FOLLOW US

Thu

August 6, 2026

America December 25, 2025 4 mins read

Ninth Circuit Rejects Balwani Bid for Rehearing, Clarifies Evidence Supporting Conviction

America ı By Tyler Brooks

0 Comments

Ninth Circuit Rejects Balwani Bid for Rehearing, Clarifies Evidence Supporting Conviction

A Ninth Circuit panel has rejected former Theranos executive Ramesh “Sunny” Balwani’s request for rehearing en banc of his fraud conviction and nearly 13 year prison sentence, while issuing an amended opinion clarifying that there was ample evidence to support the verdict even assuming prosecutors failed to correct a witness’s testimony.

In a 55 page amended opinion issued Monday, the three-judge panel said it unanimously denied Balwani’s May petition for panel rehearing. The full Ninth Circuit was notified of Balwani’s request for rehearing en banc, and no judge called for a vote on whether to reconsider the case.

The denial comes roughly eight months after the same panel rejected a similar en banc rehearing request from former Theranos chief executive Elizabeth Holmes, who is serving an 11 year sentence following her conviction on four counts of investor fraud.

While the panel left most of its original February decision intact, it used the rehearing petition to clarify part of its analysis addressing allegedly inaccurate testimony from investor witness John Bryan Tolbert. The panel had previously affirmed Balwani’s conviction on all 12 counts, including investor fraud, patient fraud, and conspiracy.

On appeal, Balwani argued that his due process rights were violated under the Supreme Court’s 1959 decision in Napue v. Illinois, claiming prosecutors failed to correct false testimony from Tolbert and another investor, Chris Lucas. Balwani said the witnesses misstated Holmes’ representations about Theranos’ military partnerships and comments made during a December 2013 investor call that Tolbert secretly recorded.

In its original opinion, the panel rejected those arguments, finding that Balwani failed to show Lucas’ testimony was false and that any inaccuracies in Tolbert’s statements were likely the result of mistaken recollection. In the amended opinion, the judges elaborated on that reasoning.

“We assume without deciding that the government had a duty to correct the inaccurate statement,” the panel wrote. “Regardless, however, Balwani’s Napue claim fails under plain error review because the testimony did not seriously affect Balwani’s substantial rights.”

The panel emphasized that the jury heard similar testimony from at least two other witnesses who said Holmes claimed Theranos devices were used on medical evacuation helicopters. It also noted that Tolbert acknowledged during cross examination that he did not remember Holmes’ exact wording.

“And despite Balwani continually criticizing the government for not playing the recording of the call, Balwani did not attempt to use the recording to impeach Tolbert,” the panel added.

Balwani’s attorney, Jeffrey B. Coopersmith of Corr Cronin LLP, said Tuesday that defense counsel are reviewing the amended opinion and considering next steps.

“We respectfully disagree with the court’s ruling, including the notion that the prosecution’s failure to correct key testimony it knew was false did not affect Mr. Balwani’s rights,” Coopersmith said.

The government declined to comment.

Balwani and Holmes once led Theranos, the Silicon Valley blood testing startup that claimed it could perform dozens of tests using a small blood sample. The company achieved a valuation of at least $1 billion in 2015 before collapsing in 2018 amid regulatory scrutiny, civil lawsuits, criminal charges, and an SEC investigation.

Although Holmes and Balwani were indicted together, their cases were severed after Holmes accused Balwani, her former romantic partner, of years of sexual, physical, and emotional abuse. The two were tried separately in lengthy jury trials in 2021 and 2022.

Jurors acquitted Holmes of patient fraud charges and deadlocked on some investor fraud counts but convicted her on four counts of investor fraud. Balwani was convicted on all 12 counts against him.

Both defendants began serving prison sentences while appealing their convictions and an order holding them jointly and severally liable for $452 million in restitution to investor victims. In February, the Ninth Circuit affirmed the district court’s rulings in full.

U.S. Circuit Judges Mary Schroeder, Jacqueline Nguyen, and Ryan Nelson sat on the panel.

