Elizabeth Holmes

Theranos founder Elizabeth Holmes (center) arrives at federal court in San Jose, California on Aug. 31, 2021. [Photo by David Paul Morris/Bloomberg via Getty Images]Ex-Theranos CEO Elizabeth Holmes’ federal fraud trial began yesterday with federal prosecutors claiming she lied and cheated to get money.

The prosecutors alleged on opening day that Holmes was manipulative and knowingly defrauded investors and patients through false and misleading claims.

“This is a case about fraud, about lying and cheating to get money. It’s a crime on Main Street, and it’s a crime in Silicon Valley,” said Assistant U.S. Attorney Robert Leach.

Holmes’ defense lawyers rebutted with a description of her that reflected someone who was a young, hardworking startup executive who really believed the Theranos technology could work and believed in the mission of the company, reports NPR. They claimed that she “overly trusted” lab directors an…

Theranos founder Elizabeth Holmes (center) arrives at federal court in San Jose, California on Aug. 31, 2021. [Photo by David Paul Morris/Bloomberg via Getty Images]The jurors who will weigh the evidence for and against Theranos founder Elizabeth Holmes were sworn in Thursday, setting the stage for the federal fraud trial to finally begin.

The twelve jurors — seven men and five women, all residents of California’s Santa Clara County — were selected along with five alternates (two men and three women) after two days of questioning by federal prosecutors, Holmes’ defense team and U.S. District Judge Edward Davila.

Potential jurors were asked how much they knew about the disgraced CEO and her company’s implosion to determine whether they could give her fair, unbiased consideration.

Get the full story on our sister site Medical Design & Outsourcing.

Former Theranos CEO Elizabeth Holmes leaves after a hearing at a federal court in San Jose, Calif., on July 17, 2019. [Image courtesy of Reuters/Stephen Lam]Jury selection for the Ex-Theranos CEO Elizabeth Holmes’ federal fraud trial is set to begin today in the U.S. District Court in San Jose, Calif.

Holmes is facing 10 counts of wire fraud and two counts of conspiracy to commit wire fraud over allegations that she knowingly misled investors by claiming the Theranos technology could revolutionize blood testing. She has pleaded not guilty to all charges. The trial was originally slated to begin on October 27 last year but had been delayed multiple times because of the COVID-19 pandemic and then Holmes’ pregnancy announcement in March.

The prosecution and defense have haggled with Judge Edward Davila over evidence to include in the months leading up to the trial. Prosecutors, for example, want to present evidence about how Holmes’ desire for recognition and w…

Former Theranos CEO Elizabeth Holmes leaves after a hearing at a federal court in San Jose, Calif., on July 17, 2019. [Image courtesy of Reuters/Stephen Lam]A federal judge has ruled that prosecutors in the Elizabeth Holmes fraud trial can describe some of the former Theranos CEO’s high-flying lifestyle.

Judge Edward Davila, in an order filed May 22, found some lifestyle evidence was admissible because it allowed prosecutors to make a case about Holmes’ motive, knowledge and intent. Davila, however, barred prosecutors from trotting out details that could potentially prejudice the jury against her.

“The government may introduce evidence that Holmes enjoyed a lifestyle as Theranos CEO that is comparable to those of other tech company CEOs. This includes salary, travel, celebrity, and other perks and benefits commensurate with the position. However, references to specific purchases or details reflecting branding of clothing, hotels, or other persona…

Former Theranos CEO Elizabeth Holmes leaves after a hearing at a federal court in San Jose, Calif., on July 17, 2019. [Image courtesy of Reuters/Stephen Lam]Ex-Theranos CEO Elizabeth Holmes’ lawyers want to present evidence about Silicon Valley startup culture as part of her federal fraud trial defense, according to media reports.

“Silicon Valley exaggeration occurs, there’s going to be natural discussion of startup companies and how they operate,” Judge Edward Davila said during a hearing yesterday in federal court in San Jose, Calif. Davila found that the defense won’t be able argue that prosecutors are unfairly signaling out Holmes and Theranos’ practices, CNBC reports.

The hearing marked the first time that Holmes has appeared in person in court in 15 months.

Trial jury selection — delayed multiple times because of the COVID-19 pandemic and then Holmes’ pregnancy — is slated to start Aug. 31.

