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Theranos' Death Rattle


TwiceHorn

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Yeah, Mexico's CRE needs some wins with us...they'll turn her over in a heartbeat.  

Also, what the fuck with people with the means buying one-way airplane tickets knowing the red-flags it throws up?  You can buy yourself days, even weeks, of lead time on the lamb by just buying standard round-trip tickets and not setting off alarms.  She pissed away billions, what's another $379?  

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  • 1 month later...

Holmes recently had her 2nd child and her lawyer is asking to delay to the start of the sentence since she has 2 young children to care for. https://www.cnn.com/2023/03/02/business/elizabeth-holmes-prison-delay/index.html

If granted, why wouldn't she attempt to get pregnant again to continue the delay, hoping for a future, successful appeal or retrial request?

While it sucks that a child is punished by having their mom ripped away, I imagine this happens many times every day to poor women going to prison. Holmes and her kids shouldn't have special advantages because she's wealthy and privileged. The judge should follow the standard procedure without looking at who she is.

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  • 2 weeks later...

https://www.linkedin.com/news/story/holmes-prison-sentence-delayed-6277914/

"Holmes will likely serve her time at the Federal Prison Camp in Bryan, Texas, a minimum-security facility about 100 miles from Houston."

 

Who's gonna do it?  Which Surly will be the first to visit and report back?

Pics or it didn't happen.

 

Edited by Shaggy3.0
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7 hours ago, Shaggy3.0 said:

https://www.linkedin.com/news/story/holmes-prison-sentence-delayed-6277914/

"Holmes will likely serve her time at the Federal Prison Camp in Bryan, Texas, a minimum-security facility about 100 miles from Houston."

 

Who's gonna do it?  Which Surly will be the first to visit and report back?

Pics or it didn't happen.

 

It's weird, when I think of Bryan, TX "Caged Heat", I always pictured "experimental" sheep...not rich blondes in a women's prison.

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https://www.nytimes.com/2023/05/07/business/elizabeth-holmes-theranos-interview.html

Quote

Their toddler, William, recently had a 105-degree fever, the couple said. They raced him to the emergency room. The first thing the attending doctor said was, “You look a lot like that horrible woman.” Ms. Holmes looked at him with her piercing blue eyes, and said, “I’m sure you’re a better person than she is.” The doctor seemed to realize who he was talking to. She continued, “Then he said, ‘Are you Elizabeth Holmes?’ And I said, ‘Yes,’ and he said, ‘I am so sorry,’ and I said, ‘Don’t be, all you know is what you’ve read.’”

The attempted image rehab continues. 

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On 4/27/2023 at 7:20 AM, Neonmoon said:

It’s amazing how many times you can appeal this shit. If only the poor had access to unlimited lawyerdom 

What are you on about?

She's made one single appeal of her trial and sentence.  Adjunct to that, she asked that she not have to start her sentence pending appeal.

The indigent in federal criminal cases who so choose may be represented by the Federal Public Defender and a huge number of criminal appeals are made by indigent represented very well by FPD.

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On 4/27/2023 at 12:16 AM, Shaggy3.0 said:

https://www.linkedin.com/news/story/holmes-prison-sentence-delayed-6277914/

"Holmes will likely serve her time at the Federal Prison Camp in Bryan, Texas, a minimum-security facility about 100 miles from Houston."

 

Who's gonna do it?  Which Surly will be the first to visit and report back?

Pics or it didn't happen.

 

My mom was a guest of the Bryan Club Fed back in the 90s. Holmes would have been the hottest woman there by orders of magnitude. Lots of frumpy middle aged drug offenders with bad hair and shitty prison makeup. 

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On 5/12/2023 at 10:47 AM, Pescado_Rojo said:

My mom was a guest of the Bryan Club Fed back in the 90s. Holmes would have been the hottest woman there by orders of magnitude. Lots of frumpy middle aged drug offenders with bad hair and shitty prison makeup. 

Do they just scissor all day and hope for Dixie Chicken delivery on Friday for good behavior?

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On 5/12/2023 at 10:47 AM, Pescado_Rojo said:

My mom was a guest of the Bryan Club Fed back in the 90s. Holmes would have been the hottest woman there by orders of magnitude. Lots of frumpy middle aged drug offenders with bad hair and shitty prison makeup. 

Did she remain free during her trial and appeal?

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On 5/13/2023 at 8:04 PM, Pato del Muerto said:

Did she remain free during her trial and appeal?

