inc.’s former No. 2 executive, Ramesh “Sunny” Balwani, was sentenced to nearly 13 years in prison for his involvement in an elaborate fraud scheme at the blood-testing company, capping a yearslong saga that became synonymous with the worst of Silicon Valley culture.

Mr. Balwani’s sentencing comes more than four years after the collapse of Theranos, which promised to revolutionize healthcare but peddled faulty technology to patients and investors, along the way delivering inaccurate health results and squandering hundreds of millions of dollars. Mr. Balwani helped lead the deception as Theranos’s president and chief operating officer, and along with his longtime romantic partner, he became the focus of one of the highest-profile white-collar cases in recent years.

Theranos founder and former chief executive

Elizabeth Holmes,

Mr. Balwani’s ex-girlfriend, was sentenced last month to 11¼ years for four counts of criminal fraud tied to her now-defunct blood-testing startup. The result is an unusual white-collar criminal punishment for Mr. Balwani: being sentenced to a longer prison term than his former boss, who was at the center of the fraud at her company.

Photos: The Testimony of Elizabeth Holmes

Mr. Balwani declined to make a statement when invited to before his sentencing. He also didn’t testify during his trial. That differed from Ms. Holmes, who testified on her own behalf and issued a tearful apology to the judge about the harm she had caused.

The Balwani sentence marks the final chapter in a corporate scandal that erupted more than seven years ago following a series of Wall Street Journal articles that called into question Theranos’s claims about its blood-testing technology.

The reporting triggered criminal and civil investigations into the company and led to the 2018 indictments of Ms. Holmes and Mr. Balwani on fraud and conspiracy charges. The scandal entered popular American culture, led to a bestselling book, an award-winning Hulu series and a planned movie, in addition to multiple university case studies on corporate fraud.

The once-highflying Theranos now stands as a cautionary signal to Silicon Valley about the criminal risks of misleading investors and consumers about new technology. The sentencing of the top two Theranos executives delivers a remarkable indictment of corporate leaders lying and obfuscating in pursuit of technological and financial success.

“The evidence shows he knew about the fraud,” U.S. District Judge

Edward Davila

said ahead of reading the sentence. He called the crime at Theranos “a true flight from honest business practices.”

Judge Edward Davila declined to find that Sunny Balwani recklessly put patients at risk of death or serious bodily injury.



Photo:

VICKI BEHRINGER/REUTERS

Government prosecutors had requested a 15-year sentence for Mr. Balwani. A report from a probation officer, who provides an objective recommendation for the judge’s consideration, suggested a nine-year sentence. The probation officer found that Mr. Balwani’s crimes fall into the most serious offense category specified by U.S. sentencing guidelines, which carries the possibility of a life prison term. 

“Mr. Balwani came to work day after day and made misrepresentations,” said Assistant U.S. Attorney Jeffrey Schenk. “Investors believed they were investing in a different company.”

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Mr. Balwani, 57 years old, was convicted in July of seven counts of wire fraud and conspiracy against investors in Theranos, and five counts of wire fraud and conspiracy against patients who used Theranos blood tests. His trial showed that Theranos’s blood-testing devices were unreliable and often produced inaccurate results about serious health conditions and that Mr. Balwani and Ms. Holmes lied about the company’s technology, finances and business prospects.

Following his sentencing, Mr. Balwani briefly spoke quietly with members of his family, who had appeared in court to support him.

“We respectfully disagree with the outcome,” said defense attorney Jeffrey Coopersmith. “We are disappointed with the result and we plan to appeal.” Government prosecutors declined to comment.

Sunny Balwani has unresolved civil fraud charges pending against him from the Securities and Exchange Commission.



Photo:

Jason Henry for The Wall Street Journal

Theranos’s victims, Judge Davila said, include venture-capital firms Lucas Venture Group and Peer Venture Partners, and individual investors including

Pat Mendenhall

of U.S. Capital Advisors LLC;

Richard Kovacevich,

the ex-CEO of

Wells Fargo

& Co.; and

Rupert Murdoch.

Mr. Murdoch, who invested $125 million in Theranos, is the executive chairman of

News Corp,

which owns the Journal.

“We all screwed up,” said Mr. Mendenhall, an early Theranos investor who testified against Mr. Balwani. “I will never, ever invest in any company again without audited financials.”

Mr. Murdoch declined to comment Wednesday. After Ms. Holmes’s sentencing, he said he blamed only himself for falling for her fraud. Mr. Kovacevich declined to comment.

Judge Davila declined to find that Mr. Balwani recklessly put patients at risk of death or serious bodily injury, which could have added years to his sentence.

“This is a very close call,” Judge Davila said, acknowledging that Mr. Balwani had “oversight and control over the lab situation.”

Mr. Balwani has been ordered to surrender on March 15, 2023, more than a month earlier than Ms. Holmes was ordered to surrender. Ms. Holmes is pregnant with her second child.

“Let this story be a cautionary tale for entrepreneurs in this district: Those who use lies to cover up the shortfalls of their promised accomplishments risk substantial jail time,” Stephanie Hinds, U.S. attorney for the Northern District of California, said in a statement.

