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As the date for Elizabeth Holmes to begin serving her sentence approaches, prosecutors and defense lawyers are fighting over whether she should be allowed to stay free while her appeal is resolved.
After a four-month trial, a jury convicted Holmes of four counts of wire fraud and conspiracy based on her false statements about the accuracy and reliability of Theranos' much-touted fingerstick blood-testing technology. The company was based in Palo Alto until it shutdown in 2018.
In November of 2022, Judge Edward Davila of the Northern District of California sentenced Holmes to 135 months in federal prison. Under the judge's order, Holmes must surrender to federal custody on April 27.
In a motion filed after the sentencing, Holmes' lawyers argued that she should be allowed to keep her freedom until a higher court reviews the result. The motion for bail pending appeal argues that there are "substantial questions" about rulings made during trial, such as whether the court improperly admitted evidence that the Centers for Medicare & Medicaid Services issued sanctions after it investigated the Theranos lab, and that a new lab director ordered that all tests run on patients on Theranos machines be voided.
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