Her lawyers keep filing motions that are keeping her out of prison. Apparently they're hoping to get a judge to eventually allow her to remain out of prison while she is on appeal. I read a story that she will most likely remain free to at least late June if not longer.

It seems like she's also attempting a PR campaign that her young children shouldn’t be punished by having their mom removed from them for 10+ years. While I think it's a shame that 2 innocent children are hurt from this, she's the one who decided to get pregnant AFTER she was charged and tried. Any pain those kids suffer are solely due to her not the judicial system.

Edited by Nice Guy Eddie
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The whole process is absurd. Holmes probably remains free most of the summer, and then reports to a prison farm.

Sonny was tried and convicted well after Holmes and he’s at Terminal Island right now. That’s a real federal penitentiary. I did see his attorney was able to keep him out of USP Atlanta which is much worse. 

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Bye bye bye:

https://finance.yahoo.com/amphtml/news/appeals-court-denies-elizabeth-holmes-request-to-stay-out-of-prison-113457150.html
 

Quote

Appeals court denies Elizabeth Holmes' request to stay out of prison

Alexis Keenan

Wed, May 17, 2023 at 6:34 AM CDT

Elizabeth Holmes, founder of the collapsed Silicon Valley blood-testing startup Theranos, has lost a bid to remain out of prison while she appeals multiple convictions of defrauding the company’s investors.

On Tuesday, a three-judge panel for the 9th Circuit Court of Appeals in San Francisco rejected a motion from Holmes’ lawyers asking that the embattled entrepreneur and mother of two be spared from a lower court’s order also denying her request to remain free on bail, pending an appeal of her case.

A date for Holmes to report to prison was not included in the order.

"Appellant’s motion for bail pending appeal is denied," the panel wrote in its decision. It disagreed with Holmes' lawyers who argued in court filings that US District Court Judge Edward Davila, who presided over Holmes' trial, made decisions reflecting "numerous, inexplicable errors.”

The judges wrote that Holmes failed to meet a legal standard that, if satisfied, would weigh in favor of granting continued bail. The standard required Holmes to raise a "substantial question" law or fact from the district court case that, if decided in her favor, would likely lead to a reversal of her four fraud convictions, or a shorter prison term.

In January 2022, a San Jose jury returned guilty verdicts against Holmes on four counts of financial fraud.

Holmes, 39, who dazzled investors and media with the promise of her now defunct blood-testing startup, was found guilty five and a half years after an expose by The Wall Street Journal revealed she had overhyped Theranos’ “finger stick” technology.

Wealthy investors and drug store giant Walgreens poured nearly a billion dollars into the company, which Holmes started in 2003 as a Stanford University dropout. At its peak, Theranos, which promised to perform dozens of blood tests from just a few drops of blood, was valued at $9 billion, making Holmes at the time the world’s first self-made female billionaire.

Judge Davila, who ordered Holmes to serve 11 years and 3 months in federal prison, rejected her previous request to delay her surrender to prison. Her surrender date of April 27, however, was postponed by law because Holmes requested a review of that decision by the appellate court, which has final authority on the matter.

Davila also presided over a separate trial for Theranos’ former president and COO Ramesh “Sunny” Balwani, in which a jury returned guilty verdicts on all 12 counts of wire fraud and conspiracy waged against him. Davilia sentenced Balwani, who was also Holmes' boyfriend, to more than 13 years behind bars. He reported to federal prison in California on April 21.

In a separate decision, also issued Tuesday, Judge Davila ordered Holmes and Balwani to repay $452 million in restitution to investors defrauded in the duo's scheme. The two are jointly liable to repay the penalty. During sentencing, government lawyers suggested that Holmes repay $800 million to defrauded investors.

During sentencing, Davila characterized Holmes’ legal battle — one of the most closely watched in Silicon Valley history — as one that could serve as a lesson for future founders.

“I suppose we step back and ask what is the pathology of fraud? Is it the refusal to accept responsibility or express contrition in any way?" Judge Edward Davila said. "Perhaps that is the cautionary tale that will go forward from this case."

At sentencing, Davila also referenced letters from Holmes’ supporters who highlighted that venture capitalists had grown accustomed to startup failures like Theranos and considered it "normal" to lose 90% of the funds put at risk.

"One thing that was missing from those letters...the letters did not say anything about, nor did they endorse, failure by fraud," Davila said.

Minutes before learning her sentence inside a packed courtroom, Holmes had addressed the court.

