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Choose might unseal some psychological well being data in Elizabeth Holmes case

Judge may unseal some mental health records in Elizabeth Holmes case

Former Theranos CEO Elizabeth Holmes (center) and her lawyer are leaving the court on June 15, 2021. Holmes is due to stand trial later this year on wire fraud and other charges.

CNBC

The federal judge in the fraud case of former Theranos CEO Elizabeth Holmes is considering unsealing details of her psychological assessment as part of a media request to make parts of her case public.

Dow Jones & Co., publisher of the Wall Street Journal, petitioned the court to unseal documents in the Holmes case. Dow Jones attorneys said that around 40% of the documents in Holmes’ case are kept under lock and key.

“This is a very significant amount of material, as the court is painfully aware,” said John Cline, a Holmes attorney, during the hearing on Tuesday. “And Ms. Holmes’ view is that a significant portion of it can likely be unsealed at this point, but not all of it.”

The federal prosecutors support the motion to unseal parts of the case, stating that Holmes must be prepared if they are planning a mental health defense.

“The main thing we are dealing with is the continued sealing at the current level, including high-level issues including the defense of Ms. Holmes under Rule 12.2, and that hinders the preparation of the process by the government,” said Kelly Volkar, an assistant US attorney. Indication of a psychological defense. “The question is how far the seal will go.”

Prosecutors had Holmes examined by a psychological expert after defense lawyers announced that they were planning to hire a clinical psychologist to testify about a “mental illness or defect” related to the guilt issue.

Another set of documents that can potentially be unsealed is why Judge Edward Davila separated the trials of Holmes and her co-defendant Ramesh “Sunny” Balwani. Balwani was her business partner and served as COO at Theranos. The couple had a romantic relationship but never revealed it to their investors.

Holmes and Balwani’s relationship reportedly ended around the same time he left Theranos.

“I will reiterate that Mr. Balwani has never requested that any part of these trial files be filed under lock and key,” said Jeffrey Coopersmith, a Balwani attorney. “Dow Jones has had a sealed filing notification for a year and a half. You are filing this now. I think we understand why, they like to sell newspapers. It is on the eve of the trial of Ms. Holmes.”

Holmes and Balwani both face a dozen criminal wire fraud and conspiracies to bring wire fraud charges. Prosecutors say the two misled patients, doctors and investors about Theranos’ blood testing technology. Neither of them pleaded guilty.

In a July interview with CNBC, former Wall Street Journal reporter who exposed the Theranos scandal, John Carreyrou, said Holmes’ defense strategy may be blamed on her ex-boyfriend.

“A large part of her defense now seems to be blaming Sunny, basically telling the jury that Sunny kept her in his psychological grip,” said Carreyrou. “Your defense plans to take on the case that he was the older friend, 19 years older, who was really the puppeteer here, and she was the puppet. And obviously they’re going to see a psychologist to sort this out.”

Davila ordered Holmes and Balwani’s lawyers to look into which documents could be unsealed and redacted by the end of the week.

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John Carreyrou predicts Elizabeth Holmes trial final result

John Carreyrou predicts Elizabeth Holmes trial outcome

The writer of “Bad Blood” has not finished telling the Theranos story.

Three years after his bestseller was published, John Carreyrou is releasing a new podcast to uncover the final chapter of former Theranos CEO Elizabeth Holmes. “Bad Blood: The Final Chapter” follows the upcoming trial against Holmes.

In an interview with CNBC, Carreyrou shared his bold predictions about her criminal fraud trial due to begin in August after several delays due to the coronavirus pandemic and her unexpected pregnancy. Despite the postponements, Carreyrou predicts Holmes will be convicted of wire fraud and said a guilty verdict in her trial will be a “big shot across the bow for Silicon Valley entrepreneurs”.

“The message will be that you can’t really do what you want, you can’t completely ignore rules and regulations. You can’t shake your nose at regulators and authorities,” Carreyrou said.

He warns that a not guilty verdict will set a dangerous precedent among startup CEOs. “Young entrepreneurs will say, ‘Look what Elizabeth Holmes got away with and she didn’t go to jail for it.'” Carreyrou adds, “In this case, it takes a guilty verdict to correct course.”

Holmes and Ramesh “Sunny” Balwani ran the now defunct start-up Theranos together as CEO and President – and at times also as girlfriend and boyfriend.

The two are facing separate criminal jury trials over allegations they lied to patients and doctors while pushing investors for hundreds of millions of dollars. Holmes and Balwani have both pleaded not guilty.

