Elizabeth Holmes pleaded with a judge to overturn her Theranos convictions, citing 'insufficient evidence'
Elizabeth Holmeshas asked a judge to overturn her convictions on wire fraudcharges.
- Holmes, depicted in "The Dropout," was convicted on four fraud-related charges in January.
Elizabeth Holmes has pleaded with a judge to overturn her conviction for wire fraud, with her attorney saying there is "insufficient evidence" for any "rational juror" to proceed with the conviction, according to court documents filed on Friday.
In a 24-page filing, lawyers for the
"Because no rational juror could have found the elements of wire
Holmes was convicted on four fraud-related charges in January linked to investments made by hedge fund manager Brian Grossman, the DeVos family, and the former Cravath attorney Daniel Mosley.
She was acquitted on four other counts of wire fraud, while jurors couldn't reach a verdict on three other counts.
Holmes is due to be sentenced on September 26, with each of the charges carrying a maximum prison term of 20 years and a $250,000 fine. She was charged alongside former Theranos president Ramesh "Sunny" Balwani, whose
In the latest filing, lawyers for Holmes said there was no evidence of Holmes and Balwani conspiring to commit fraud against investors.
They wrote: "Even if Ms Holmes committed wire fraud against an investor (she did not) and even if Mr Balwani committed wire fraud against an investor, that does not prove a conspiratorial agreement between them, nor does it prove that Ms Holmes willfully joined any agreement."
The attorneys claimed that only one of the hundreds of texts shown to jurors was linked to representations of an investor:
"But, again, that message, offered through an authenticating witness unable to provide context, provides no inkling that Mr Balwani and Ms Holmes were conspiring to defraud Mr Murdoch," they said.
Holmes dropped out of college at 19 to start Theranos, which attracted a $9 billion valuation at its peak. Her journey was depicted on the Hulu drama "The Dropout" that starred Amanda Seyfried.
Holmes' lawyers argued the investor fraud counts "relies heavily" on the testimony of whistleblower Erica Cheung, but that Cheung testified about failures of Theranos' results before Holmes promoted a later version of its analyzers, the miniLab, to investors.
"Investors with whom Theranos partnered were focused on the long-term goals of the company and its ability to impact health care in the future," they said.
A judge will hear Holmes' appeal in July, before the September sentencing.
The Attorney's Office of San Francisco could not immediately be reached for comment outside normal working hours.
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