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Biotech The Courts

Court Unanimously Denies Theranos Founder Elizabeth Holmes' Request For Rehearing (cnbc.com) 33

Elizabeth Holmes has lost her bid to have the appeal of her 2022 fraud conviction reheard by the 9th Circuit Court of Appeals, leaving the U.S. Supreme Court as her final option. She and former Theranos executive Sunny Balwani remain liable for $452 million in restitution, while Holmes continues serving her 11-year sentence. CNBC reports: The 9th Circuit U.S. Court of Appeals denied Holmes' request for a rehearing before the original three-judge panel that upheld her conviction. At the same time, the court said no judge on the circuit court had asked for a vote on whether to have the full court rehear the appeal.

Holmes, 41, was sentenced in January 2023 to 11 years and 3 months in prison after being found guilty of four counts of wire fraud in January 2022. She was found guilty of deceiving investors about the capabilities of Theranos, the blood-testing company she founded in 2003. The company crumbled after a Wall Street Journal story outlined the firm's struggles and shut down in 2018.

Court Unanimously Denies Theranos Founder Elizabeth Holmes' Request For Rehearing

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  • by rsilvergun ( 571051 ) on Friday May 09, 2025 @09:35PM (#65365551)
    Along with Bernie Madoff and George Santos she fucked with the real money people.

    Here in America you can rip off all the little ladies you want but if you make a fool out of somebody with a billion dollars your ass is grass. She's honestly lucky she's not going to die in prison.

    Just like how nobody cared how many peasant girls countess bathory killed but as soon as she went after Noble girls she was bricked up.
    • by Tailhook ( 98486 )

      nobody cared how many peasant girls countess bathory killed

      Wow. Had to go back to the 16th century for that one, huh? Until a few years ago, you had grooming gangs using little white girls all over the UK, and no one cared at all. They still don't. Caring means looking at certain unseeable demographic peculiarities.

      • At least make it fun. Like the furry litter boxes.

        And no matter how much you suck up to Trump he's not going to let you join in on the Epstein parties. And if you try to throw one yourself you going to go to jail. And it still won't be a drag queen.
    • People take money from rich people all the time without consequences, that's how venture capital works.

      She took money from rich people in the wrong way.
    • Whether or not your rant about rich people is true, she fully deserved every year of her sentence. I don't excuse her ONE BIT for ripping off "the evil rich people." She also hurt a whole lot of regular people, either tricking them into thinking they were disease-free, or tricking them into thinking they had diseases they didn't.

  • How the F did they blow through $452 million in what .. 5 years? That doesn't even seem possible.

    • Literally(*) peanuts, if you look at how much Meta and OpenAI are blowing through in a year...

      (*) pedant martin here: Not literally of course, but a metaphor, transmogrified by modern usage....(sigh.)

      • (*) pedant martin here: Not literally of course, but a metaphor, transmogrified by modern usage....(sigh.)

        Golly mister Martin, "modern usage" is ephemeral, dontcha no?

    • Hiring 800 people (Theranos peak), spending ~110 k on them per year over 5 years, gives this amount. Of course Theranos did not have 800 people continuously, and not all were high pay people, but they also had expensive R&D to pay for.

    • Well it gets pricey paying other companies to do all your lab results.

  • by ApproachingLinux ( 756909 ) on Friday May 09, 2025 @10:08PM (#65365599)
    if she misses with the Supreme Court, she can still kiss up to President Trump (or his successors) for a pardon (sigh)
    • by schwit1 ( 797399 )

      If she got pardoned there then a US state could go after her?

      • by mysidia ( 191772 ) on Friday May 09, 2025 @10:43PM (#65365653)

        She committed these acts, and the fraud was discovered more than 7 years ago, so probably no state can go after her, unless they have already started proceedings. I'm sure in the event this offender managed to secure a pardon from the weirdo in the White house; by the time that happens it will be already
        too late for the states to do anything.

        Most states have a statute of limitations about 3 years for criminal fraud, Unless the fraud is tax evasion or defrauding the government
        which has no time limit. I believe the state with the longest time period on that is Texas which is 7 years. They can begin prosecution for a Fraud that happened up to 7 years ago.

      • Wouldn't that go against "non bis in idem"?

    • She might have to kiss Trump instead of kissing up to him.
    • You know he already called her and told her exactly what she needs to do to him to get a pardon. Be real here.

    • by linuxguy ( 98493 )

      This is the approach that the convicted founder of Nikola took. Donated money to Trump. Trump pardoned him. When Trump was asked about it, he said he didn't know much about the guy, but heard that he likes Trump. So, there is that. It appears that unless you actually murdered someone, a pardon can currently be purchased. And a little bit of ego stroking doesn't hurt either.

  • by schwit1 ( 797399 ) on Friday May 09, 2025 @10:31PM (#65365627)

    She risked peoples lives with her scam. She should never get out as a message to others.

    • by linuxguy ( 98493 )

      Should and could are different things. She can purchase her freedom. "Donate" $1m to Trump and call him the best president ever. This is what the Nikola founder, who was also convicted of fraud, did. And it worked.

    • She should never get out as a message to others.

      And that is everything wrong with the legal system in America. You treat it as a punitive punishment alone rather than rehabilitation. The problem with this is when all punishment becomes extreme then there's no point in wasting time on small stuff.

      Smoke a joint, go to prison, end up with a record that prevents me getting a job when I get out fucking my life up likely putting me in prison again. Why would I mess with that small shit when I can just kill a guy and get the same punishment.

      She risked peoples lives with her scam.

      As shitty as it is,

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