Carreyrou tells CNBC that a large part of Holmes’ defense strategy could be blaming Balwani. He predicts that Holmes will take a stand and tell the jury that Balwani “kept her in his psychological grip, that he was an abusive friend”.

CNBC reached out to Holmes and Balwani attorneys. They did not respond to calls for comment.

Holmes plans to call a psychologist who specializes in relationship trauma as a witness. Carreyrou, who has spent years reporting on Holmes and the events in Theranos, says he is not buying the defense.

“Based on all of the interviews I did for my book and other interviews I did for the podcast, it’s clear that they ran this company and allegedly committed this fraud together as a couple,” he said.

“If they couldn’t agree, she had the last word,” said Carreyrou. “That’s why I find it hard to believe that she was under his psychological grip and had no will of her own.”

Watch the video to learn more from Carreyrou about his trial predictions, new evidence he’s received, and his upcoming podcast.

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Elizabeth Holmes’ attorneys involved about discovering unbiased jurors

Elizabeth Holmes' attorneys concerned about finding unbiased jurors

Former Theranos CEO Elizabeth Holmes (center) and her lawyer are leaving the court on June 15, 2021. Holmes is due to stand trial later this year on wire fraud and other charges.

CNBC

Former Theranos CEO Elizabeth Holmes was given permission to breastfeed her newborn on Tuesday during the pauses in her upcoming fraud trial. Judge Edward Davila said there will be a designated “rest room” for Holmes to look after their child, who is due to be born next month.

Holmes is charged with wire fraud and wire fraud conspiracy related to her now-defunct healthcare tech start-up Theranos. She pleaded not guilty.

The Holmes trial, which has been postponed several times due to the Covid-19 pandemic and her pregnancy, will be one of the most well-known criminal fraud cases in Silicon Valley history.

The children’s shelter for Holmes came when the judge reduced their proposed 45-page jury form with 112 questions to a 20-page draft.

Kevin Downey, a Holmes attorney, objected to the judge’s simplified questionnaire, saying, “If the jury has a bias, they can’t decide that. We can’t allow the jury to assess their own bias without basic questions cure that. “

Three hundred potential jurors from Northern California will be asked to fill out a questionnaire on August 19th and 20th. The personal jury selection and voir dire (jury survey) will take place on August 31st.

The Holmes questionnaire asks potential jurors how often they read, see, or hear certain journalists and news outlets, including CNBC.

“I know the defense is primarily concerned with media coverage,” said Davila. “You are suggesting that it was derogatory to Miss Holmes and that we must do something to secure a fair jury for her – and that is what I am trying to do.”

Suggested that we put the more difficult questions first, Davila added, “There’s a concept of questionnaire fatigue. At some point, there is less questionnaire return and it actually becomes less accurate the longer it takes.”

Davila said he would not allow any prospective judges to be questioned in detail, but assured the legal teams, “If we bring the jury in on both sides, they may be surprised, perhaps delighted, that many of them won’t know about this case.” . That is a reality of life. “

Prosecutors have described Holmes’ proposed questionnaire as “unnecessarily profoundly intrusive”.

“If anyone reads any of the 46 publications or networks that the defense is trying to identify, it doesn’t tell us anything about what they know about Theranos,” said Kelly Volkar, US assistant attorney. “Even once you’ve read a story, it doesn’t necessarily mean that you kept it or retained any kind of bias or prejudice about that one article.”

When Holmes entered the courthouse, she refused to answer questions from CNBC.

The two legal teams will review the judge’s questionnaire and he will make a final decision in the coming weeks.

Danny Cevallos, a legal analyst for NBC News, said it would be difficult to find an impartial jury to hear about the case, but claims to be impartial, “This juror could be a stealth juror – someone who’s one Has an ax to grind, but hides it to get into the jury. “

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Elizabeth Holmes swag gross sales hovering on-line

Elizabeth Holmes swag sales soaring online

When it comes to fame and shame, former Theranos CEO Elizabeth Holmes has apparently cornered the market.

Internet vendors cash in on mugs, t-shirts, and even shower curtains in the weeks leading up to their August criminal fraud trial.

A review of the online stores shows more than 50 offers of Holmes and Theranos items on Etsy, Poshmark, eBay and Redbubble.

One of the more unique items is an authentic Theranos lab coat, which is listed for $ 17,000.

Once a Silicon Valley darling, Holmes is faced with federal referral fraud and a conspiracy to suspect referral fraud related to allegedly misleading investors, patients, and doctors about her company’s blood testing technology.