Former Theranos CEO Elizabeth Holmes was sentenced last month.



Photo:

Brian L. Frank for The Wall Street Journal

Mr. Balwani joined Theranos in 2009 as vice chairman of its board and the following year became president and chief operating officer, a position he held until 2016. He ran the company’s lab, despite having no medical credentials.

“This is a complete disregard for other people’s lives,” said Mehrl Ellsworth, a retired Arizona dentist who received four Theranos blood tests in 2015, two of which wrongly suggested he had cancer and two that showed he didn’t. The confusion disrupted his life for about six months, he said, delaying a trip to perform volunteer work in Thailand.

The defense sought to pin the blame on Ms. Holmes, who ran the company for years without Mr. Balwani and often made misleading claims as she sought the media spotlight.

“Mr. Balwani joined this company because he believed in the mission of Theranos,” attorney Mr. Coopersmith said in court Wednesday. “He is not Ms. Holmes. He did not pursue fame and recognition and glory.”

Theranos was propelled by claims from Mr. Balwani and Ms. Holmes that their technology could cheaply and quickly run more than 200 health tests using a proprietary finger-prick device that required just a few drops of blood. Their trials showed that the company managed to use its proprietary device for just 12 types of patient tests.

“They knew the tests were inaccurate and they put patients in danger,” said Alan Eisenman, a Texas-based investor who sank about $1.2 million into Theranos and whose investment underpins one of the guilty counts against Mr. Balwani. “That is worse than the financial fraud.”

Mr. Balwani also was responsible for the financial models given to investors that greatly inflated revenue projections, prosecutors said, and he managed the company’s partnership with

Walgreens Boots Alliance Inc.,

in which Theranos finger-prick tests were offered at the chain’s drugstores.

Theranos raised $945 million from investors, and most of it evaporated.

Mr. Balwani has unresolved civil fraud charges pending against him from the U.S. Securities and Exchange Commission. Ms. Holmes settled her charges, without admitting or denying wrongdoing, which included a $500,000 fine.

Alex Shultz, whose son Tyler Shultz worked at Theranos, gave a victim impact statement during Theranos founder Elizabeth Holmes’s sentencing last month.



Photo:

VICKI BEHRINGER/REUTERS

During his time at Theranos, Mr. Balwani sought to shut down internal criticism about the company’s technical and laboratory failings and often rebuffed staffers who brought concerns to him, his trial showed. He was particularly harsh in dealing with Theranos whistleblower

Tyler Shultz,

who complained in an internal 2014 email that Theranos had doctored research and ignored failed quality-control checks.

Mr. Balwani belittled Mr. Shultz and then took a swipe at his relationship with

George Shultz,

the late former secretary of state and then a Theranos director.

“The only reason I have taken so much time away from work to address this personally is because you are Mr. Shultz’s grandson,” wrote Mr. Balwani to the young Mr. Shultz in an email.

In an interview Wednesday after Mr. Balwani was sentenced, Mr. Shultz said: “I’m not rejoicing at them going to prison, but I think it is well deserved.”

“It is just such a relief that it is over,” he said.

Write to Heather Somerville at heather.somerville@wsj.com and Christopher Weaver at Christopher.Weaver@wsj.com

Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8

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Elizabeth Holmes verdict live: Theranos founder to face restitution hearing after being jailed for 11 years

Jury finds Elizabeth Holmes guilty of fraud

Theranos founder Elizabeth Homes has been sentenced to more than 11 years in prison for defrauding investors of the blood-testing startup.

Holmes, who plans on appealing, will not have to report for her 135-month prison sentence until April 2023, the judge announced during the hearing.

“I am devastated by my failings,” a heavily-pregnant Holmes said in a tearful courtroom apology.

“I have felt deep pain for what people went through, because I failed them.”

Prosecutors had asked Judge Edward Davila to sentence Holmes to 15 years in prison and that she pay $800m in restitution for her role in the company’s fraudulent claims.

Holmes’ lawyers cast her as a scapegoat who overcame a toxic relationship with Theranos COO Ramesh “Sunny” Balwani to become a loving mother.

Defence attorney Kevin Downey said Holmes had “good intentions” and there was no evidence that she had been driven by greed.

Holmes was convicted in January of three felony counts of wire fraud and one felony count of conspiracy to commit fraud.

Judge Davila said he would schedule a restitution hearing to determine how much Holmes must repay at a later date.

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Theranos founder Elizabeth Holmes sentenced to 11 years in prison

Judge Edward Davila told the heavily pregnant former Theranos boss: ‘Failure is normal. But failure by fraud is not OK.’

Bevan Hurley19 November 2022 13:00

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Holmes admits responsibility for Theranos failure in tearful courtroom apology

“I am devastated by my failings. I have felt deep pain for what people went through, because I failed them,” Elizabeth Holmes told the judge through tears.

It was the first time Holmes had taken responsibility for the Theranos failure.

Elizabeth Holmes speaks on stage during the closing session of the Clinton Global Initiative 2015

(Getty)

Bevan Hurley19 November 2022 12:00

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Devastating victim impact statement from whistleblower’s father

Alex Schultz, the father of Theranos whistleblower Tyler, read a victim impact statement to say that Holmes had taken a “wrecking ball” to his family.

