Elizabeth Holmes, the founder of Theranos Inc., was denied her plea for a new trial by a federal court, setting the way for her sentence on fraud charges later this month.
In a judgement late on Monday, U.S. District Court Judge Edward Davila said Holmes had failed to prove that there had been improper behaviour by the government throughout her trial.
After learning about a key witness visiting Holmes’ home, Davila granted an emergency hearing and postponed Holmes’ sentence last month. Adam Rosendorff, a former Theranos lab director, allegedly informed Holmes’ current partner, William “Billy” Evans, that his testimony during the trial had “done something terrible.” However, Rosendorff stated that Holmes “has to pay her due to society” for the activities she took while running the company at the emergency hearing on October 17.
“The court believes Dr Rosendorff’s comments under oath to be believable,” wrote Judge Davila on Monday.
Four charges of fraud against Holmes will result in a sentence on Nov. 17; the maximum term for each count is 20 years in prison. She promoted Theranos for years as a ground-breaking means for patients to use blood tests to learn about their medical concerns, only for the firm to come out as a complex ruse. Jan. saw her conviction.
An inquiry for comment was not immediately answered by Holmes’s attorney. When asked if she was pregnant following the October hearing, Holmes, 38, did not answer but instead grinned warmly, according to the Associated Press. Holmes has been free on bail. A few months before her trial started, she gave birth to a son with Evans.
Ramesh “Sunny” Balwani, Holmes’ former business and love interest, is scheduled to be jailed for his involvement in the Theranos fraud on December 7.