Disgraced Elizabeth Holmes has postponed the beginning of her more than 11-year prison sentence by filing a second appeal. Holmes, 39, was convicted of four counts of fraud in relation to her collapsed blood testing business last year.
Under the regulations of the 9th US Circuit Court of Appeals, however, Holmes’ surrender has been automatically postponed until the court rules on her most recent appeal.
It is currently unknown when this ruling will be issued. She petitioned the court earlier this month to remain free on parole while a challenge to the original conviction is evaluated.
US District Judge Edward Davila rejected this, stating that she had failed to demonstrate that the appeals process would result in a new trial.
Then, on Tuesday night, Holmes’ attorneys filed an appeal with the 9th Circuit Court of Appeals in San Francisco, and according to the rules of that court, Holmes can remain free on bail until the appeal is considered.
In a last-ditch effort, Holmes’ legal team argued the judge’s decision contained “numerous inexplicable errors.”
Her attorneys stated that this included references to “patient fraud counts” despite Holmes’ acquittal on charges that she defrauded Theranos customers.
Ramesh “Sunny” Balwani, Ms. Holmes’ former business and romantic partner, effectively utilized the same legal maneuver.
His sentence was postponed for approximately one month. This month, Balwani surrendered to a federal penitentiary in San Pedro, California, to begin his nearly 13-year sentence, having exhausted all of his legal options.
If Holmes’ appeal fails, the US District Court for the Central District of California has recommended she serve her sentence at a federal prison center in Bryan, Texas that allows family visits. However, her final destination has not been determined.
Holmes was once described as the “next Steve Jobs” and the youngest self-made magnate in the world.
She founded Theranos after dropping out of Stanford University, boasting a novel blood-testing device that was allegedly capable of running multiple tests from a single blood drop. In 2018, however, it was discovered that the startup’s technology was ineffective, and it subsequently failed.
Elizabeth Holmes, who was convicted of four counts of fraud in January of last year, told the court at the time that she felt “deep pain” for those who were deceived.
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