He looked directly at Elizabeth Holmes as he said Tyler had feared for his life after she hired private investigators to pry into his life.

“My son slept with a knife under his pillow every night thinking somebody was going to come and murder him.”

Mr Schultz is the son of former secretary of state George Schultz, who was an early Theranos backer.

Bevan Hurley19 November 2022 11:00

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Selfless visionary or scheming grifter?

But for her many advocates and detractors, Friday’s sentence is unlikely to end the debate around whether Holmes was a well-intentioned humanitarian who got in over her head, or a charlatan in a turtleneck sweater who chose “deceit over candour”.

Bevan Hurley19 November 2022 10:00

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Theranos founder Elizabeth Holmes sentenced to 11 years in prison

Judge Edward Davila told the heavily pregnant former Theranos boss: ‘Failure is normal. But failure by fraud is not OK.’

Bevan Hurley19 November 2022 09:00

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Judge says tragedy of case is that Holmes was ‘brilliant’

Before sentencing Holmes to 11 years and three months prison, Judge Edward Davila described the case as “so troubling on so many levels”.

“The tragedy of this case is Ms Holmes is brilliant, she had creative ideas. She’s big thinker. She was moving into an industry that was dominated by, let’s face it, male ego. She got into that world.”

Former Theranos CEO Elizabeth Holmes (C) arrives at federal court with her partner Billy Evans (R) and mother Noel Holmes on November 18, 2022 in San Jose, California

(Getty Images)

Bevan Hurley19 November 2022 08:00

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Elizabeth Holmes bypasses media, exits courthouse via side entrance

With dozens of cameras trained on the main entrance to the federal courthouse in San Jose after her sentencing, Elizabeth Holmes ducked out of a side entrance.

She will have to report to corrections officials to begin her 11 year sentence in April.

(EPA)

Bevan Hurley19 November 2022 07:00

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Wall Street Journal reporter comments on Holmes sentence

John Carreyrou, whose reporting at the Wall Street Journal exposed problems at Theranos, was in court to see Holmes sentenced.

In comments outside the courthouse, the Bad Blood author said the sentence was “stiff” but appropriate given Holmes had put patients at risk.

Bevan Hurley19 November 2022 06:00

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Selfless visionary or scheming grifter?

But for her many advocates and detractors, Friday’s sentence is unlikely to end the debate around whether Holmes was a well-intentioned humanitarian who got in over her head, or a charlatan in a turtleneck sweater who chose “deceit over candour”.

Bevan Hurley19 November 2022 05:00

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Theranos founder Elizabeth Holmes sentenced to 11 years in prison

Judge Edward Davila told the heavily pregnant former Theranos boss: ‘Failure is normal. But failure by fraud is not OK.’

Bevan Hurley19 November 2022 04:00

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Elizabeth Holmes sentenced to more than 11 years in prison for fraud



CNN
 — 

Elizabeth Holmes was sentenced to more than 11 years in prison on Friday following her conviction in January for defrauding investors while running the failed blood testing startup Theranos.

Judge Edward Davila imposed a sentence of 11 years and three months in prison, with another three years of supervision after Holmes is released. The sentence also includes a fine of $400, or $100 for each count of fraud. Restitution will be set at a later date. Holmes was ordered to turn herself into custody on April 27, 2023.

Holmes, who was found guilty in January on four charges of defrauding investors, faced up to 20 years in prison as well as a fine of $250,000 plus restitution for each count.

Lawyers for the government asked for a 15-year prison term, as well as probation and restitution, while Holmes’ probation officer pushed for a nine-year term. Holmes’ defense team asked Davila, who presided over her case, to sentence her to up to 18 months of incarceration followed by probation and community service.

Before the sentencing was announced, a tearful Holmes spoke to the court in San Jose, California. “I loved Theranos. It was my life’s work,” she said. “The people I tried to get involved with Theranos were the people I loved and respected the most. I am devastated by my failings.”

She also apologized to the employees, investors and patients of Theranos. “I’m so, so sorry. I gave everything I had to build our company and to save our company,” she said. “I regret my failings with every cell in my body.”

In arguments before the judge on Friday over her sentence, Kevin Downey, one of Holmes’ lawyers, said that unlike other defendants in corporate fraud cases, the Theranos founder did not express greed by cashing out shares or spending money on “yachts and planes.” Instead, the money was “used to build medical technology.”

Federal prosecutor Jeffrey Schenk pointed out that Holmes did gain fame, admiration, and a lifestyle from the fraud, even if she did not make financial gains. “These still are benefits she’s receiving,” he said.

Friday’s sentencing hearing caps off Holmes’ stunning downfall. Once hailed as a tech industry icon for her company’s promises to test for a range of conditions with just a few drops of blood, she is now the rare tech founder to be convicted and face prison time for her company’s missteps.

Holmes, now 38, started Theranos in 2003 at the age of 19 and soon thereafter dropped out of Stanford University to pursue the company full-time. After a decade under the radar, Holmes began courting the press with claims that Theranos had invented technology that could accurately and reliably test for a range of conditions using just a few drops of blood taken from a finger prick.