"I stand before you taking responsibility for Theranos,” she said. “I loved Theranos. It was my life’s work. My team meant the world to me. They wanted to make a difference in the world. I am devastated by my failings.”

Holmes’ prison sentence represents approximately 14% of the maximum allowable time of 80 years that sentencing guidelines technically permit for her four fraud convictions. Each of those charges allowed for a sentence of up to 20 years, along with $250,000 in fines, plus restitution.

 

Edited by smokebomb
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I know that I do the right and legal thing all the time but the threat of federal time scares me. And I don't even mean the fears of what happens to you in prison but just being locked up makes me shake my head. You hear stories of people getting out of state prison or jail much earlier than sentenced either through good time or overcrowding, etc. However I believe that you have to serve 85% of a federal sentence at the minimum.  A 11 year sentence is 9.3 years at the best for the inmate. That's a long time.

 

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11 hours ago, Nice Guy Eddie said:

 A 11 year sentence is 9.3 years at the best for the inmate. That's a long time.

maybe she shudda thought about that while she was fucking her COO while the two of them conspired to defraud the whole world with her miracle 10 cent testing kit- which she knew damn well couldnt do anything that she claimed it could.

I am not even worried about the numerous folks who lost money betting on her fraud- those guys paid their ticket and took their chances, especially wallstreet. 

But think of all the innocent "regular"  employees who worked for her fake company.   nevermind that they got fucked on the employment front.

They also get double fucked if they spent any length of time actually working for Theranos.    you cant put that shit on your resume.  so you have a 2-5 year gap in your work history that you either try to explain that you worked for x years for one of the biggest fraud companies in the world, or you just leave that work gap there to freak a potential employer out wondering why no one would hire you for x years

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23 hours ago, billfromlaketravis said:

The whole process is absurd. Holmes probably remains free most of the summer, and then reports to a prison farm.

Sonny was tried and convicted well after Holmes and he’s at Terminal Island right now. That’s a real federal penitentiary. I did see his attorney was able to keep him out of USP Atlanta which is much worse. 

Nah, Terminal Island is an FCI, it's a low security facility,  Definitely not a penitentiary.  Only thing lower is a camp, minimum security, and he'll probably qualify for a camp a few years into his sentence.

That raises an issue.  Usually, when someone gets a sentence of more than 10 years, they don't immediately qualify for a camp, if Holmes actually ends up at Bryan.

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22 hours ago, smokebomb said:
Quote

Holmes’ prison sentence represents approximately 14% of the maximum allowable time of 80 years that sentencing guidelines technically permit for her four fraud convictions. Each of those charges allowed for a sentence of up to 20 years, along with $250,000 in fines, plus restitution.

 

It's rare that convictions on multiple counts arising out of the same criminal episode, or sometimes even only somewhat related ones, are stacked or run consecutively.  In fact, it's fairly common for the judge to dismiss all but the most serious count of conviction on sentencing. So, most of the time when you see a report that says a "maximum sentence of 80 years," that's theoretically accurate, but highly, highly unlikely.

ETA:  Any time you see that someone is charged with X counts of crime and faces a maximum sentence of Y years in jail, Y/X gives you a more realistic max, typically.

Edited by TwiceHorn
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Based on her being a sociopath, and her looney parents’ raising her the way they did, perhaps her kids are better off not being around her much during 9 formative years of their young lives to break the cycle. Then again: genetics and that bitch be crazy. 

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Looks like she has to report by May 30th and along with her ex, pay $452 million in restitution:

https://www.axios.com/2023/05/18/theranos-founder-elizabeth-holmes-prison-sentence-may-30

 

Quote

Theranos founder Elizabeth Holmes must start prison sentence May 30

Rebecca Falconer

Former Theranos CEO Elizabeth Holmes walking back to her hotel following a March court hearing in San Jose, California. Photo: Philip Pacheco/Getty Images

Theranos founder Elizabeth Holmes must begin serving her prison sentence by May 30 while she appeals her conviction on charges of defrauding investors in her failed blood-testing startup, a federal judge ruled Wednesday.

In a separate ruling Tuesday, Davilia ordered Holmes and Ramesh "Sunny" Balwani, Theranos' former president and chief operating officer, to pay $452 million in restitution to victims.

The big picture: Holmes was sentenced in November to 11 years and three months in prison for conspiracy and fraud against certain investors and was originally scheduled to begin her prison sentence on April 27, but this was delayed while the appeals court weighed her request.

