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Theranos Fraudster Elizabeth Holmes Asked To Remain Out Of Prison While Appealing Her Conviction. A Judge Denied Her Request.

   DailyWire.com
Disgraced Theranos Founder Elizabeth Holmes Appears In Court For A Restitution Hearing
Philip Pacheco/Getty Images

Elizabeth Holmes, the founder and CEO of failed blood-testing company Theranos, will have to report to prison while appealing her fraud conviction.

Holmes had asked U.S. District Court Judge Edward Davila to allow her to remain free while she appealed the conviction against her, but in a ruling filed on Monday, Davila ruled that the part of the conviction Holmes is appealing will probably not be overturned. Holmes is challenging her conviction based on the evidence presented at trial regarding whether Theranos products “worked as promised,” NBC News reported.

“Whether the jury heard more or less evidence that tended to show the accuracy and reliability of Theranos technology does not diminish the evidence the jury heard of other misrepresentations Ms. Holmes made to investors,” Davila ruled.

Davila noted in his ruling that Holmes’ conviction wasn’t just based on whether her products worked but also related to the company’s finances and her false claims to investors about what her product did.

Davila did say in his ruling that he didn’t believe Holmes was a flight risk, even though federal prosecutors revealed earlier this year that Holmes and her husband purchased one-way tickets to Mexico in January 2022 – the same month she was convicted. The tickets were canceled only after the defense counsel was notified.

“The government anticipates Defendant will note in reply that she did not in fact leave the country as scheduled,” prosecutors wrote, “but it is difficult to know with certainty what Defendant would have done had the government not intervened.”

Holmes’ husband, William “Billy” Evans, allegedly used his ticket and returned six weeks later from a different continent.

In that same document, prosecutors noted that Holmes “continues to show no remorse to her victims.”

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Holmes was found guilty in January 2022 on four out of 11 charges of fraud relating to her blood-testing startup and was sentenced to 11 years in prison.

Judge Davila has previously recommended Holmes serve her sentence at Federal Prison Camp in Bryan, Texas, a minimum-security federal prison. Criminal defense attorney Alan Ellis told Bloomberg in November 2022 that Holmes would have “no walls, no bars, no fences” at that particular prison, calling the facility “heaven.”

“No one wants to get … kicked out because compared to other places in the prison system, this place is heaven,” Ellis said. “If you have to go, it’s a good place to go.”

Holmes is expected to report to the prison on April 27.

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The Daily Wire   >  Read   >  Theranos Fraudster Elizabeth Holmes Asked To Remain Out Of Prison While Appealing Her Conviction. A Judge Denied Her Request.