The government is represented by Robert Leach, Kelly I. Volkar, and Merry Jean Chan of the U.S. Attorney’s Office for the Northern District of California. Balwani is represented by Jeffrey B. Coopersmith of Corr Cronin LLP and attorneys from Orrick Herrington and Sutcliffe LLP.

The case is United States v. Ramesh Balwani, Case No. 22-10338, in the U.S. Court of Appeals for the Ninth Circuit.

Previous Article

Brockman Estate Agrees to Pay $750M to Resolve IRS Tax Dispute

Read More
946 Posts

Tyler Brooks

Tyler is covering the intersection of law, finance, and public policy. With a keen eye for regulatory shifts and market trends, he brings clarity to complex issues shaping the global economy, and drama whenever possible.

Discussion

No comments yet. Be the first to join the discussion!

Arizona January 11, 2025
Kelly Warner Law Firm Blames USA…

In what appears as a desperate attempt to defend multiple…

By – USA Herald
Arizona January 4, 2025
Aaron Kelly Law Firm Resorts To…

Attorney Aaron Kelly and his law partner Daniel Warner are…

By – Jeff Watterson
Arizona December 12, 2024
Arizona Bar Opens Investigation on Attorney…

USA Herald recently reported on a developing story involving Attorneys…

By – Paul O'Neal
America August 5, 2026
Abdul El-Sayed Wins Michigan Senate Primary…

Some victories arrive with a landslide. Others creep across the…

By – Rihem Akkouche
Entertainment August 5, 2026
Perez Hilton Was Hospitalized After Self-Harm

Perez Hilton was hospitalized Tuesday night after a TikTok livestream…

By – Michallie Harrison
Public Corruption August 5, 2026
Alabama Democrats Flip Primary Over $20…

Alabama Democrats flip primary results in Wilcox County after voters…

By – Michallie Harrison
The People's Voice August 5, 2026
Tate Bond Hearing: What the Judge…

Eight days from now, a US magistrate will hear argument…

By – Rochdi Rais
America August 5, 2026
Gangbanger Family Accused of Helping Son…

 A Gangbanger family is at the center of a sweeping…

By – Jackie Allen
America August 4, 2026
Reflecting Pool Damage: DOJ Says Construction…

WASHINGTON (AP) — The controversy over the Reflecting Pool damage…

By – Jackie Allen
America August 4, 2026
Reflecting Pool Damage: DOJ Says Construction…

WASHINGTON (AP) — The controversy over the Reflecting Pool damage…

By – Jackie Allen
America August 4, 2026
P&G acquires supplements maker Thorne for…

Some acquisitions feel like a natural next chapter. Others feel…

By – Rihem Akkouche
America August 4, 2026
Donald Trump attacks oil companies for…

Some fights simmer quietly behind closed doors. This one played…

By – Rihem Akkouche
America August 4, 2026
Texas A&M System sued over limits…

When a secretly recorded classroom confrontation ricocheted across social media…

By – Rihem Akkouche
America August 4, 2026
Thermo Fisher Sued Over 401(k) Snub…

Imagine being handed a retirement plan menu where every single…

By – Rihem Akkouche
America August 4, 2026
American Family Insurance to acquire specialty…

Five years ago, American Family Mutual Insurance Co. quietly took…

By – Rihem Akkouche
America August 4, 2026
Build Your Dreams: Chinese EV Giant…

Build Your Dreams, better known by its initials BYD, has…

By – Jackie Allen
America August 4, 2026
Spokane Wildfires: Arson Charge Filed as…

SPOKANE, Wash. (AP) — The Spokane wildfires have left widespread…

By – Jackie Allen
America August 3, 2026
Illegal Immigrant Arrested by ICE in…

A Guatemalan illegal immigrant accused of rape and several other…

By – Jackie Allen
America August 3, 2026
AI Cheating Debate Grows After Mississippi…

