FOLLOW US

America February 24, 2025 4 mins read

Elizabeth Holmes’ 9th Circuit Theranos Fraud Conviction Upheld in Landmark Ruling

America ı By Rihem Akkouche

0 Comments

Elizabeth Holmes 9th Circuit Theranos Fraud

In a resounding legal blow, a Ninth Circuit panel on Monday affirmed the criminal fraud convictions of former Theranos CEO Elizabeth Holmes and former executive Ramesh "Sunny" Balwani, cementing their respective 11-year and nearly 13-year prison sentences. The three-judge panel dismissed arguments that the lower court had made crucial evidentiary missteps that prejudiced the jury.

Judicial Panel Stands Firm on Evidence Rulings

A 54-page decision, penned by U.S. Circuit Judge Jacqueline Nguyen, upheld U.S. District Judge Edward Davila's numerous evidentiary rulings that Holmes and Balwani had challenged during their separate but parallel trials. While the appellate court acknowledged that some layperson witnesses may have been improperly allowed to offer expert testimony, it deemed these errors "harmless."

The court further upheld an order mandating the two defendants to jointly pay $452 million in restitution to 14 Theranos investors—including a staggering $125 million to media tycoon Rupert Murdoch and $100 million to RDV Corp, the DeVos family's investment firm. Both Holmes and Balwani are currently serving their sentences.

Theranos: A Cautionary Tale of Silicon Valley’s Fall from Grace

Once heralded as a game-changing Silicon Valley unicorn—reaching a valuation of over $1 billion in 2015—Theranos collapsed spectacularly in 2018 amid a flurry of lawsuits, regulatory scrutiny, and public outrage. The company had promised to revolutionize blood testing with a mere finger prick, but prosecutors argued that the technology never worked as advertised.

Though indicted together, Holmes and Balwani faced separate trials after Holmes alleged that Balwani—her former business partner and romantic partner—had subjected her to years of emotional, physical, and sexual abuse. Their trials stretched across 2021 and 2022, culminating in convictions on multiple fraud charges. Holmes was convicted on four counts of defrauding investors, while Balwani was convicted on all 12 counts against him.

Failed Appeals and Harmless Errors

In their appeals, Holmes and Balwani argued that Judge Davila had committed evidentiary errors that unfairly influenced the jury. Holmes’ attorney, Amy Mason Saharia, contended that the court's directed verdict form obscured which investor misrepresentations the jury relied on. Meanwhile, Balwani’s legal team, led by Jeffrey B. Coopersmith, argued that the government had unfairly altered its indictment to include claims about conventional third-party blood-testing devices.

The Ninth Circuit rejected these claims, concluding that any errors in evidentiary rulings did not alter the trial's outcome. Notably, the panel scrutinized testimony from Dr. Kingshuk Das, a former Theranos lab director, who was allowed to provide expert-like testimony without a pretrial Daubert hearing. The court agreed that Das’ insights were "highly specialized knowledge," but ruled that his testimony was ultimately nonessential to the case's core fraud allegations.

Government’s Case Against Holmes and Balwani Holds Firm

The appellate judges found that prosecutors presented substantial evidence proving Holmes and Balwani had misled investors about Theranos' financial health, its reliance on third-party testing devices, and its purported partnerships with Walgreens, the military, and major pharmaceutical companies.

Additionally, the panel affirmed the admissibility of a damning 2016 report from the U.S. Centers for Medicare & Medicaid Services (CMS), which highlighted glaring deficiencies in Theranos’ lab operations. The court reasoned that the report was relevant in establishing Holmes’ awareness of the lab’s unreliability—even if it was released after the alleged fraud period.

Restitution and Investor Losses: A Final Nail in the Coffin

The court rebuffed Holmes and Balwani’s argument that the sentencing judge should have applied a lower legal standard in calculating investor losses. The Ninth Circuit upheld the existing standard, citing a 2023 precedent in United States v. Lucas, which reaffirmed the requirement for clear and convincing evidence in sentencing enhancements.

However, in a minor concession, the appellate panel acknowledged a miscalculation in the $452 million restitution order, as investors technically retained their Theranos shares even after the company’s collapse. Nonetheless, the court deemed this error "harmless," emphasizing that the shares had become effectively worthless.

What’s Next for Holmes and Balwani?

This decision leaves Holmes and Balwani with dwindling legal options. They could seek an en banc review from the full Ninth Circuit or petition the U.S. Supreme Court—though the likelihood of either court intervening remains slim.

As of now, the once-celebrated tech visionary and her former right-hand man remain behind bars, their legacies forever stained by one of Silicon Valley’s most infamous fraud scandals.

Previous Article

Lawsuit Alleges D.C. Psychiatric Hospital Committed Patients to Boost Profits

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

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

Don’t Miss It
America November 12, 2026 1 killed, 4 hurt in Logan Circle gym attack By – Rachel Moore
America November 12, 2026 Dan Hicks, NBC Sports announcer, dies at 64 By – Rachel Moore
America November 11, 2026 Brooklyn Building Collapse Kills 2 as Rescuers Search Rubble By – Michallie K Harrison
America November 11, 2026
A Veterans Day Betrayal: House Advances…

OPINION | The Republican-led House marked Veterans Day by advancing…

By – Michallie K Harrison
America November 11, 2026
Trump’s SNAP Cuts: What’s Law and…

President Donald Trump’s administration is proposing new SNAP cuts that…

By – Michallie K Harrison
America November 11, 2026
Nvidia’s China Chip Scandal Deepens As…