Theranos raised $945 million from an impressive list of investors, including media mogul Rupert Murdoch, Oracle founder Larry Ellison, Walmart’s Walton family and the billionaire family of former Secretary of Education Betsy DeVos. At its peak, Theranos was valued at $9 billion, making Holmes a billionaire on paper. She was lauded on magazine covers, frequently wearing a signature black turtleneck that invited comparisons to late Apple CEO Steve Jobs. (She has not worn that look in the courtroom.)

The company began to unravel after a Wall Street Journal investigation in 2015 found the company had only ever performed roughly a dozen of the hundreds of tests it offered using its proprietary blood testing device, and with questionable accuracy. Instead, Theranos was relying on third-party manufactured devices from traditional blood testing companies.

In 2016, Theranos voided two years of blood test results. In 2018, Holmes and Theranos settled “massive fraud” charges with the Securities and Exchange Commission, but did not admit to or deny any of the allegations as part of the deal. Theranos dissolved soon after.

In her trial, Holmes alleged she was in the midst of a decade-long abusive relationship with her then-boyfriend and Theranos COO Ramesh “Sunny” Balwani while running the company. Balwani, she alleged, tried to control nearly every aspect of her life, including disciplining her eating, her voice and her image, and isolating her from others. (Balwani’s attorneys denied her claims.)

In July, Balwani was found guilty on all 12 charges in a separate trial and faces the same potential maximum prison time as her. Balwani is scheduled to be sentenced on December 7.

“The effects of Holmes and Balwani’s fraudulent conduct were far-reaching and severe,” federal prosecutors wrote in a November court filing regarding Holmes’ sentencing. “Dozens of investors lost over $700 million and numerous patients received unreliable or wholly inaccurate medical information from Theranos’ flawed tests, placing those patients’ health at serious risk.”

More than 100 people wrote letters in support of Holmes to Davila, asking for leniency in her sentencing. The list includes Holmes’ partner, Billy Evans, many members of Holmes’ and Evans’ families, early Theranos investor Tim Draper, and Sen. Cory Booker. Booker described meeting her at a dinner years before she was charged and bonding over the fact that they were both vegans with nothing to eat but a bag of almonds, which they shared.

“I still believe that she holds onto the hope that she can make contributions to the lives of others, and that she can, despite mistakes, make the world a better place,” Booker wrote, noting that he continues to consider her a friend.

Ahead of the hearing, there were also questions over how Holmes’ sentencing could be complicated by developments in her life after stepping down from Theranos. Holmes and her partner, Evans, who met in 2017, have a young son. Holmes is also pregnant, as confirmed by recent court filings and her most recent court appearance in mid-October.

Mark MacDougall, a white-collar defense lawyer and former federal prosecutor, told CNN Business before the hearing that the fact that Holmes has a young child could impact how she is sentenced.

“I don’t know how it can’t, just because judges are human,” he said.

MacDougall also said he doesn’t see what a long prison sentence accomplishes. “Elizabeth Holmes is never going to run a big company again,” he said. “She’s never going to be in a position to have something like this happen again.”

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Elizabeth Holmes trial: federal prosecutors seeking 15 years for Theranos fraud

Federal prosecutors on Friday filed a briefing asking a judge to sentence Theranos CEO Elizabeth Holmes to 15 years in prison for duping investors out of hundreds of millions of dollars. 

In the 46-page briefing, Assistant U.S. Attorney Robert S. Leach attacked Holmes for choosing “lies, hype and the prospect of billions of dollars over patient safety and fair dealing with investors.” 

FILE: Former Theranos CEO Elizabeth Holmes arrives at federal court on October 17, 2022, in San Jose, California.  (Photo by Justin Sullivan/Getty Images / Getty Images)

“Elizabeth Holmes’ crimes were not failing, they were lying — lying in the most serious context, where everyone needed her to tell the truth,” Leach said. 

Prosecutors also called for Holmes to pay more than $800 million in restitution for her role in the yearslong scheme.

FTX FACES CRIMINAL PROBE IN BAHAMAS AFTER COMPANY COLLAPSES, LOSES $1 BILLION IN CRYPTO

“She preyed on hopes of her investors that a young, dynamic entrepreneur had changed healthcare. She leveraged the credibility of her illustrious board,” Leach wrote. “And, through her deceit, she attained spectacular fame, adoration, and billions of dollars of wealth.”

Leach wrote that the health of actual patients was put into jeopardy by what Holmes had done.

“As money was drying up, she went to market with an unproven and unreliable medical device,” he wrote. “When her lead assay developer quit as Theranos launched, she chillingly told the scientist: ‘she has a promise to deliver to the customer, she doesn’t have much of a choice but to go ahead with the launch.'”

Former Theranos CEO Elizabeth Holmes arrives at federal court in San Jose, Calif., Mon., Oct. 17, 2022.  ( AP Photo/Jeff Chiu / AP Newsroom)

Holmes was convicted in January of three felony counts of wire fraud and one felony count of conspiracy to commit fraud. 

