FOLLOW US

Wed

August 26, 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!

Don’t Miss It
America August 25, 2026
Historic Spacewalks Mark a Turning Point for ISS Maintenance
By – Jackie Allen
America August 25, 2026
Brittany Boltinhouse Sues Miss USA for Defamation
By – Michallie Harrison
America August 24, 2026
Inside Lifeboat Foundation’s Survival Vision—And Its…

By Samuel López | USA Herald Lifeboat Foundation presents itself…

By – Samuel Lopez
America August 23, 2026
Cytek $56M Verdict Delivers Costly Blow…

A Delaware jury just handed down a verdict that reads…

By – Rihem Akkouche
America August 23, 2026
Hawk Fire Chases Nearly 14,000 Reno…

A wall of flame doesn’t knock politely — it announces…

By – Rihem Akkouche
America August 23, 2026
Poolside Deal With Nvidia Strengthens US…

SAN FRANCISCO — Poolside is at the center of a…

By – Jackie Allen
America August 22, 2026
Tariff War Escalates as Canada Announces…

OTTAWA — The Tariff War between Canada and the United…

By – Jackie Allen
Arizona August 22, 2026
The End of the Colorado River…

The river that has created the modern South West is…

By – Ramzi Salem
America August 22, 2026
AI Funding by American Banks: Mega-Bubble…

Behind the breathtaking numbers is a financial paradox: the institutions…

By – Ramzi Salem
America August 21, 2026
Alisa Goods Case Ends in Heartbreak…

A search that began with a simple bus trip to…

By – Rihem Akkouche
America August 21, 2026
JLL Developer’s $12M Fraud Suit Alleges…

Sometimes a lawsuit boils down to a single question: did…

By – Rihem Akkouche
America August 21, 2026
Steadfast $5.5B Buyout Deal Sends Australian…

Australia’s insurance brokerage landscape just shifted beneath its own feet.…

By – Rihem Akkouche
America August 21, 2026
Travis Kelce Chiefs Training Camp Grind…

Most 36-year-olds in the NFL are counting down the days…

By – Rihem Akkouche
America August 21, 2026
Alaska Plane Crash Near Remote Radar…

A routine flight to one of Alaska’s loneliest outposts turned…

By – Rihem Akkouche
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen
America August 21, 2026
Eric Swalwell Faces FBI Search as…

WASHINGTON — Former congressman Eric Swalwell is facing an escalation…

By – Jackie Allen
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Bitcoin Twins See Bitcoin’s $65,000 Level…

The Bitcoin Twins, Cameron and Tyler Winklevoss, are once again…

By – Jackie Allen
America August 19, 2026
Hayden Panettiere Death Investigation Heats Up…

 Police Seek Answers in Panettiere’s Final Hours A Death Investigation…

By – Jackie Allen
America August 18, 2026
Hayden Panettiere Remembered for her Acting…

Hayden Panettiere, the former child star who became internationally known…

By – Jackie Allen
America August 20, 2026
California AB 2624 Reaches Newsom as…

INSIDE THIS REPORT AB 2624 would protect threatened immigration-service workers.…

By – Samuel Lopez
America August 20, 2026
Robin Williams’ Children Reactivate His Instagram…

Inside This Report Zak, Zelda, and Cody Williams have relaunched…

By – Samuel Lopez
America August 19, 2026
Christian Metal Band Demon Hunter Declares…

INSIDE THIS REPORT Christian metal band Demon Hunter has sued…

By – Samuel Lopez
America August 19, 2026
Judge Removed After Saying Jury “Got…

INSIDE THIS REPORT A visiting judge removed Judge John Roach…

By – Samuel Lopez
America August 19, 2026
Did the Government Just Admit It…

INSIDE THIS REPORT Avi Loeb says government sources asked him…

By – Samuel Lopez
America August 19, 2026
Eight Years After Elon Musk Shot…

Key Takeaways Elon Musk’s Tesla Roadster has been traveling through…

By – Samuel Lopez
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

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
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche
America August 11, 2026
Part 2. Archbald Faces Big Expansion…

In Archbald, Pennsylvania, a community of roughly 7,000 residents, the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter