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Holmes verdict complicates upcoming trial of former Theranos COO

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Elizabeth Holmes is the founder of Theranos convicted Monday on federal felony chargesThe book, Podcasts, Documentaries and a Feature Film are all based on this theme.

You can now expect a follow-up: The criminal trial against Ramesh Balwani (ex-Theranos Chief Operating officer) is expected to start in March. Balwani was Holmes’ mentor.

San Jose, Calif. juryHolmes was convicted of conspiring to defraud Theranos investor and wire fraud charges against three Theranos investor. The jury acquitted Holmes on conspiracy and fraud allegations involving Theranos patient. The jury couldn’t reach unanimous agreement on the three additional charges of wire fraud against Theranos shareholders. U.S. district Judge Edward Davila declared an ineffective verdict.

Balwani, 56 years old, was an associate at Theranos where she worked for 7+ years with Holmes. She met Holmes in high school when she had been 18, and they were both friends. chargesThey are almost identical to the Holmes case. He has pleaded guilty.

Barbara McQuade of the University of Michigan Law, a former United States Attorney, and NBC News legal analysts, stated that there may be a need for both sides to reevaluate the strategies they are using in the Balwani trial.

McQuade said to CNBC, “American GreedProsecutors will have to examine their cases when dealing with Theranos patients.

Knowing that the jury was acquitted in all the cases against patients, it is important that they find an explanation that explains why this happened. They must also explain that the jury knew they would defraud the patients. McQuade explained that while they may not have known the individual patients personally, they had a general idea of their existence.

Even though it would likely delay the trial, she said that prosecutors might revise Balwani’s indictment. However, the government has yet to say whether they intend to modify their strategy. On Wednesday, another hearing will be held in this case.

Balwani’s defense team might face much more pressing questions than does the government. While Holmes was found not guilty of certain charges by the jury, four were convicted. Wire fraud is the most severe crime and carries a maximum sentence of 20 years in prison

McQuade claimed that “the jury bought this entire theory.” “And, therefore, another jury could very well buy this whole theory,” McQuade said.

Balwani could still plead guilty and agree to cooperate, but it’s not too late.

“Could it be possible to plead guilty and receive a reduced amount for accepting responsibility?” “It’s certainly something that you have to look at,” she stated. She said, “It is definitely something that you need to look at.”

Jeffrey Coopersmith was an attorney for Balwani and declined to comment.

Below the bus

During Holmes’ trial, Balwani was frequently mentioned by Holmes, particularly during Holmes’ seven-day testimony stand. In emotional testimonyBalwani claimed she was nearly twenty years younger than she and controlled her every part of her daily life, including her food, clothing, voice, and even diet.

Holmes said, “He informed me that I wasn’t sure what I was doing with my business. That my convictions were incorrect, and that he was shocked at my mediocrity.” testified. “And that was why I had to get rid of the person who I was in order to be what he called a ‘new Elizabeth’, which could lead to a prosperous entrepreneur.”

Holmes claimed also that Balwani forced him on Holmes sexually.

Coopersmith said that Balwani was “deeply offensive” by the allegations and found them “devastating.”

McQuade stated that Balwani would return the favour, just as Holmes attempted to do in Holmes’s trial.

McQuade stated, “If you can show the empty chair to say, ‘Oh, that’s all that bad person’, then that bad person doesn’t have to defend herself.” Balwani was the victim in Balwani’s trial. Holmes is Holmes.

Balwani’s defence team has not indicated that they will raise similar intimate details about the couple’s relationship. However, they could have plenty of material.

Text messages between the couple, introduced as evidence in the Holmes trial and likely to come up again in Balwani’s, show Balwani repeatedly alerting Holmes about issues at the company that she allegedly hid from investors, like a 2014 message in which he told her that a Theranos lab was “a f*cking disaster zone.”

Balwani’s defense could use such evidence to prove that he was acting in good faith and not because Holmes or others at Theranos were negligent.

He could only say that “I did not have a science background, so I was reliant on the scientists to help me decide if my product would work.” McQuade stated that my job consisted of marketing, selling, and accounting.

Holmes, herself, testified she was Thernaos’ ultimate authority. She also acknowledged that she had the power to fire Balwani any time she chose, though she did not.

The pair were expected to stand trial for their roles in Theranos. This was a blood-testing company that collapsed after explosive revelations about its technology not working as it claimed. After Holmes’ lawyers stated that they intended to raise the abuse claims, Judge Davila who also will preside over Balwani’s trial agreed to seperate their cases.

Davila stated that such testimony “would be unfairly prejudicial codefendant M. Balwani so that he will not be denied a fair trial except his trial is severed form Ms. Holmes’s trial,” in a March 2020 Order that was unsealed just before Holmes’ August trial.

The question of intention

Redux of Whistleblower

Ex-Theranos employees will likely testify, just like they did during the Holmes trial. They claim that Balwani was a key part of a corporate culture that suppressed dissent to conceal problems from patients and investors.

Former Theranos lab associate-turned-whistleblower Erika Cheung, a prosecution witness in Holmes’ case who is also listed as a potential witness against Balwani, testified that when she began encountering inaccurate test results, she brought her concerns to Balwani.

His feedback was positive and he said that he thought he could make the calls. He also mentioned, “You’re a recent grad at UC Berkeley. How much do you know regarding lab diagnostics?” Cheung testified.

Cheung stated in an interview with American Greed that her first indications of trouble at Theranos came when she began to email colleagues regarding testing issues. She was surprised to hear back from Balwani.

“Sunny would reply to them from the bowels of his own body.  He wasn’t even ccc.  She said that he wasn’t even bccc’d. “Things that were said in certain circumstances would be repeated to you, just like we would in private conversations.”

Cheung shared her concerns with federal agents, and John Carreyrou who was the first to expose Theranos issues in The Wall Street Journal 2015, eventually leaving the company.

Balwani filed a motion in pre-trial on November 19, requesting that Cheung’s testimony be severely limited. He argued that Cheung had “worked for Theranos for six months as an entry level job right out college,” and therefore was not qualified to speak about problems at Theranos.

The filing stated that “these ‘observations” require demonstrable expertise and knowledge in laboratory testing. However, Ms. Cheung is not such an expert.”

His attorneys, due to Cheung’s testimony in the Holmes trial, will almost know what to expect if Cheung again takes the stand at Balwani’s case. McQuade stated that this poses risks to the government.

She stated that it is important to limit the testimony of witnesses. This is because people will differ in details when telling stories. A skilled defense attorney could use this discrepancy in cross-examination to show that the witness is either lying or trying to hide the facts. This can often cause enough doubt to convince a jury to give up.

McQuade said the ability to have seen the details of the government’s case in the Holmes trial — and knowing the verdict — provide advantages that Balwani would not have had if his trial had gone first as his attorneys initially requested.

She cautioned the Balwani and Holmes sides not to take too much from the Holmes verdict.

She said, “You don’t want to be too clear about the lessons.” She said, “The fact that one jury found her innocent doesn’t necessarily mean another jury will find the same defendant guilty.” “They shouldn’t presume that the next juries will always find the same thing.”

Watch how Elizabeth Holmes, Silicon Valley’s top-rated entrepreneur and visionary for a world of change came to an abrupt halt. The ALL-NEW 200ThEpisode “American Greed”, Wednesday January 12th at 10 PM ET on CNBC

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