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ESPN, Fox, and Warner Bros.-Discovery's joint sports streaming venture, Venu, is cancelled due to antitrust lawsuit and changing market demands.
Reese Morgan
Elizabeth Holmes, the founder of defunct healthcare startup Theranos, and Ramesh "Sunny" Balwani, its former Chief Operating Officer, have had their appeals to overturn their fraud convictions and reduce their prison sentences denied by the Northern District Court of California. The court also refused to soften their joint restitution order of $452 million.
Holmes and Balwani were convicted in separate trials in 2022 for defrauding investors about the capabilities of Theranos's blood-testing technology. Holmes was sentenced to more than 11 years in prison, and Balwani received nearly 13 years. Both began serving their sentences in 2023.
In their appeal, the two argued that the district court allowed improper testimony from former Theranos employees who served as lay witnesses but wound up offering improper expert testimony without the necessary legal designation. The appeals panel agreed that some testimony crossed into expert territory but concluded the errors were harmless.
Holmes also contested the inclusion of a damning government report that highlighted failures in Theranos's lab, arguing it unfairly influenced the jury. However, the court found the report relevant in establishing her knowledge and intent. Additionally, Holmes argued that her rights were violated when she was prohibited from cross-examining a former Theranos laboratory director regarding aspects of his post-Theranos employment. The appellate panel disagreed, saying the court didn't "abuse its discretion in limiting the scope of the cross-examination."
Balwani claimed his charges were improperly expanded during the trial, but the panel dismissed this argument. He also argued that his right to a fair trial was violated because the government didn't correct what he said was false testimony from two investors. The court rejected that argument as well, saying even if there were issues, they wouldn't have affected the outcome of the case.
Currently, Balwani is serving out his sentence at the Terminal Island, a minimum-security federal facility just outside of Los Angeles, while Holmes is serving hers at Camp Bryan, a minimum-security federal prison camp approximately 100 miles from Houston.
The denial of their appeals marks a significant milestone in the Theranos saga, which has captivated the tech industry and beyond with its tale of ambition, deception, and hubris. The case has raised important questions about the accountability of startup founders and the responsibility of investors to scrutinize claims made by entrepreneurs.
The outcome of the appeals process also underscores the seriousness with which the legal system views fraud and deception in the business world. As the tech industry continues to grapple with issues of ethics and transparency, the Theranos case serves as a stark reminder of the consequences of prioritizing ambition over integrity.
In the wake of the appeals denial, it remains to be seen how the tech industry will respond to the Theranos saga. Will it serve as a cautionary tale, prompting entrepreneurs and investors to re-examine their priorities and practices? Or will it be relegated to the annals of history, a footnote in the ongoing narrative of innovation and disruption? Only time will tell.
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