Disgraced former Theranos boss Elizabeth Holmes won’t be sentenced for fraud until September, until her ex and former COO Sunny Balwani is tried on the same charges she faced.
A motion filed Tuesday, and endorsed by both prosecutors and defense attorneys, proposes the 37 year-old swindler’s sentencing date be set for September 12, following the Labor Day weekend, which traditionally signals the end of summer break.
‘The parties agree that good cause exists to extend the time … in light of the size of the record in this case, and the logistical burden on the Court and government associated with the upcoming trial in United States v. Balwani,’ the joint motion to Judge Edward J. Davila said.
They were referring to Balwani’s upcoming trial, which is listed to begin next month. Prosecutors and defense attorneys have signaled they would rather prepare to sentence Holmes and Balwani – if he is convicted – at the same time.
Holmes, 37, is facing up to 20 years in jail after a jury found her guilty of swindling investors out of $945 million and lying about her company’s failed blood test technology.
She was freed on $500,000 bond to await sentencing; her ex boyfriend and lover, Sunny Balwani, will be tried on the same charges in the interim.
Disgraced Theranos founder Elizabeth Holmes could spend the summer a free woman after prosecutors and her legal team proposed to set her sentencing date for September 22, 2022
Holmes, 37, is facing up to 20 years in jail after a jury found her guilty of swindling investors out of $945 million and lying about her company’s failed blood test technology
An attorney for Holmes did not respond to a DailyMail.com request for comment, nor did the US Justice Department.
The court filing said lawyers also needed time to seek the dismissal of three wire fraud charges jurors were deadlocked on.
It’s not clear Holmes – who is in a relationship with millionaire Billy Evans, and who had his child last year – will be required to wear an electronic monitoring device.
She was seen last week, smiling as she took a stroll through Evans’ family’s $135 million California property.
The Silicon Valley scammer has been holed up in the lavish property since at least March, and was photographed while walking with her hotel heir husband.
Holmes was pictured smiling last week as she took a stroll through his family’s $135 million California property
A joint motion filed Tuesday seeks to delay her sentencing date to avoid overburdening the court ahead of Sunny Balwani’s upcoming trial
Her former flame Balwani’s trial is set to begin next month and on Wednesday a prominent Washington DC attorney requested in a legal filing to help represent him.
Mark S. Davies – who has represented some of the world’s largest tech companies – filed a request to join Balwani’s team alongside California lawyer Stephen Cazares.
Balwani’s trial was initially set to begin January 11, but a judge pushed it back to February 15, citing the ‘the length of the Holmes’ trial,’ which lasted more than three months.
Balwani’s trial was initially set to begin January 11, but a judge pushed it back to February 15, citing the ‘the length of the Holmes’ trial,’ which lasted more than three months
During Holmes trial, she and her attorneys painted Theranos’ chief operating officer Balwani as a master manipulator who abused and controlled her.
During her trial in November, Holmes alleged was the victim of a decade-long abusive relationship with Balwani, who, she testified, had been secretly controlling her diet, her friendships and more while claiming it would help her succeed in the business world.
Balwani has denied the allegations.