What’s next for Elizabeth Holmes?

After the jurors were freed, Holmes, wearing a mask and appearing impassioned, walked down the line of his supporters into the San Jose courtroom. She hugged each one with a hand on his shoulder and a pen in his hand, beginning with his partner Billy Evans, then his mother, his father and friends.

Simultaneously, Holmes, 37, began the next chapter of his life when the rare Silicon Valley founder was tried and convicted for fraud. Once hailed for his ambitious promise of building technology as the next Steve Jobs that could test a variety of conditions with a few drops of blood, Holmes now faces the prospect of years in prison. Used to be.

What’s next for Holmes and his high-profile court case, which lasted nearly four months.

Holmes was found guilty of one count of conspiracy to defraud investors, as well as three wire fraud counts involving specific investors. But the jury also determined that Holmes was not guilty of three additional counts related to defrauding patients and one count of conspiracy to defraud patients—part of the government’s case that he compared to his case involving investors. Spent relatively little time in

Jury members did not return verdicts on three federal wire fraud cases involving other investors — each of whom had invested in Theranos in its early days and then later, with their subsequent investments in the counts in question.

The court indicated in a filing Tuesday that it had declared a wrongful trial for three cases that the jurors could not agree on. Next, the prosecution would decide whether it intended to try Holmes again on those charges – some legal experts indicated they would almost certainly drop it at this point, as the guilty verdict was returned in four counts. was given. Once this is settled, the conversation will turn to the conviction of Holmes.


According to the indictment, Holmes faces up to 20 years in prison for each count, which is likely to run together. But that doesn’t mean he’ll get the maximum penalty, or anywhere near it. The judge will ultimately decide as he sees fit, citing the sentencing guidelines.

“Judges are not bound by the resulting sentencing threshold, but it is likely to frame the parties’ arguments on sentencing,” said Miriam Baer, ​​a professor at Brooklyn Law School, “many factors play into Holmes’ possible sentencing.” Which will be determined by Judge Edward Davila.

Shan Wu, a criminal defense attorney and a former federal prosecutor, said he would expect any jail time to be “primarily” on the lower end because of Holmes’ “lack of criminal history.” But he added that the dollar amount of damages associated with the wire fraud charges is significant, and will be a factor in punishment.

possibility of appeal

While the defense hasn’t filed a notice of appeal, legal experts say it’s on the horizon, potentially affecting how quickly Holmes ends up serving his prison sentence.

According to George Demos, a former Securities and Exchange Commission prosecutor and assistant law professor at the UC Davis School of Law, issues that can be raised as grounds for appeal include “wrong jury instruction or improper evidence judgment by a court.” “May be involved. Example.

While the outcome of an appeal can be delayed, Kerry Axel, a trial attorney for Weymaker and a former federal prosecutor, said that “criminal convictions are rarely overturned, and the fact that the jury has divided the verdict” It will underline how carefully it did its job.”

free on bond

After the verdict, Holmes was not taken on remand and remains free on bond.

In discussing matters following the verdict, prosecutor Jeffrey Schenk indicated that the government would like to change the condition of Holmes’ release to a secured bond. That means he’ll need to post something of value — “either in the form of property or cash, if that’s available,” Schenk said — such that he shouldn’t show up in court for future proceedings, having it confiscated. can go.

The date of January 12 was fixed for disposal of the matter.

When she left the courtyard at around 5.30 pm local time on Monday, Holmes was bombarded by cameras and journalists. Entering most days, Holmes went hand in hand with his mother and his partner, Billy Evans, who joined hands with Holmes’ father and a friend to form a human chain.


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