As the found and CEO of failed blood-testing company Theranos, Elizabeth Holmes is expected to report to prison while processing an appeal of her fraud conviction.
Holmes had requested that U.S. District Court Judge Edward Davila allow her to remain outside of prison as she tried to appeal the conviction slated against her, but as announced in a Monday filed ruling, Davila stated that the section of the conviction Holmes is appealing will probably not wind up being overturned. Holmes is now challenging her conviction based on the evidence presented in the trial regarding whether Theranos products “worked as promised,” read a report from NBC News.
“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,” ruled Davila.
Davila highlighted in his ruling that Holmes’ conviction was not made solely based on whether or not her products worked but also in relation to the finances of the company and due to her false claims to groups of investors about what he products actually did.
Davila did state within his ruling that he did not think that Holmes was a flight risk, even though the federal prosecutors unveiled earlier this year that Holmes and her husband had bought a set of one-way tickets out of the country in January 2022 — the very month that she was actually convicted. These tickets were canceled only in the wake of the defense counsel being notified.
“The government anticipates Defendant will note in reply that she did not in fact leave the country as scheduled,” explained prosecutors, “but it is difficult to know with certainty what Defendant would have done had the government not intervened.”
William “Billy” Evans, Holmes’ husband, allegedly made use of his ticket and then came back six weeks later from an entirely different continent.
In that same document, the prosecution highlighted that Holmes “continues to show no remorse to her victims.”
Holmes ended up being found guilty back at the start of 2022 on a total of four of eleven charges of fraud relating to her blood-testing startup and was slammed with a sentence of close to 11 years in prison.
Holmes is slated to head to p[rison on April 27th.