AI Cheating has become the center of a national conversation…

By – Jackie Allen
America August 2, 2026
Key Evidence Claims in Bryan Kohberger…

The latest claims surrounding key evidence in the Bryan Kohberger…

By – Jackie Allen
America August 1, 2026
JK Rowling Wins Apology After Amnesty…

JK Rowling has received a public apology from Amnesty International…

By – Jackie Allen
America August 1, 2026
JK Rowling Wins Apology After Amnesty…

JK Rowling has received a public apology from Amnesty International…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
America July 31, 2026
Curiosity Rover Finds Vast Martian Honeycomb…

NASA’s Curiosity rover has discovered an extraordinary expanse of honeycomb-like…

By – Jackie Allen
America July 30, 2026
Amish Community Murder: Ohio Man Pleads…

An Amish Community murder case which stunned Ohio has ended…

By – Jackie Allen
America July 30, 2026
E. Jean Carroll Case: Trump Asks…

President Donald Trump has asked the U.S. Supreme Court to…

By – Jackie Allen
America July 29, 2026
Netflix Releases The Idaho Murders: College…

BOISE, Idaho — The Idaho Murders: College Nightmare is a…

By – Jackie Allen
America August 2, 2026
Iran’s Alien Files? Tehran’s U.S. Conspiracy…

INSIDE THIS REPORT Iranian media once promoted an extraordinary claim…

By – Samuel Lopez
America July 31, 2026
Sainsbury to Sell Argos for £120m…

Sainsbury’s has finally reached the finish line on something it’s…

By – Rihem Akkouche
America July 30, 2026
Show Me the Money: Accuser in…

INSIDE THIS REPORT Aleksandra Vasilevna Mendoza is pushing Kick to…

By – Samuel Lopez
America July 30, 2026
Kohberger Gets New Taxpayer-Funded Lawyer as…

INSIDE THIS REPORT Kohberger has been appointed counsel for post-conviction…

By – Samuel Lopez
America July 30, 2026
Milwaukee Lawyer Gets 21 Years After…

INSIDE THIS REPORT — A Milwaukee jury convicted attorney Robert L.…

By – Samuel Lopez
America July 30, 2026
AI-Assisted Pro Se Litigant Faces Off…

INSIDE THIS REPORT A pro se plaintiff using AI tools…

By – Samuel Lopez
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
Health July 17, 2026
Taylor Farms Linked to Third Major…

Taco Bell became the public face of a massive Cyclospora…

By – Michallie Harrison
America July 4, 2026
Beach Closures Expand Across Long Island…

Beach Closures were spread across parts of New York just…

By – Jackie Allen
Health July 2, 2026
The Hidden Science Behind Why Your…

For millions of people, the first conscious act of the…

By – Tyler Brooks
Health July 2, 2026
The High Cost of the Infinite…

A significant legal chapter is closing for one of the…

By – Tyler Brooks
Health July 2, 2026
Kentucky Medicaid Alert How The Upcoming…

A significant change is arriving for thousands of Kentucky residents…

By – Tyler Brooks
Sports July 31, 2026
FIFA World Cup Stake Sale Sparks…

The proposed FIFA World Cup stake sale has triggered a…

By – Michallie Harrison
America July 28, 2026
5 of the Best Free-to-Read Online…

Online Comic Books have changed the way readers discover superheroes,…

By – Jackie Allen
America July 25, 2026
Human Trafficking Operation Nets 15 Arrests,…

SHELBY COUNTY, Ala. — A human trafficking operation in north…

By – Jackie Allen
America July 25, 2026
Adrien Broner Hit With Sexual Battery…

INSIDE THIS REPORT Havana Saint accuses Adrien Broner of sexual…

By – Samuel Lopez
Sports July 22, 2026
Why the Hungarian Grand Prix Never…

The lights go out and twenty-two Formula 1 cars explode…

By – Theresa Jardim
America July 21, 2026
Professional Boxer Killed in Texas Bicycle…

Hannah Rapp, a rising professional boxer who recently challenged for…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter