FOLLOW US

Fri

July 17, 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 July 15, 2026
Archaeology Discoveries Reveal Ancient Egypt’s Secrets…

Archaeology Discoveries across the Middle East are providing new insights…

By – Jackie Allen
America July 14, 2026
US Inflation Rate Drops to 3.5%…

The number arrived as a relief, then almost immediately as…

By – Rihem Akkouche
America July 14, 2026
The Manosphere: Social Media’s Growing Influence…

The Manosphere has become a broad umbrella term describing a…

By – Jackie Allen
America July 14, 2026
UFO Sightings: Scientists Say Alien Life…

The debate over UFO Sightings and the possibility of extraterrestrial…

By – Jackie Allen
U.S. News July 13, 2026
H.R. 9237 Sparks Fight Over Future…

One of the most significant veterans’ bills introduced in Congress…

By – Michallie Harrison
Science & Technology July 13, 2026
Social Media Oversharing Fuels Identity Theft

Social media oversharing usually does not look reckless. It looks…

By – Michallie Harrison
America July 13, 2026
Anthropic Emerges as AI Leader After…

Anthropic has received an unexpected endorsement from one of its…

By – Jackie Allen
America July 13, 2026
Lab Scandal:  JonBenét Ramsey Investigation Continues…

The Lab scandal involving a former Colorado forensic scientist has…

By – Jackie Allen
America July 12, 2026
South Bow to Pay Nearly $27M…

Nearly three years after nearly 13,000 barrels of crude oil…

By – Rihem Akkouche
America July 12, 2026
two killed in Toronto After Deadly…

One moment, thousands of people were dancing in the streets…

By – Rihem Akkouche
America July 12, 2026
Elephant Fire burns 4500 acres in…

It started Saturday afternoon in the shadow of the Sierra…

By – Rihem Akkouche
America July 12, 2026
Lindsey Graham Death at 71 Stuns…

He had just returned from Ukraine. He had met with…

By – Rihem Akkouche
America July 12, 2026
Lindsey Graham Dies at 71 After…

Lindsey Graham, the longtime Republican senator from South Carolina and…

By – Jackie Allen
America July 12, 2026
Jan. 6 Case: Judge Dismisses Proud…

The long-running Jan. 6 Case involving several senior members of…

By – Jackie Allen
America July 12, 2026
Jack Antonoff Criticizes AI in Music,…

Jack Antonoff sharply criticized the growing use of artificial intelligence…

By – Jackie Allen
America July 11, 2026
UFC Event Allegedly Targeted in White…

WASHINGTON, D.C. — A historic UFC Event held on the…

By – Jackie Allen
America July 10, 2026
Russia Sanctions Bill Gains BiPartisan as…

WASHINGTON, D.C. — Russia Sanctions legislation moved closer to becoming…

By – Jackie Allen
America July 10, 2026
Manhattanhenge 2026: Final Summer Sunset Alignment…

NEW YORK — Manhattanhenge is making its final appearance of…

By – Jackie Allen
America July 10, 2026
Manhattanhenge 2026: Final Summer Sunset Alignment…

NEW YORK — Manhattanhenge is making its final appearance of…

By – Jackie Allen
America July 10, 2026
Jared Isaacman Says NASA Has Unexplained…

WASHINGTON, D.C. — Jared Isaacman, the administrator of NASA, says…

By – Jackie Allen
America July 9, 2026
Erika Kirk Seeks Public Release of…

Erika Kirk, the widow of Turning Point USA co-founder Charlie…

By – Jackie Allen
America July 9, 2026
Bonnie Tyler Remembered as Legendary Welsh…

Bonnie Tyler, the Welsh singer whose unmistakable raspy voice powered…

By – Jackie Allen
America July 9, 2026
Assault on Iran Escalates as U.S.…

The Assault on Iran intensified after the United States launched…

By – Jackie Allen
America July 9, 2026
Broadcom Deal: Apple Commits More Than…

Apple is dramatically expanding its investment in American semiconductor manufacturing…

By – Jackie Allen
America July 11, 2026
Oregon Withdraws Court Motion in Paramount-Warner…

Oregon blinked — but it did not back down. The…

By – Rihem Akkouche
America July 11, 2026
Apple Sues OpenAI Over Trade Secrets…

The partnership that placed ChatGPT inside hundreds of millions of…

By – Rihem Akkouche
America July 9, 2026
Broadcom Deal: Apple Commits More Than…

Apple is dramatically expanding its investment in American semiconductor manufacturing…

By – Jackie Allen
America July 8, 2026
Arranged Marriage Ends in Tragedy: Amazon…

An Arranged Marriage that began in the summer of 2025…

By – Jackie Allen
America July 8, 2026
Forensic Scientist Henry Lee’s Final Interview…

A legendary Forensic Scientist whose testimony influenced some of America’s…

By – Jackie Allen
America July 6, 2026
Accused of Rape:  Graham Platner Denies…

Accused of Rape, Maine Democratic U.S. Senate candidate Graham Platner…

By – Jackie Allen
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
Health June 29, 2026
Everything You Need to Know About…

As the calendar turns to July 1, residents of Georgia…

By – Tyler Brooks
Breaking News June 26, 2026
Trump Seeks $1.4 Billion as Congo…

The Trump Ebola funding request would provide more than $1.4…

By – Michallie Harrison
America July 2, 2026
Taylor Swift Wedding Reports Claim Private…

Taylor Swift Wedding speculation intensified after reports claimed that pop…

By – Jackie Allen
High Profile Court Cases July 2, 2026
Justice Served as Former NFL Scout…

The Nashville courtroom fell silent this Wednesday as a jury…

By – Tyler Brooks
America June 29, 2026
Stonewall Riots: An Uprising That Changed…

The Stonewall Riots marked one of the most significant turning…

By – Jackie Allen
Sports June 26, 2026
USMNT Lost to Turkey at 90+8.…

Kaan Ayhan’s goal came in the 90th minute, plus eight.…

By – Nicolas Carreno
Entertainment June 25, 2026
Tears, Goals, and the Siuuu: IShowSpeed’s…

The 2026 FIFA World Cup has been a rollercoaster of…

By – Tyler Brooks
America June 22, 2026
World Cup History Made as Lionel…

World Cup history was made Monday afternoon in Arlington, Texas,…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter