Theranos founder Elizabeth Holmes, middle, and her household is surrounded by media as they go away the Robert F. Peckham Federal Constructing and U.S. Courthouse after the jury discovered her responsible on 4 counts of defrauding buyers in San Jose, Calif., on Monday, Jan. 3, 2022. (Shae Hammond/Bay Space Information Group)
The blockbuster Elizabeth Holmes trial reached its much-anticipated climax Monday when jurors discovered the Theranos founder responsible of 4 counts of fraud.
However the saga is much from over. Holmes nonetheless has to deal with sentencing, a possible attraction, and three extra fees the jurors didn’t attain a verdict on.
So what occurs now? Right here’s a take a look at the following steps.
Q. What was Holmes convicted of?
A. A jury discovered Holmes responsible of 4 counts of investor fraud, however acquitted her of 4 counts of defrauding sufferers.
Q. How a lot, if any, time will Holmes spend behind bars?
A. That’s nonetheless an open query. Every of the 4 counts of fraud carry a most sentence of 20 years in jail, however the precise quantity of jail time Holmes will serve can be decided later at a sentencing listening to.
Stanford College regulation professor Robert Weisberg guesses Holmes could also be sentenced to between one and three years in federal jail.
“I’ve been guessing all alongside – and it’s nonetheless a guess – that she’ll get some jail time. Not an enormous quantity,” he mentioned. “The truth that she wasn’t convicted on a majority of the counts argues for a considerably smaller sentence.”
There are a number of components that would result in a extra lenient sentence for Holmes, mentioned former Santa Clara County prosecutor Steven Clark.
“She has so much going for her – the dearth of any file. I’m certain her protection group will put collectively an excellent package deal about her as a brand new mother and somebody who has lived an honorable life apart from this, and it was a nonviolent crime,” he mentioned. “However on the finish of the day, tens of millions and tens of millions of dollars had been misplaced and that’s not going to be misplaced on the sentencing decide or the federal government.”
Q. Is she in custody now?
A. Holmes was not handcuffed or taken into custody following the decision. As an alternative, she exited the courthouse together with her accomplice, Billy Evans, and her household, and stays free.
Choose Edward Davila mentioned he anticipated to set a listening to for subsequent week to rethink Holmes’ bail. Prosecutor Jeff Schenk mentioned the federal government needs her launch circumstances modified so she has to place up money or property, reasonably than simply her signature, to cowl her $500,000 bail.
Q. Why did the decision take so lengthy?
A. The jury spent seven days deliberating whereas anxious court-watchers sat on the sting of their seats. On Monday, the jurors despatched a word to the decide saying they may not come to a unanimous resolution on three of the 11 counts Holmes confronted. U.S. District Court docket Choose Edward J. Davila despatched them again to attempt once more, however 4 hours later, the jurors as soon as once more mentioned they may not attain a consensus. Davila declared a mistrial of solely these three counts, and the jurors delivered the remainder of their verdict.
It’s now as much as prosecutors in the event that they wish to attempt once more to make these three fees stick, however Weisberg doesn’t assume they’ll trouble.
“The gist of the prosecution succeeded,” he mentioned. “The strongest declare was all the time in regards to the buyers. You’ve acquired the massive conspiracy rely about defrauding buyers. It’s not clear that conviction on the unresolved counts would have an effect on the sentence all that a lot.”
And prosecutors probably now wish to flip their consideration to the upcoming trial of Holmes’ alleged co-conspirator, former Theranos president Sunny Balwani, mentioned Michele Hagan, a authorized analyst and former San Francisco Assistant District Legal professional.
In feedback following Monday’s verdict, the prosecution targeted on the crimes Holmes was convicted for, which didn't embrace fees associated to sufferers. “The responsible verdicts on this case mirror Ms. Holmes’ culpability on this large-scale investor fraud and he or she should now face sentencing for her crimes,” Division of Justice spokesperson Abraham Simmons mentioned exterior the courthouse, studying an announcement from regional U.S. Legal professional Stephanie Hinds.
Q. Will Holmes attraction the decision?
A. “Completely,” Hagan predicted. “She ought to attraction. Like each defendant, you wish to guarantee that your conviction can stand. And once more, that conviction just isn't last till the attraction’s last.”