By Samuel López | USA Herald A Chinese university closely…

By – Samuel Lopez
America November 11, 2026
Jim Jordan Ousts Steve Scalise to…

House Republicans on Tuesday elected Rep. Jim Jordan of Ohio,…

By – Derek Johnson
America November 11, 2026
Rate Hikes Are Back on the…

A hotter-than-expected October inflation report has pushed the 10-year Treasury…

By – Derek Johnson
America November 11, 2026
Russia and Ukraine Agree to the…

Russia and Ukraine agreed Wednesday to what U.S. negotiators called…

By – Derek Johnson
America November 11, 2026
AI Godfather Warns of Chernobyl-Style Blackout…

By Samuel López | USA Herald | November 11, 2026…

By – Samuel Lopez
America November 11, 2026
Home Depot Hit With Lawsuit Over…

ATLANTA (USA Herald) – Home Depot received approximately $730 million…

By – Samuel Lopez
America November 10, 2026
U.S. Soldier Arrested in U.K. in…

British police arrested a senior U.S. Army soldier Tuesday near…

By – Michallie K Harrison
America November 10, 2026
Oil Giants Earn $25 Billion as…

ExxonMobil and Chevron earned a combined $25.3 billion in the…

By – Michallie K Harrison
America November 10, 2026
Thomas Markle’s Latest Crisis: Meghan’s Estranged…

Thomas Markle, the estranged father of Meghan, the Duchess of…

By – Jackie Allen
America November 10, 2026
Colts agree to trade WR Josh…

Josh Downs is officially getting the fresh start he wanted.…

By – Rachel Moore
America November 10, 2026
US Sues Lyft Over Alleged Disability…

The U.S. Department of Justice has taken Lyft to court,…

By – Rachel Moore
America November 10, 2026
Insurtech Firm Reports Higher Quarterly Deficit…

Insurtech company Lemonade recorded a net loss of approximately $43.7…

By – Rachel Moore
America November 10, 2026
Senior US Soldier Arrested by UK…

A senior member of the U.S. Army has been arrested…

By – Tyler Brooks
America November 10, 2026
Vitamin K Deficiency Bleeding: Why the…

A single injection administered in the first hours of life…

By – Tyler Brooks
America November 10, 2026
Texas Man Charged With Murder in…

A cruise vacation took a horrifying turn when a woman…

By – Tyler Brooks
America November 10, 2026
Pete Hegseth faces impending House impeachment…

U.S. Defense Secretary Pete Hegseth faces a potentially historic political…

By – Tyler Brooks
America November 10, 2026
Hulu Revisits California’s Speed Freak Killers…

Hulu is taking viewers back into one of California’s most…

By – Jackie Allen
America November 10, 2026
Infant Bleeding Surges as Vitamin K…

Infant bleeding rose as fewer newborns received vitamin K shots,…

By – Michallie K Harrison
America November 10, 2026
UGA Leads $8 Million Initiative to…

The University of Georgia (UGA) has received an $8 million…

By – Jackie Allen
Breaking News November 10, 2026
Nvidia Opens Investigation Into CEO Jensen…

Nvidia's board has opened an investigation into reports that CEO…

By – Derek Johnson
America November 9, 2026
Jasmyne Garcia  Beaten to Death  in…

MORGAN HILL, Calif. — Jasmyne Garcia, 34, was allegedly beaten…

By – Jackie Allen
America November 9, 2026
Natalee Holloway Case Returns to Spotlight…

  ARUBA — More than 20 years after Natalee Holloway…

By – Jackie Allen
America November 7, 2026
Can Elephants Sue For Freedom? Hawaii…

What’s at Stake for Mari and Vaigai A legal first…

By – Samuel Lopez
America November 7, 2026
On Monday Supreme Court Weighs Whether…

What’s at Stake for Federal Prisoners A prisoner’s broken tailbone…

By – Samuel Lopez
America November 7, 2026
Mike Tyson And Ric Flair Score…

Inside the $50 Million Legal Battle A federal judge rejected…

By – Samuel Lopez
America November 6, 2026
Hackers Target French Blood Banks In…

By Samuel Lopez – USA Herald A cyberattack targeting blood-storage…

By – Samuel Lopez
America November 5, 2026
AI Flagged Bias in Trump Climate…

WASHINGTON — Researchers on a Trump climate panel asked Microsoft…

By – Michallie K Harrison
America November 5, 2026
Russell Brand Convicted of Rape, Taken…

LONDON — Russell Brand was convicted of rape and three…

By – Michallie K Harrison
America November 8, 2026
Dana White Reportedly Declines Trump White…

By Samuel Lopez – USA Herald | November 8, 2026…

By – Samuel Lopez
America November 5, 2026
Dallas Cowboys Face  Crisis After Crushing…

By Jackie Allen | USA Herald The Dallas Cowboys are…

By – Jackie Allen
America November 4, 2026
WNBA: DeWanna Bonner Makes Emotional Admission…

ATLANTA — The WNBA Finals ended in heartbreak for the…

By – Jackie Allen
America November 4, 2026
Inés Gómez Mont Arrested by ICE…

MIAMI —  Inés Gómez Mont, a former television personality who…

By – Jackie Allen
America October 31, 2026
Bill Belichick and Jordon Hudson Reportedly End…

Bill Belichick and Jordon Hudson reportedly ended their romantic relationship…

By – Jackie Allen
America October 29, 2026
Brewers Beat Rays to Win First…

ST. PETERSBURG, Fla. — The Milwaukee Brewers won their first…

By – Michallie K Harrison

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter