# The trial of Elizabeth Holmes (Theranos)\[sentenced to 11+ yrs, 18Nov2022\] **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [July 10, 2021, 4:42am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138 "2021-07-10T04:42:39Z")\ **Posts on this page:** 20\ **Page:** 19
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [November 18, 2022, 10:11pm UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/361 "2022-11-18T22:11:16Z")
The judge is laying into her/ ---
**Author:** ![TroutMan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/troutman/32/6721_2.png) [@TroutMan](https://boards.straightdope.com/u/TroutMan)\ **Post date:** [November 18, 2022, 10:11pm UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/362 "2022-11-18T22:11:32Z")
A zinger from the judge: “What is the pathology of fraud? Is it the inability to accept responsibility?” Sounds like he isn’t buying into her “apologies”. ---
**Author:** ![TroutMan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/troutman/32/6721_2.png) [@TroutMan](https://boards.straightdope.com/u/TroutMan)\ **Post date:** [November 18, 2022, 10:14pm UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/363 "2022-11-18T22:14:57Z")
Sentenced to 11 years, 3 months. ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [November 18, 2022, 10:17pm UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/364 "2022-11-18T22:17:55Z")
I was a manufacturing engineer for 30 years and I specialized in, among other things, the development and release to production of leading edge consumer electronics. I am more qualified than most people to have an opinion on what happened. What Holmes and Balwani did is ridiculously out of the norm. I am beyond disgusted. Erika Cheung is in the pantheon of my heroes. 11+ years is about right. And Sunny needs to get more. ---
**Author:** ![TroutMan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/troutman/32/6721_2.png) [@TroutMan](https://boards.straightdope.com/u/TroutMan)\ **Post date:** [November 18, 2022, 10:29pm UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/365 "2022-11-18T22:29:12Z")
The judge previously said the “guideline calculation” for sentencing was 135-168 months. Does the possibility of appeal enter in to his decision to go with the lowest end of this range? As in, it encourages the defendant to not appeal because they would be risking a longer sentence? ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [November 19, 2022, 1:12am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/366 "2022-11-19T01:12:08Z")
Is Holmes eligible for any sentence reduction other than 15% off for good behavior?\* \*assuming she doesn’t lose good time for spilling watercolors during painting class, or taking a dump on the tennis court. ---
**Author:** ![Dr.Strangelove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr.strangelove/32/6613_2.png) [@Dr.Strangelove](https://boards.straightdope.com/u/Dr.Strangelove)\ **Post date:** [November 19, 2022, 1:17am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/367 "2022-11-19T01:17:39Z")
> [@TroutMan](#): > > Sentenced to 11 years, 3 months. That’s not all! She also has to pay a $400 fine. [https://www.cnn.com/2022/11/18/tech/elizabeth-holmes-theranos-sentencing/index.html](https://www.cnn.com/2022/11/18/tech/elizabeth-holmes-theranos-sentencing/index.html) > The sentence also includes a fine of $400, or $100 for each count of fraud. ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [November 19, 2022, 1:33am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/368 "2022-11-19T01:33:56Z")
> [@Dr.Strangelove](#): > > That’s not all! She also has to pay a $400 fine. I think CNN forgot to tack on a ‘million’ there. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [November 19, 2022, 1:45am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/369 "2022-11-19T01:45:06Z")
Restitution is yet to be determined: > [@](#): > > The judge on Friday determined that she actually caused $121m in losses to investors, including Rupert Murdoch, the family that owns Walmart and the CEO of Wells Fargo bank. The amount she will be required to repay will be determined at a later court hearing. > **[Theranos founder Elizabeth Holmes jailed for fraud](https://www.bbc.com/news/world-us-canada-63685131)** > > Holmes, who is pregnant, tearfully told the court she felt "deep pain" for victims of the fraud. ---
**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\ **Post date:** [November 19, 2022, 1:47am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/370 "2022-11-19T01:47:53Z")
> [@Folly](#): > > I think CNN forgot to tack on a ‘million’ there. No, remarkably they actually got their facts correct in this case: > Judge Edward Davila imposed a sentence of 11 years and three months in prison, with another three years of supervision after Holmes is released. _ **The sentence also includes a fine of $400, or $100 for each count of fraud.** _ Restitution will be set at a later date. Holmes was ordered to turn herself into custody on April 27, 2023. She is expected to appeal her conviction. > > Holmes, who was [found guilty in January on four charges of defrauding investors](https://www.cnn.com/2022/01/03/tech/elizabeth-holmes-verdict/index.html), faced up to 20 years in prison as well as _ **a fine of $250,000 plus restitution for each count** _. The reality is that Holmes actually has nothing; all of her wealth, so to speak, was actually in Theranos. Nobody is squeezing anything from that root vegetable. Given the multitude of lives she has affected—not just investors but employees who presumably signed on in genuine expectation that Theranos was an actually up-and-up venture, and whose credibility is now shot by association even if they did their best work in support of the company—eleven years of incarceration is a pittance. Stranger ---
**Author:** ![Dr.Strangelove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr.strangelove/32/6613_2.png) [@Dr.Strangelove](https://boards.straightdope.com/u/Dr.Strangelove)\ **Post date:** [November 19, 2022, 1:52am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/371 "2022-11-19T01:52:07Z")
I’ll bet she could auction off some of those turtlenecks for $400, though. ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [November 19, 2022, 2:09am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/372 "2022-11-19T02:09:39Z")