But customers rave about their product purchases on social media.

In a TikTok, a young woman poses in a mirror with a pink t-shirt that says “Elizabeth Holmes is my #GirlBoss”.

Another TikToker shows a mug with Holmes on one side and Theranos on the other. She says, “I really wish Elizabeth Holmes had an MLM so that I could join.” An MLM is a controversial, multi-level marketing operation that the US Federal Trade Commission warns of being a pyramid scheme.

And another pulls a t-shirt out of a package and says, “Y’all it’s here. The Queen of Theranos, Elizabeth Holmes.”

A search on Instagram and Twitter also shows customers posing with their goods.

Elizabeth Holmes, Founder and CEO of Theranos.

David Orrell | CNBC

Holmes, who is pregnant and due next month, faces up to 20 years in prison if convicted. She has pleaded not guilty to the charges. Before Theranos’ demise, her image was seemingly everywhere and she even landed on the cover of Forbes.

Today, despite a tarnished image and an upcoming 13-week trial, their brand is apparently still popular.

“It doesn’t surprise me, Elizabeth Holmes was a very inspiring person,” says Mark Macias, founder of Macias PR. “She was the youngest billionaire, self-made entrepreneur, and although we found out it was supposedly a scam – she was selling something revolutionary.”

Anthony, owner of Finance Memes Etsy shop, says sales of his Holmes items have increased since February. Anthony asked CNBC not to use his last name for fear of jeopardizing his employment.

“You can see it at Wall Street Bets – people like to talk about how much they lost,” said Anthony. “There’s an obsession with cheating, gambling, and taking bad risks. Everyone loves a good bad guy.”

A mug labeled “Theranos Early Investor” is the most popular item in his Etsy shop, according to Anthony. “It’s a little more reserved, you can put it in your drawer when your boss comes over.” Anthony says he has had over 200 visits to the cup in the past few months.

“There will always be people on the fringes who want to express themselves, take on the establishment and point the finger at them,” Macias said. However, he warns, “If you want a brand that will last, it is better to be famous. Infamy is short, it can ruin and destroy a brand.”

For Holmes, every image she projects is eternal.

As MSNBC columnist James Surowiecki wrote in a recent article, “On the way up and the way down, one thing about Elizabeth Holmes has remained constant: people are fascinated by her.”

Watch the video to learn more.

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Elizabeth Holmes’ attorneys cite unfavourable protection in request to develop jury choice

Elizabeth Holmes' lawyers cite negative coverage in request to expand jury selection

Elizabeth Holmes, founder and former executive director of the Theranos Center, is leaving the U.S. Federal Court in San Jose, California on May 6, 2021.

Nina Riggio | Bloomberg | Getty Images

In the case of Elizabeth Holmes, it seems that any advertisement is not a good advertisement.

Attorneys for the former Theranos CEO cite widespread negative media coverage as a reason to add to the pool of jurors in their upcoming criminal trial.

A 21-page motion filed late Thursday set out examples of extremely descriptive and unflattering stories about Holmes in recent years.

“The advertising is consistently negative,” said Holmes lawyers. In addition, she is “routinely mentioned in derisive and inflammatory terms directly relevant to the cable fraud charges in this case. Media coverage describes her as” fraud “,” cheater “,” cheater “,” more ashamed. ” Theranos Founder “. Cheater and an angry psychopath.

Holmes requests an extended subpoena from the jury and has proposed a written questionnaire for the jury. Holmes attorneys wrote, “Media coverage also addresses adverse tropes and recurring issues, often related to Ms. Holmes’ behavior, voice and physical appearance.” They say the negative publicity dates back to at least 2015 and “has focused intensely on Ms. Holmes personally, not just the circumstances surrounding the dissolution of Theranos’ company”.

In the court record, Holmes’ lawyers said they conducted a comprehensive search of news articles and other media that generated 462,000 entries. These included 3,755 results from “Negative Personal News” and 2,862 results from “Negative Business News”.

Holmes attorneys proposed a 46-page jury questionnaire covering topics ranging from working in the blood test or the medical industry to experience in the venture capital world.

The questionnaire also asks whether the prospective juror has ever been a victim of fraud, had a bad experience with an investment, or was involved in a dispute over misdiagnosis.

Holmes left Stanford at the age of 19 and founded Theranos. He claimed his technology could accurately perform thousands of tests on just a drop or two of blood. The former executive has pleaded guilty to under a dozen fraud charges relating to misleading patients and investors.