Holmes’ attorneys filed an 82-page document late Thursday calling for a lenient sentence of no more than 18 months, saying her reputation was permanently destroyed, turning her into a “caricature to be mocked and vilified.” They also argue that Holmes poses no danger to the public and has no prior criminal history.

Calling the case “one of the most substantial white collar offenses Silicon Valley or any other District has seen,” prosecutors vehemently rejected defense attorneys’ characterization that Holmes had been unfairly victimized, in part by media coverage.

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Holmes is set to appear for sentencing on Nov. 18 in federal court in San Jose, California before U.S. District Judge Edward Davila. She faces up to 20 years in prison for each count. 

The Associated Press contributed to this report. 

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Theranos Founder Elizabeth Holmes Seeks New Trial, Citing Fresh Evidence

Elizabeth Holmes,

founder of defunct blood-testing startup Theranos Inc. who was convicted of fraud, has asked a federal judge for a new trial after she said one of the prosecution’s star witnesses visited her house to express regret for his role in her trial, according to a new court filing.

Ms. Holmes said in a filing Tuesday that

Adam Rosendorff,

a former Theranos lab director who testified for five days in her criminal-fraud trial, showed up unannounced at her home Aug. 8. During his visit, Dr. Rosendorff spoke to Ms. Holmes’s partner and said that the government had twisted his testimony that Theranos was “working so hard to do something good and meaningful,” and that he felt guilty “to the point where he had difficulty sleeping,” according to the court filing.

Ms. Holmes is arguing that Dr. Rosendorff’s alleged statements to her partner qualifies her for a new trial or a hearing to discuss the evidence.

A federal jury convicted Theranos founder Elizabeth Holmes on four of 11 charges. Each count carries a maximum prison sentence of 20 years. WSJ’s Sara Randazzo shares highlights from Ms. Holmes’s testimony. Photo: Josh Edelson for The Wall Street Journal

Dr. Rosendorff declined to comment when reached by phone Tuesday. A spokesman for the U.S. attorney’s office for the Northern District of California declined to comment.

The filing is the latest twist in a spectacle-laden criminal-fraud saga that began to play out in court a year ago and became one of the most closely watched white-collar cases in Silicon Valley history. Ms. Holmes in January was convicted on four counts of criminal fraud for deceiving investors while running a yearslong scheme at Theranos, where she was chief executive. Her one-time business and romantic partner, former Theranos president Ramesh “Sunny” Balwani, was convicted of 12 fraud counts in July.

Ms. Holmes last week requested an acquittal, and during the hearing, her legal team said they had newly discovered information that would help her case but didn’t provide further details. On Tuesday, U.S. District Judge Edward Davila denied the motion for an acquittal. Ms. Holmes is scheduled to be sentenced in October, while Mr. Balwani is set to be sentenced the following month.

At his Aug. 8 visit, Dr. Rosendorff didn’t speak directly to Ms. Holmes but to her partner, Billy Evans, who answered the door, according to Mr. Evans’s account of the exchange, which was filed into court record. Dr. Rosendorff looked disheveled, and his voice trembled as he explained that “he feels guilty,” according to the account. “He said he is hurting,” according to Mr. Evans. Dr. Rosendorff explained that he “tried to answer the questions honestly” during the trial but that the government made things sound worse than they were when he was up on the stand during his testimony. He said he felt as though he had done something wrong, according to the account.

Ms. Holmes is arguing that if Dr. Rosendorff had made such statements in court, it would have significantly bolstered her defense and could have swayed a jury.

The government called 29 witnesses, including other former Theranos lab personnel who testified against Ms. Holmes.

Dr. Rosendorff, a central government witness in Ms. Holmes’s trial, testified on concerns he brought directly to her about Theranos’s technology and his efforts to delay the use of the company’s blood-testing equipment on real patients. As lab director from 2013 to 2014, he told the court that he was responsible for helping respond to doctor and patient complaints about Theranos’s inaccurate lab tests and that he was pressured to find excuses for the erroneous results that deflected the responsibility from Theranos.

On his LinkedIn page, Dr. Rosendorff included a link to a news article from the South African Jewish Report that called him the “medic who helped expose Theranos.”

Dr. Rosendorff revealed during the trial that he was a source for The Wall Street Journal’s reporting on Theranos in 2015 before the paper published a series of articles revealing that Theranos’s finger-stick lab tests were unreliable and that the company often relied on commercial machines instead, but even those test results could be wrong.

One of Ms. Holmes’s attorneys,

Lance Wade,

questioned Dr. Rosendorff in often hostile exchanges for nearly four days, much longer than the government questioned him. Tuesday’s court filing said that Dr. Rosendorff on Aug. 8 left a voicemail with Mr. Wade, asking for a meeting with Ms. Holmes. Mr. Wade didn’t respond before Dr. Rosendorff drove to her house anyway, the court filing said.

Write to Heather Somerville at heather.somerville@wsj.com

Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8

Appeared in the September 7, 2022, print edition as ‘Theranos’s Holmes Seeks New Trial, Cites Witness Take.’

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Sunny Balwani trial: Former Theranos COO is guilty of federal fraud

Jury deliberations stretched for four full days following a lengthy trial that got underway in March with opening statements. A jury of five men and seven women determined that Balwani had defrauded both patients and investors, finding him guilty on all 12 charges he faced, which included ten counts of federal wire fraud and two counts of conspiracy to commit wire fraud.