The prosecution and defense ar…

Former Theranos CEO Elizabeth Holmes leaves after a hearing at a federal court in San Jose, Calif., on July 17, 2019. [Image courtesy of Reuters/Stephen Lam]A federal judge in San Jose, Calif. has agreed to delay Theranos founder Elizabeth Holmes’s trial until Aug. 31, according to media reports.

This is the fourth delay to Holmes’ trial — which has been continually delayed because of challenges caused by the COVID-19 pandemic. This time, the trial has been delayed another six weeks because Holmes is expecting a child in July. Her lawyers informed prosecutors in March.

Prosecutor Robert Leach described the situation as frustrating and disappointing during yesterday’s court hearing held over Zoom, according to reports published by CNBC and The Mercury News of San Jose.

Defense attorney Kevin Downey said Holmes is eager to defend herself during a trial but said medical advice did not recommend her starting a trial within six weeks of giving …

Former Theranos CEO Elizabeth Holmes leaves after a hearing at a federal court in San Jose, Calif., on July 17, 2019. [Image courtesy of Reuters/Stephen Lam]Both the prosecution and defense in Elizabeth Holmes’ federal fraud case want the judge to delay jury selection until Aug. 31 because the Theranos founder is pregnant.

If Judge Edward Davila agrees, this would be the fourth delay in Holmes’ trial. Originally scheduled to start July 28, 2020, the trial has been continually delayed due to logistical problems involving the COVID-19 pandemic.

The latest start date has been July 13, but Holmes’ attorneys told prosecutors in March that she has a July due date.

Holmes and Theranos were once Silicon Valley darlings, with Holmes claiming that her company was set to revolutionize blood testing with technology that could analyze tiny amounts of blood. Forbes in 2015 even recognized Holmes as America’s richest self-made woman based on Theranos’ mu…

Former Theranos CEO Elizabeth Holmes leaves after a hearing at a federal court in San Jose, Calif., on July 17, 2019. [Image courtesy of Reuters/Stephen Lam]Ex-Theranos CEO Elizabeth Holmes through her lawyers is blaming prosecutors’ “investigative failure” for the loss of a company database that would have shown the level of inaccurate blood-testing results.

In a filing yesterday, Holmes’ lawyers claim that in the absence of information in the Laboratory Information System (LIS) database, the judge should not allow jurors to hear anecdotal stories from medical professionals and the general public about erroneous Theranos test results.

“The reason that the government has built its case on this teetering card house of irrelevant evidence is that it lost — or, worse, did not want to analyze preindictment — the actual evidence of testing results in this case,” Holmes’ lawyers said.

Prosecutors have claimed that Therano…

Former Theranos CEO Elizabeth Holmes leaves after a hearing at a federal court in San Jose, Calif., on July 17, 2019. [Image courtesy of Reuters/Stephen Lam]Ex-Theranos CEO Elizabeth Holmes has set out to prove that the lure of wealth and fame did not lead her to commit fraud with her now-defunct blood-testing company.

Attorneys for Holmes filed dozens of briefs this week seeking to refute prosecutors’ claims that Holmes’ desire for recognition and wealth allegedly motivated her to lie about the capabilities of Theranos’ technology to detect disease through one drop of blood.

In a motion filed Jan. 8, prosecutors said that Holmes having allegedly “gained a variety of tangible and intangible benefits from the fraud tends to show that she intended to defraud in order to obtain those benefits. Similarly, Defendant’s desire to retain her wealth and status created a powerful motive for defendant to continue and conceal her fraud.”

Holmes&…

Former Theranos CEO Elizabeth Holmes leaves after a hearing at a federal court in San Jose, Calif., on July 17, 2019. [Image courtesy of Reuters/Stephen Lam]Private jet flights, luxury hotel trips, fawning media reports and hobnobbing with the world’s elite — Elizabeth Holmes’ desire for recognition and wealth allegedly motivated her to commit fraud with her now-defunct blood-testing company Theranos.

That’s a major motive argument that federal prosecutors would like to make when Holmes’ trial starts in July in U.S. District Court in San Jose, Calif.

Holmes’ attorneys are seeking to prevent the government from presenting evidence of the former Silicon Valley entrepreneur’s lavish lifestyle, arguing that it would amount to “improper emotional appeals.”

Prosecutors in a motion filed Jan. 8 said they wanted to show how Holmes benefitted from having an assistant on the company payroll who also handled personal clo…