The judge has scheduled a court hearing on June 15th. The jury selection is scheduled to begin in San Jose on August 31st.

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Theranos blood take a look at accuracy at coronary heart of Elizabeth Holmes legal case

Theranos blood test accuracy at heart of Elizabeth Holmes criminal case

Former Theranos CEO Elizabeth Holmes will attend the US government fraud court hearing against her on May 5, 2021.

CNBC

Former Theranos CEO Elizabeth Holmes promised a technological breakthrough, but it really was a house of cards, prosecutors said during a trial Wednesday.

“Miss Holmes went out, told the world, and told investors, we have tests with the highest accuracy rate,” said US assistant attorney Robert Leach, adding that her expert’s testimony “lies.”

The argument was in response to efforts by the defense, Dr. Stephen Master, an associate professor of pathology and laboratory in the University of Pennsylvania Medical School, from taking a stand. In 2013, after interviewing Holmes at a conference, Master said that her claims about Theranos’ miniLab technology “fell far short of previous claims”.

Holmes’ defenders argued that the master was used as a “parrot” by the government and that his conclusions about certain Theranos blood tests were “based on emails and customer complaints,” not practical experience.

Wednesday’s hearing was the second day of the argument about what evidence can be admitted and excluded from Holmes’ criminal fraud trial, which begins August 31st.

Prosecutors, among other things, alleged that Holmes was presenting an inappropriate defense in good faith.

“Efforts to return money to victims cannot undo the fraud once it is committed,” said John Bostick, another US assistant attorney.

The judge is expected to rule on critical motions, including whether to provide evidence of Holmes’ assets and expenses, private text exchanges and regulatory reports by the end of the week.

The hearing came when a former Theranos executive who had been close to Holmes in the company’s final days told CNBC that management was discussing Holmes’ resignation as CEO on several occasions. For Holmes, however, “that was a non-runner”.

“If she had resigned, I think she would have saved herself a lot of legal danger,” said the former Theranos manager, who asked not to be named. “Everyone who knows Elizabeth knows that she saw herself as a company, and I don’t think she can see the company going on without her.”

Holmes left Stanford at 19 to start Theranos. By the time the company collapsed in 2018, she had a six-figure salary and a multi-billion dollar stake in the blood testing startup.

However, an investigation by the Wall Street Journal found that the technology didn’t work as Holmes claimed it did. Now she faces a dozen fraud charges for falsely claiming that Theranos technology can perform dozens of blood tests on a drop or two of blood. She pleaded not guilty.

Despite the chaos in the final months of her reign, Holmes believed Theranos could still be saved.

Holmes achieved a partial victory this week when the judge ruled that defenders can refer to Silicon Valley’s hype culture to explain why Holmes exaggerated the technology behind Theranos.

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Elizabeth Holmes reappears in courtroom as attorneys spar

Elizabeth Holmes reappears in court as attorneys spar

Former Theranos CEO Elizabeth Holmes ahead of a hearing in her criminal trial on May 4, 2021.

CNBC

A pregnant Elizabeth Holmes appeared in court for the first time in 15 months for three days to pave the way for her fraud trial.

At Tuesday’s session in the San Jose Federal Court, Judge Edward Davila only allowed Holmes, her defense lawyers, and the prosecution inside. When Holmes entered the courthouse, she refused to answer questions from CNBC’s Scott Cohn.

At the more than seven-hour hearing, both sides discussed critical motions that determine what evidence the jury will hear, including how the Silicon Valley culture may have influenced Holmes’ behavior as CEO of Theranos. The company closed in 2018 after an investigation by the Wall Street Journal uncovered unproven technology and dubious business practices.

“There is an exaggeration in Silicon Valley. There will be a natural discussion about startups and how they work,” said Davila. He ruled that the defense cannot find them unfairly singled out.

Prosecutors warned the judge not to give Holmes too much space to argue that her actions are no different from those of other startups.

“I would like to warn against what the defense paints with a very broad brush when they say trade secret practices at Theranos,” said Jeff Schenk, a US assistant attorney.

A court sketch of the court appearance of former Theranos managing director Elizabeth Holmes on May 4, 2021.

Vicki Behringer licensed to CNBC

Holmes attorneys say prosecutors built a comprehensive case on anecdotal evidence. Theranos technology performed between seven and ten million tests over two years. Amy Saharia, a Holmes attorney, said the trial will be “a vast jumble of irrelevant, adverse evidence.”