During Holmes’ trial, a separate jury acquitted her on charges pertaining to defrauding patients, and were not able to reach a unanimous verdict on three of the charges concerning defrauding investors. She was found guilty on four charges relating to investors.

Balwani, the former president and COO at the failed blood testing startup, was indicted four years ago alongside Holmes, the founder and former CEO, for allegedly defrauding investors and patients. Their trials were severed after Holmes’ legal team outlined in legal filings that she planned to make accusations about their relationship as part of her defense.

Balwani showed little emotion as his fate was read aloud. Afterward, he briefly huddled with a small support system present in the courtroom. The verdict comes roughly six months after Holmes’ trial concluded.

His verdict marks an end to a rare criminal fraud case against two Silicon Valley startup executives and the final chapter of a company, and a founder, once viewed as a posterchild for the entrepreneurial dream of building a disruptive product with the potential to change the world.

“Balwani is a reminder that she, like everyone, didn’t do it by herself,” Margaret O’Mara, a historian of the tech industry and professor at the University of Washington told CNN Business. “He still had a significant role running the company.”

Holmes founded Theranos when she was 19 years old in an effort to create a cheaper, more efficient alternative to traditional blood testing, a goal she said was inspired by her own fear of needles. The startup later claimed to have developed technology capable of testing for a range of conditions, including cancer and diabetes, using just a few drops of blood. Theranos ultimately raised $945 million from investors, including well-known figures such as media mogul Rupert Murdoch and Walmart’s Walton family. It also struck up partnerships with prominent retailers.

Then it all came crashing down, beginning with a 2015 Wall Street Journal investigation into the startup that revealed holes in its testing methods and technological capabilities.

Balwani’s trial took place in the same San Jose, California courtroom where Holmes was convicted. His case, also presided over by Judge Edward Davila, was pushed back several times due to delays in Holmes’ trial and later by a surge in Covid-19.

To make its case against Balwani, the government called two dozen witnesses as it sought to convince jurors that he knowingly and intentionally lied to and deceived investors and patients in order to get money for Theranos. As with Holmes’ case, the government sought to untangle the layers of the alleged fraud for jurors, including concealing use of third-party manufactured machines, overstating financials, misrepresenting work with pharmaceutical companies and the military, and leveraging the media to perpetuate the scheme.

The defense, on the other hand, called two witnesses to testify. During opening and closing arguments, it portrayed Balwani as having acted in good faith and having believed in the company’s technology. It also argued prosecutors cherry-picked information to prove its case and cast doubt on whether the government had enough evidence for the jury to find Balwani guilty.

Balwani, 57, faces up to 20 years in prison as well as a fine of $250,000 plus restitution for each count of wire fraud and each conspiracy count.

Holmes, 38, is slated to be sentenced in late September.

Balwani’s road to Holmes, and Theranos

While Holmes’ stunning rise and fall is likely what most will remember about the story of Theranos in years to come, O’Mara said Balwani is actually “more representative of the Valley in terms of his career.”

Balwani and Holmes first crossed paths in the summer of 2002. The two met while attending a summer program in Beijing to learn Mandarin. Balwani, nearly 20 years older than Holmes, had already had a successful career in the software industry and as an entrepreneur.

Originally from South Asia, Balwani moved to the United States on a student visa in 1986 to attend college in Texas. After graduating, he came to Silicon Valley and worked for tech companies such as Lotus and Microsoft. He went on to start an e-commerce company, which he eventually sold. By 2002, he was back in school to get his MBA.

As Holmes testified in her own defense in her trial, the two forged a friendship. They kept in touch and their relationship ultimately turned romantic. By 2005, the year after Holmes dropped out of Stanford to work full-time on Theranos, the pair were living together.

Balwani took a formal role at Theranos in 2009, shortly after guaranteeing a $10 million loan to the company. At the recommendation of Theranos’ board, according to Balwani’s defense, he would eventually take on the role of COO and president. Their romantic relationship, however, was largely kept private from investors, employees and business partners.

Under the leadership of Holmes and Balwani, Theranos struck a major retail partnership with Walgreens, hit a $9 billion valuation and received glowing coverage in the press. Holmes was featured on multiple magazine covers and hailed as the rare female founder of a billion-dollar business, not to mention one said to be a paper billionaire.

But in 2015, the Journal reported that Theranos had only ever performed roughly a dozen of the hundreds of tests it offered using its proprietary blood testing device, and with questionable accuracy. The Journal also revealed Theranos was relying on third-party manufactured devices from traditional blood-testing companies rather than its own proprietary technology.

Balwani, who had been overseeing the lab that processed patient samples, departed the company in May 2016. (Their personal relationship also ended at that time.) Theranos voided two years of blood test results.

In 2018, following nearly two years of turmoil, Holmes and Theranos settled “massive fraud” charges with the US Securities and Exchange Commission, but did not admit to or deny any of the allegations as part of the deal. Balwani, on the other hand, is fighting the charges. Jeffrey Coopersmith, the attorney also representing him in his criminal trial, said in a statement at the time that he “accurately represented Theranos to investors to the best of his ability.”

