Theranos founder Elizabeth Holmes, ex-lover seek to overturn fraud convictions

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Lawyers for Theranos founder Elizabeth Holmes and institution President Ramesh “Sunny” Balwani connected Tuesday urged a national appeals tribunal to overturn their convictions for defrauding investors successful nan grounded humor testing startup, which was once weighted astatine $9 billion.

Amy Saharia, Holmes’ lawyer, told a three-judge sheet of nan 9th US Circuit Court of Appeals successful San Francisco that Holmes believed she was telling nan truth erstwhile she told investors that Theranos’s miniature humor testing instrumentality could accurately tally a wide array of aesculapian diagnostic tests connected a mini magnitude of blood.

Holmes, who started Theranos as a assemblage student and became its nationalist face, was indicted alongside Balwani, her erstwhile romanticist partner, successful 2018. The 2 were tried separately successful 2022, and sentenced later that twelvemonth to 11 years and 3 months, and 12 years and 11 months, respectively.

Elizabeth Holmes was sentenced successful 2022 to 11 years successful prison. Above, Holmes astatine nan national situation successful Bryan, Texas, past year. REUTERS

Saharia said nan proceedings judge improperly allowed former Theranos employee Kingshuk Das to attest arsenic a technological master about Theranos’s merchandise without making him look cross-examination astir his qualifications.

She besides said nan judge should person allowed Holmes to present much grounds attacking different cardinal prosecution witness, Theranos’s erstwhile laboratory head Adam Rosendorff, including specifications of a authorities investigation of his activity aft leaving Theranos that she said called his competence into question.

Those mistakes could person made nan quality successful nan “close” case, successful which jurors were not capable to scope a verdict connected astir counts against Holmes aft 7 days of deliberations.

Assistant US Attorney Kelly Volkar, arguing for nan government, disputed that Das had improperly testified arsenic an expert, saying he was called to talk astir his individual acquisition at Theranos. She besides said that “it was not really contested that nan instrumentality did not work.”

Holmes’ lawyer said Holmes believed she was telling nan truth erstwhile she told investors that Theranos’ miniature humor testing instrumentality could accurately tally a wide array of aesculapian diagnostic tests connected a mini magnitude of blood. AP

The judges had skeptical questions for some sides, and did not intelligibly bespeak really they would rule. Circuit Judge Ryan Nelson said that, moreover without nan disputed testimony, “there was, it seemed to me, beautiful overwhelming evidence.”

Circuit Judges Jacqueline Nguyen and Mary Schroeder said that overmuch of Das’ grounds concerned what he observed astatine nan company, not his technological opinions, arsenic Saharia argued.

Nguyen and Nelson, however, besides some told Volkar that they had concerns astir what opinions Das was allowed to springiness during nan trial.

Ramesh “Sunny” Balwani, Holmes’ erstwhile romanticist partner, was sentenced to astir 13 years. REUTERS

Jeffrey Coopersmith, Balwani’s lawyer, based on that prosecutors had gone beyond what was successful nan indictment against his customer by introducing grounds that nan commercialized testing technology Theranos secretly utilized was not reliable.

The judges appeared much skeptical of that argument, though again did not intelligibly awesome really they would rule.


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