Balwani was sentenced in December to 12 years and nine months in prison, plus three years of probation, for conspiracy and fraud against certain investors and patients.

Theranos investors included Rupert Murdoch, Oracle founder Larry Ellison, former Education Secretary Betsy DeVos, ex-Defense Secretary Jim Mattis, the Walton family and the Cox family.

 

Edited by smokebomb
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12 minutes ago, Nice Guy Eddie said:

Is it thought that she has $452m or half of that?  Working the prison washing machine at $0.10 per hour is going to be a long time to pay off that restitution.

Restitution is not calculated with reference to the defendants resources, but rather the harm inflicted on victims. 

I'm not sure it's quite enforced/collected like a fine, but rest assured that it more resembles a federal tax debt than other debts. And that means the feds can come along and render you destitute whenever they feel it worthwhile. 

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On 5/19/2023 at 11:15 AM, CooterBrown said:

As long as she doesn’t get divorced from that trust fund guy, she’ll never work and never have wages to garnish.

I believe she has to do 9+ years, right? 85% of an 11 year sentence. I’d imagine the Evans Family will be aggressively shopping a commute or pardon with Biden or the next POTUS in 2024. 
 

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On 5/18/2023 at 1:27 PM, TwiceHorn said:

Restitution is not calculated with reference to the defendants resources, but rather the harm inflicted on victims. 

I'm not sure it's quite enforced/collected like a fine, but rest assured that it more resembles a federal tax debt than other debts. And that means the feds can come along and render you destitute whenever they feel it worthwhile. 

I have been contemplating the issue of restitution.  It is absolutely important, I think, for financial criminals to cough up their ill-gotten gains for return to their victims.  Also, I'm not quite sure victims of financial crimes should be made 100% whole, as many, many times, they are at least somewhat culpable in having made the "investment" in the first place (unrealistic returns, should have known a Ponzi scheme, etc.).

But restitution is ordered in a lot of other cases where the financial aspects of the harm are more tenuous. And that can saddle a defendant with a prison term, a felony record, and a debilitating lifetime debt.

When I say the feds can come and render you destitute, what that means is that any time you accumulate any assets, they can come take your car, empty your bank accounts, and foreclose your home in satisfaction of the restitution debt, in most cases without regard to exemptions, spousal/community property interests, etc.  Alternatively, you get put on some kind of payment schedule that more or less takes your disposable income, preventing you from ever saving and achieving any sort of financial stability.

And this is on top of a  prison sentence and not in any way considered an alternative or mitigation of that sentence.

At some point, we as a nation have to stop being obsessed with punishment and retribution and consider how and whether convicted felons are permitted to exist in our society.  Because right now it's mostly all ass-kicking all the time.

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On 5/17/2023 at 6:55 AM, billfromlaketravis said:

The whole process is absurd. Holmes probably remains free most of the summer, and then reports to a prison farm.

Sonny was tried and convicted well after Holmes and he’s at Terminal Island right now. That’s a real federal penitentiary. I did see his attorney was able to keep him out of USP Atlanta which is much worse. 

 

On 5/18/2023 at 5:54 PM, smokebomb said:

Looks like she has to report by May 30th and along with her ex, pay $452 million in restitution:

https://www.axios.com/2023/05/18/theranos-founder-elizabeth-holmes-prison-sentence-may-30

 

 

I think for Sonny the worst and most humiliating outcome of this ordeal... is having to be referred as her ex

image.png.4bbe16aac2f094f5fa5fc07cc23c1abc.png

 

On 5/18/2023 at 5:22 AM, AUS-97HORN said:

But think of all the innocent "regular"  employees who worked for her fake company.   nevermind that they got fucked on the employment front.

They also get double fucked if they spent any length of time actually working for Theranos.    you cant put that shit on your resume.  so you have a 2-5 year gap in your work history that you either try to explain that you worked for x years for one of the biggest fraud companies in the world, or you just leave that work gap there to freak a potential employer out wondering why no one would hire you for x years

I don't think it's materially bad.  If you are a regular rank and file employee for Lehman, Bear Sterns, Enron, etc, you share minimal complicity to what the executives knew and did. The world largely recognizes it such that it doesnt negatively affect your employability.

And even that said, management of those companies do continue employment elsewhere after their fallout.

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Reported about an hour ago.  Bout fucking time.  She was convicted almost a year and a half ago.  Brazenly tried to have kids thinking they’d never sentence a woman with two young kids.

This wasn’t just about stealing money.  People made health decisions based on what she did.

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