She added, “We have all become very familiar with testing this year. Testing involves many different variables. What the government is offering is scientifically unrelated, finding that Theranos technology was responsible for erroneous results. Just because it happened doesn’t mean it was because of Theranos technology. “

The subjects were just a few of the more than two dozen motions the judge is expected to rule on this week.

One is a motion from Holmes to block evidence of her wealth, spending, and lifestyle from the jury. Prosecutors allege Holmes’ “desire to retain her wealth and status created a powerful motive” to continue and hide her fraud. Holmes was once considered the youngest billionaire with an estimated net worth of $ 4.5 billion.

A former Theranos executive close to Holmes told CNBC, “I don’t think Elizabeth believed that there was daylight between her and the company. She saw herself as a company.” This person asked not to be named for fear of jeopardizing future employment opportunities.

Holmes, once a media treasure who made the rounds of television and magazines, has remained a mom since being charged with nine wire fraud cases and two wire fraud conspiracy cases. The former executive told CNBC that she was “an inherently optimistic person”.

“There was such a mythology around her. And I think to some extent she recognized and accepted that.”

“Everyone who’s been paying attention has only heard really negative things about her,” said Danny Cevallos, a legal analyst with NBC News. “Your disgrace was spectacular. There will be plenty of jurors who have probably heard of Holmes, and it’s probably not good.”

The selection of the jury begins on August 31st.

“It has its core [of] Supporters, a small but supporter who, until the day she died, said she was unfairly portrayed and abused, “said the former Theranos manager.

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Elizabeth Holmes trial probably delayed as a result of she’s pregnant

Elizabeth Holmes denies destroying evidence in Theranos case

Elizabeth Holmes, founder and former executive director of Theranos, arrives for a hearing in the U.S. District Court in the Federal Building of Robert F. Peckham in San Jose, California on Monday, November 4, 2019.

Yichuan Cao | NurPhoto | Getty Images

Former Theranos CEO Elizabeth Holmes, whose criminal trial is due to begin in July, is asking for a delay because she is pregnant.

In a trial on Friday, her defense attorneys and prosecutors asked Judge Edward Davila to postpone the start of her trial for six weeks to begin August 31, 2021.

“On March 2, 2021, the defendant’s attorney notified the government that the defendant is pregnant and is expected to be due in July 2021,” Holmes prosecutors and attorneys write. “Both parties agree that in view of this development it is not possible to start the process on July 13, 2021.”

Further details were not immediately available.

The process has already been postponed three times due to the Covid-19 pandemic.

Holmes’ legal team was ready to address the issue of mental health as part of their defense strategy. In a previous court case, Holmes’ attorneys wrote that they intend to produce evidence “relating to a mental illness or a mental defect or other psychological condition of the defendant relating to the subject of guilt”.

This would be the expert testimony of Dr. Mindy Mechanic, a professor of clinical psychology at California State University Fullerton, who, according to the university’s website, “focuses on the psychosocial consequences of violence, trauma and victimization, with an emphasis on violence against women and other forms of violence interpersonal violence. “

The judge gave federal prosecutors the opportunity to self-examine Holmes’ mental health and to be examined by two experts, a psychologist and a psychiatrist.

Holmes and her former COO Sunny Balwani each face a dozen charges of fraud and 20 years in prison for falsely claiming that Theranos technology can perform dozens of blood tests on just a drop or two of blood.

The Silicon Valley startup was once valued at $ 9 billion before it closed in 2018.

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Elizabeth Holmes denies destroying proof in Theranos case

Elizabeth Holmes denies destroying evidence in Theranos case

Elizabeth Holmes, founder and former executive director of Theranos, arrives for a hearing in the U.S. District Court in the Federal Building of Robert F. Peckham in San Jose, California on Monday, November 4, 2019.

Yichuan Cao | NurPhoto | Getty Images

The mystery of what happened to critical evidence proving Theranos’ blood testing technology was not working deepened when Elizabeth Holmes accused the government of what she calls an “investigative failure”.

In a file filed late Tuesday, Holmes lawyers shot back prosecutors to rule out evidence of so-called test results, saying they were to blame for losing a database called the Laboratory Information System (LIS) that contained three years of accuracy and failure rates of Theranos tests.

