Judge Rejects Push to Overturn Elizabeth Holmes Guilty Verdict

Elizabeth Holmes is a step closer to getting time in prison for her fraud at Theranos after her Hail Mary attempt to have her conviction thrown out was denied.

In May, Holmes had asked the federal judge in her case, Edward Davila, to overturn her guilty verdict on counts of wire fraud and conspiracy. She argued that there was "insufficient evidence" for any "rational juror" to convict. On Thursday, Holmes appeared in court again as Davila heard from attorneys on the prosecution and defense regarding the matter.

In January, Holmes was found guilty on three counts of wire fraud and one count of conspiracy to commit wire fraud, following a months-long trial that gripped Silicon Valley.

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Holmes' team also said there wasn't enough evidence to show that Holmes intended to defraud patients and investors or that she conspired to do so with her ex-boyfriend and Theranos' former president and COO, Ramesh "Sunny" Balwani.

A request to toss out a conviction is common from defendants in white-collar cases, like Holmes. They're also usually denied. In July, following a separate trial, Balwani was convicted on all 12 charges against him, including 10 counts of wire fraud and two counts of conspiracy to commit wire fraud. Holmes' sentencing is scheduled for October 17, and Balwani's is set for November 15. Each could face up to 20 years in prison for each count on which they were convicted.

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