The disgraced founder of sham blood testing company Theranos is appealing a court ruling that requires her to report to prison as her case grinds through courts. Elizabeth Holmes was sentenced to 135 months in prison after being found guilty of three counts of wire fraud and one count of conspiracy in a US district court in San Jose, California, four years after the once high-flying Theranos was shuttered. Holmes’s attorneys appealed her conviction based on, among other things, purported errors made by the judge during the trial and an odd visit to Holmes’s residence by a prosecution witness after the trial. Her lawyers requested Holmes’ incarceration be postponed until after the appeal was decided, and her partner, Billy Evans, also requested the sentence be delayed to enable her to care for their two small children, both of whom were born after her indictment. But Judge Edward Davila, who oversaw the trial, denied the request, claiming that the issues raised are not sufficient to warrant overturning the conviction even if they have merit. Theranos’s former COO, Ramesh (Sunny) Balwani, who was found guilty of 12 counts of fraud, tried a similar tactic, but failed and is now serving 13 years in a California prison. Yet to be decided is the amount of money Holmes and Balwani must pay as restitution to defrauded investors. Prosecutors are asking for more than $800 million.
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