Elizabeth Holmes Ordered to Begin 11-Year Prison Sentence Amid Appeal Efforts
Elizabeth Holmes, the convicted former CEO of Theranos, has been ordered to start serving her 11-year prison sentence later this month as her request to remain free during her appeal process was denied by a federal judge.
US District Judge Edward Davila ruled that even if Holmes were successful in her appeal regarding the admission of evidence about Theranos' blood-testing machine accuracy, it is unlikely to result in a complete reversal or new trial. Davila wrote, “Contrary to her suggestion that accuracy and reliability were central issues to her convictions, Ms. Holmes’ misrepresentations to Theranos investors involved more than just whether Theranos technology ‘work[ed] as promised.’”
The judge's decision concludes a lengthy dispute between federal prosecutors and Holmes' legal team, which claimed she should remain free due to the "substantial issues" her appeal raises about her conviction that could potentially result in a new trial.
In 2022, Holmes was sentenced to over 11 years in prison for deceiving Theranos' investors about the effectiveness of her startup's blood-testing technology and financial situation. The mother of two is scheduled to report to prison on April 27.
Additionally, Davila addressed a shocking accusation from prosecutors that Holmes posed a flight risk, as she and her partner, William Evans, had allegedly booked a one-way trip to Mexico weeks before the jury reached a verdict in her case. The judge noted in the filing, “Booking international travel plans for a criminal defendant in anticipation of a complete defense victory is a bold move, and the failure to promptly cancel those plans after a guilty verdict is a perilously careless oversight.”
In a court filing from January, prosecutors characterized the trip as an "attempt to flee the country," claiming that Holmes only canceled the plan after being contacted by prosecutors. Holmes' legal team countered these accusations, calling them "baseless" and requesting that Davila remove the claim from records. They stated that Holmes and Evans had planned the trip to attend a friend's wedding.
Davila ultimately determined that Holmes' one-way ticket purchase, "while ill-advised," was not an attempt to flee the country, as the prosecution suggested. He added, “Ms. Holmes has presented evidence that she made no attempt to flee, the court retains custody of her expired passport, her appearance is secured by a $500,000 bond on her parents’ home, and she has strong ties to the community, including two very young children.”
Holmes' lawyers previously cited the birth of her second child as proof that she was not a flight risk. She had been noticeably pregnant during an unsuccessful attempt to have her conviction overturned last year.
Holmes' dramatic downfall came to light after reports exposed that Theranos' machines were incapable of performing many of the functions she had claimed, causing the once highly-valued medical tech startup, worth $9 billion at its peak, to collapse.