Elizabeth Holmes’s Appeal to Overturn Conviction Is Denied

The Associated Press reported that Elizabeth Holmes lost her bid to overturn her conviction, leaving the founder of the defunct blood-testing technology startup Theranos with few remaining legal options.

Holmes appears to be headed for prison after an appeals court Tuesday rejected her bid to remain free while she tries to overturn her conviction in a blood-testing hoax that brought her fleeting fame and fortune.

In another ruling issued late Tuesday, U.S. District Judge Edward Davila ordered Holmes to pay $452 million in restitution to the victims of her crimes. Holmes is being held jointly liable for that amount with her former lover and top Theranos lieutenant, Ramesh “Sunny” Balwani, who is already in prison after being convicted on a broader range of felonies in a separate trial. Davila will now set a new date for Holmes, 39, to leave her current home in the San Diego area and report to prison.

The Ninth Circuit Court of Appeals decision on Holmes’ attempt to avoid prison comes nearly three weeks after she deployed a last-minute legal maneuver to delay the start of her 11-year sentence. She had been previously ordered to surrender to authorities on April 27 by Davila, who sentenced her in November.

Holmes’s lawyers have been fighting her conviction on grounds of alleged mistakes and misconduct that occurred during her trial. They have also contended errors and abuses that biased the jury were so egregious that she should be allowed to stay out of prison while the appeal unfolds — a request that has now been rebuffed by both Davila and the Ninth Circuit Court of Appeals.

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