Theranos dissolved soon after.

“Partners in everything”

While their trials were separated, each featured prominently in the other’s court proceedings.

As assistant US attorney Robert Leach told jurors during the prosecution’s opening arguments in Balwani’s trial, the government believes he and Holmes “were partners in everything, including their crimes.”

While Balwani was an integral part of Theranos and a confidante to Holmes throughout her time running the company, he was more of a behind-the-scenes force. In addition to the critical role of overseeing its patient lab, he also oversaw its key retail partnership with Walgreens and managing Theranos’ financial projections. Balwani, at times, also communicated directly with some investors to secure deals.

During her criminal trial, Holmes suggested that Balwani wielded even more power than she did at her own company in some ways. Taking the stand in her own defense, she testified that she was the victim of a decade-long abusive relationship with Balwani. She claimed Balwani exerted tremendous control over her, prescribing a restrictive lifestyle and image to become successful in the business world. At times, she alleged in testimony, he forced her to have sex with him. Balwani’s attorneys have strongly denied the allegations.

Holmes stopped short of saying Balwani directed her to mislead anyone. “He impacted everything about who I was, and I don’t fully understand that,” she testified.

Mark MacDougall, a white-collar defense lawyer and former federal prosecutor, said both the prosecution and the defense likely benefited by being able to see how evidence and witness testimony fared with jurors in Holmes’ trial. “Each side in Sunny’s trial would have made adjustments based on the outcome of the Holmes case, which could account for a different verdict,” he said.

While Balwani did not take the stand, his defense team’s strategy included pointing the finger back at Holmes. The defense highlighted to jurors that he, too, was a believer in Holmes and in Theranos, just as numerous other notable investors, business partners and employees had been.

The list of people who believed in Holmes and Theranos included Stanford University chemical engineering professor Channing Robertson, who served as the company’s first board member; former Defense Secretary James Mattis and former Secretary of State George Shultz, who also once served on the board.

“That was the board at Theranos that the investors were understandably impressed with, as was Mr. Balwani no doubt,” said Coopersmith, during closing arguments.

The caliber of Theranos’ backers was reflected in the witnesses called by the government. Among those who testified in both trials were investor Chris Lucas, whose uncle Don Lucas was a well-known Silicon Valley investor and onetime chairman of Theranos’ board; Lisa Peterson, who helped vet a deal for the billionaire family of former US Education Secretary Betsy DeVos, and Daniel Mosley, a prominent lawyer who was introduced to Theranos through his longtime client Henry Kissinger, the former Secretary of State who once served on the board of the company. (Mosley went on to introduce several of his clients to Holmes and Theranos, including the DeVos family.)

“This is what Elizabeth was able to do…the charisma, the drive, the vision, the goal to change diagnostic testing, and he bought into that vision,” added Coopersmith.

Balwani’s attorneys also emphasized a missing database as reason for jurors to be skeptical of the prosecution’s case. The database contained the company’s testing records but the prosecution was never ultimately able to retrieve access before it was destroyed.

“It’s important to the process and to your deliberations that you focus on what actually is in evidence and not speculate about things that are not before you,” said assistant US attorney John Bostic in the prosecution’s rebuttal to the defense’s closing arguments shortly before case went to jurors.

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Former Theranos President Ramesh ‘Sunny’ Balwani Begins His Defense

SAN JOSE, Calif.—Ramesh “Sunny” Balwani wasn’t in charge at Theranos Inc., and the blood-testing company was neither his idea nor his creation, his attorney told a jury Tuesday as the second criminal-fraud trial involving the defunct Silicon Valley startup got under way.

The responsibility for the rise and fall of Theranos rests on founder and Chief Executive

Elizabeth Holmes,

attorney Stephen Cazares said in opening statements as he outlined the main points of Mr. Balwani’s defense.

“Sunny Balwani did not start Theranos, he did not control Theranos,” said Mr. Cazares. “Elizabeth Holmes, not Sunny, founded Theranos and built Theranos.”

By the time Mr. Balwani joined Theranos in 2009 as president and chief operating officer, Ms. Holmes had spent six years building “a small but sophisticated company,” said Mr. Cazares. His knowledge of the company was largely based on what Ms. Holmes, who was also his girlfriend, and Theranos scientists told him, Mr. Cazares said.

Elizabeth Holmes’s former top deputy at Theranos, Ramesh ‘Sunny’ Balwani, faces charges of defrauding investors and patients about the startup’s blood-testing capabilities, which he denies. Photo: Getty Images

Mr. Balwani, 56 years old, faces a dozen counts of wire fraud and conspiracy to commit fraud for allegedly lying to investors and patients about the blood-testing startup’s technology. Mr. Balwani helped run the company from 2009 to 2016 alongside Ms. Holmes, and helped finance it by underwriting a $13 million loan and buying $5 million in stock. The two had a romantic relationship that spanned more than a decade and was intertwined with their co-leadership of the company, according to evidence in the case.

Ms. Holmes was found guilty of wire fraud and conspiracy in January in a separate criminal trial.