> [@Stranger\_On\_A\_Train](#): > > No, remarkably they actually got their facts correct in this case: Is that different than the $400M from this article? > **[Elizabeth Holmes, Theranos founder, sentenced to 11.25 years in prison](https://finance.yahoo.com/news/elizabeth-holmes-theranos-founder-sentenced-to-1125-years-in-prison-222816236.html)** > > Elizabeth Holmes, founder and CEO of the collapsed Silicon Valley blood testing company, Theranos, has been sentenced to 11.25 years in prison. ---
**Author:** ![Dr.Strangelove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr.strangelove/32/6613_2.png) [@Dr.Strangelove](https://boards.straightdope.com/u/Dr.Strangelove)\ **Post date:** [November 19, 2022, 2:28am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/373 "2022-11-19T02:28:35Z")
I think it’s actually $400. A fine is not restitution, and the restitution part comes later. The fine appears to be capped at $250k per incident. Most sites don’t appear to be giving the fine at all, hinting that it’s likely negligible. Perhaps the Yahoo author misunderstood. The official sentencing docket doesn’t appear to be online yet, but I expect it to show up here: > **[USA v. Holmes | United States District Court, Northern District of California](https://www.cand.uscourts.gov/judges/davila-edward-j-ejd/usa-v-holmes/)** > > \[et\_pb\_section fb\_built=”1″ \_builder\_version=”3.22″ global\_colors\_info=”{}”\]\[et\_pb\_row \_builder\_version=”3.25″ max\_width=”800px” module\_alignment=”center” use\_custom\_width=”on” custom\_width\_px=”800px” global\_colors\_info=”{}”\]\[et\_pb\_column type=”4\_4″... ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [November 19, 2022, 2:30am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/374 "2022-11-19T02:30:50Z")
The ‘special assessment’ language reads strange to me. That doesn’t ping as a fine or as restitution. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [November 19, 2022, 4:31am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/375 "2022-11-19T04:31:32Z")
> [@Stranger\_On\_A\_Train](#): > > … > but employees who presumably signed on in genuine expectation that Theranos was an actually up-and-up venture, and whose credibility is now shot by association even if they did their best work in support of the company > … I can see her immediate deputies being tarnished with her brush. There is a level at which, even if you were privy to no evil secrets, you had to know major league BS and bad faith dealing was afoot. OTOH, there were / are dozens or hundreds of people a couple or few levels down the food chain who were doing whatever they did with whatever skill and verve they had. They effectively played no part in the crime and had no hand in the evil, nor knowledge of it. Why would / should their reputations be tarnished any more than that of the investors or the duped customers should be? ---
**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\ **Post date:** [November 19, 2022, 4:41am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/376 "2022-11-19T04:41:20Z")
> [@LSLGuy](#): > > Why would / should their reputations be tarnished any more than that of the investors or the duped customers should be? It doesn’t matter if they “should be”; if you have the name “Theranos” on your resume as an employer, you will be damaged goods by association regardless of your specific contributions to their dissimulation. Stranger ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [November 19, 2022, 4:45am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/377 "2022-11-19T04:45:05Z")
OK. Finally got around to looking it up. Special assessments are statutory and only apply to federal convictions. And it really is only $100 per felony. > **[18 U.S. Code § 3013 - Special assessment on convicted persons](https://www.law.cornell.edu/uscode/text/18/3013)** ---
**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\ **Post date:** [November 19, 2022, 6:15am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/378 "2022-11-19T06:15:08Z")
> [@Jackmannii](#): > > Is Holmes eligible for any sentence reduction other than 15% off for good behavior?\* My understanding is that people convicted of Federal crimes don’t get sentences reduced in the same way as people convicted of crimes in state courts. From [here](https://www.carmichaellegal.com/federal-sentencing-reductions#:~:text=While%20it%20provides%20only%20a,for%20each%20year%20in%20prison.). > [@](#): > > While it provides only a limited reduction, federal prisoners can earn up to 54 days off of their federal prison sentence each year for “good behavior.” This essentially means that if a prisoner follows the rules and does not get into trouble, they can have their sentence reduced by a few weeks for each year in prison. ---
**Author:** ![Dr.Strangelove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr.strangelove/32/6613_2.png) [@Dr.Strangelove](https://boards.straightdope.com/u/Dr.Strangelove)\ **Post date:** [November 19, 2022, 7:24am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/379 "2022-11-19T07:24:16Z")
> [@Folly](#): > > OK. Finally got around to looking it up. Thanks for doing the legwork. I can see that the Yahoo article was updated at some point as well (disappointingly, without any apparent indication that something was changed). Eh, what’s 6 orders of magnitude between friends? ---
**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\ **Post date:** [November 19, 2022, 11:03am UTC](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138/380 "2022-11-19T11:03:41Z")
What I don’t understand is how she’s allowed to roam free until April, when she has to turn herself in to begin her sentence. Is it because she’s pregnant? I would think that anyone facing 11 years of incarceration and ruinous restitution would be a serious flight risk. [Previous page](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138.md?page=18) [Next page](https://boards.straightdope.com/t/the-trial-of-elizabeth-holmes-theranos-sentenced-to-11-yrs-18nov2022/946138.md?page=20)