Ms. Holmes and Mr. Balwani were indicted together in June 2018, but U.S. District Judge

Edward Davila

agreed in March 2020 to Mr. Balwani’s request to sever the trials so they would have separate court appearances. Judge Davila presided over Ms. Holmes’s trial and is also overseeing Mr. Balwani’s proceedings; the same assistant U.S. attorneys who brought Ms. Holmes’s case are also prosecuting Mr. Balwani’s case.

Mr. Balwani’s trial had faced delays due to a prolonged jury selection and the Covid-19 pandemic, and because Ms. Holmes gave birth to a baby boy last year, which postponed her own trial.

The government has accused Mr. Balwani, like Ms. Holmes, of misleading investors, business partners and patients about the capabilities of Theranos’s technology and its finances. Theranos claimed it could test for more than 200 health conditions using just a few drops of blood from a finger prick. Prosecutors have alleged and witnesses in Ms. Holmes’s trial testified that the company used its proprietary device for just 12 types of patient tests, and those tests could be inaccurate. Theranos relied on commercial blood analyzers for the majority of its tests, lawyers for both sides have said.

Mr. Cazares said that Theranos used investor money as it promised—to build the company. When Mr. Balwani left in May 2016, Theranos had hundreds of millions of dollars in the bank, patents and hundreds of blood tests developed by Theranos scientists, Mr. Cazares said.

“The money was there, the business was there,” said Mr. Cazares. And Mr. Balwani, whose stake in Theranos was worth as much as $500 million on paper, walked away from Theranos without selling any stock.

By the time Mr. Balwani left in 2016, Theranos was struggling with unreliable and inaccurate blood tests, deteriorating retail partnerships, unhappy investors and regulatory scrutiny, The Wall Street Journal has reported. Regulators had uncovered major deficiencies in the lab he oversaw. The company dissolved in 2018 following civil lawsuits, a settlement with the Securities and Exchange Commission over fraud charges in which Theranos didn’t admit or deny wrongdoing but paid a penalty, and the federal indictment.

The government’s indictment alleges fraud spanning from 2010 to 2016, during which Mr. Balwani was at the company. In Ms. Holmes’s trial, she described Mr. Balwani as her closest business mentor who had influence over how she ran the business—though he wasn’t the ultimate decision maker.

The government’s opening statements gave a preview of a case that echoed the one against Ms. Holmes.

“This is a case about fraud. About lying and cheating to obtain money and property,” said Assistant U.S. Attorney

Robert Leach.

Mr. Balwani “did this to get money from investors, and he did this to get money and business from paying patients who were counting on Theranos to deliver accurate and reliable blood tests so that they could make important medical decisions.”

Mr. Leach said Mr. Balwani was responsible for what he described as false financial projections that were given to investors. Mr. Leach said Mr. Balwani told investors to expect Theranos would have $990 million in revenue in 2015, when in fact the company had less than $2 million in sales, among other projections Mr. Leach said were misleading.

Mr. Cazares countered that allegation, saying Mr. Balwani accurately portrayed the company’s expected revenue growth based on an agreement from

Walgreens Boots Alliance Inc.

to put Theranos blood-testing devices in thousands of retail pharmacies.

Mr. Balwani is an entrepreneur and immigrant from a family of farmers, who became wealthy from his own success in tech startups before going to work at Theranos, Mr. Cazares said. Mr. Balwani had worked as a software engineer and had a business degree when he went to the blood-testing company, where he was put in charge of the lab despite having no medical or laboratory experience.

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Mr. Cazares took issue with the government for charging Mr. Balwani without reviewing a database that contained all of Theranos’s lab testing data, including 9 million patient test results.

The database is a thorny issue. The government subpoenaed a copy of Theranos’s proprietary lab-result database, but in August 2018, just days after the government received a copy on an external hard drive, Theranos officials destroyed the entire database, the Journal has reported. The government later learned that a passcode needed to make use of their hard drives was missing.

Before Mr. Balwani’s lawyers outlined the broad strokes of his defense, prosecutors on Tuesday described Mr. Balwani as one-half of a business duo that lied to cheat investors and patients out of money. “They were partners in everything, including their crimes,” said Mr. Leach.

Mr. Balwani was a full participant in the lies Theranos spread, Mr. Leach said, driven by its dwindling cash reserves and unreliable technology. The company went years without revenue and its cash had diminished to $6.9 million by 2013, he said.

For a time, said Mr. Leach, their fraud scheme was enormously successful: They raised hundreds of millions of dollars from investors, and it “brought them fame and adoration.”

Mr. Leach told the jury that they would soon see text message exchanges Mr. Balwani and Ms. Holmes shared during their yearslong personal relationship, which was largely hidden from Theranos investors, employees and board directors. Prosecutors also introduced hundreds of these messages during Ms. Holmes’s trial, showing the two worked in tandem as the top officers of a multibillion-dollar company and as romantic partners.

“They candidly explained to each other how bad things were inside Theranos at the time they were touting Theranos as a revolution in healthcare,” said Mr. Leach.

Theranos and the ‘Sunny’ Balwani Trial

Write to Heather Somerville at Heather.Somerville@wsj.com

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