“Rather than accepting responsibility for this investigation failure and the resulting gaps in evidence in their case, the government has taken a different path,” write Holmes’ attorneys, adding, “The government has assumed that the loss of LIS data reflects the woman . Holmes’ alleged guilt, although it had nothing to do with it. “

“The reason the government lacks this evidence is because prosecutors sat on their hands for years before attempting to acquire them and then sat on their hands again after acquiring them. It is entirely their fault,” the lawyers write from Holmes.

“The reason the government built their case on this fluctuating house of cards of irrelevant evidence is because they lost – or, worse, didn’t want to analyze – the actual evidence of the test results in this case,” argued Holmes’ attorneys.

However, prosecutors claim that Theranos executives destroyed the LIS system, which proved their blood test product was inaccurate.

In a filing last month, the government said that three months after a federal grand jury issued a subpoena for a copy of the database in August 2018, “the LIS was destroyed”. They wrote that “the government was never given the full records in the LIS, nor were they given the tools available in the database to search for evidence as critical as any Theranos blood test with validation errors. The Data disappeared “”

Prosecutors say the failure rate in one of these tests was 51.3%, adding that Theranos’ test results “were so inaccurate that it was essentially a toss of a coin whether the patient got the correct result. The data was devastating.” You want to invite 11 patients and 11 physicians to testify about the accuracy and reliability issues.

Holmes says there is a certain amount of expected errors in all laboratory tests: “Just as the fact of a heart attack does not prove what caused the heart attack, the fact of a wrong blood test does not prove what caused the error.”

Prosecutors point to internal emails that prove Theranos and his lawyer tried to cover up the grand jury’s test results in the database. Theranos provided backup copies of the database for investigators to put together. However, prosecutors claim that the backup required a password that Theranos executives could not remember.

Once a Silicon Valley darling, Theranos attracted the who’s who of venture capitalists and a $ 9 billion private valuation before closing in 2018.

Holmes and her co-defendant Ramesh “Sunny” Balwani each face a dozen fraud charges related to deceiving investors, patients and doctors about Theranos technology.

Holmes will face prosecutors next month for believing that evidence should not be presented to a jury that will determine her fate.

The judge’s verdicts will set the stage for her long-awaited trial, due to begin in July.

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Elizabeth Holmes resists authorities efforts to element her CEO life-style

Elizabeth Holmes resists government efforts to detail her CEO lifestyle

Elizabeth Holmes, founder and former executive director of Theranos, arrives for a hearing in the U.S. District Court in the Federal Building of Robert F. Peckham in San Jose, California on Monday, November 4, 2019.

Yichuan Cao | NurPhoto | Getty Images

Elizabeth Holmes’ attorneys strongly opposed the government’s attempts to describe her flamboyant lifestyle in front of a jury, saying the move “risks creating class bias” that are irrelevant to her criminal trial.

Holmes, who faces a dozen fraud charges, earned a salary and accomplishments commensurate with her position as CEO of Theranos, her attorneys wrote in court documents filed late Tuesday.

The government has argued that Holmes’ high-flying lifestyle was fueled by their fraud.

Your lawyers say this is just wrong.

They write that the evidence says nothing about their motive. “If so, a CEO could be said to have a motive for cheating. Rather, the real value of the evidence to the government is to paint a (misleading) picture of Ms. Holmes as a woman, fashion, one prioritized luxury lifestyle and fame and invited a referendum on startup and corporate culture. “

Introducing details of Holmes’ expenses, her lawyers wrote, would be a waste of time, adding that her so-called luxury travel accommodations appear to be approved by the Theranos board and justified by a full itinerary.

“Evidence of the purchase of expensive clothing, makeup, self-care products, and other goods (none of which are allegedly beyond their means) that the government is seeking to introduce through otherwise irrelevant emails from Ms. Holmes’ staff to assistants does not constitute a motive for fraud firm, “wrote Holmes’ lawyers, adding that instead they” are trying to ignite by invoking stereotypes of class and gender “.

Holmes often wore a black turtleneck, an image she cultivated in the print and broadcast media. Her attorneys point out that much of her clothing was bought for work events, adding, “The government ignores the criticism of Ms. Holmes for wearing the same outfit every day.”

Holmes’ attorneys argue that their motive for making money as CEO is “a proposal that can apply to anyone, poor or rich”.

Last month, prosecutors said the fact that Holmes received a variety of benefits, both tangible and intangible, “tends to show that she wanted to cheat in order to obtain those benefits”.

Holmes, a Stanford dropout, had a six-figure salary and a billion dollar stake in Theranos until the company closed in 2018.

One of the issues that emerged in the extensive government files was that Holmes was more motivated by money and fame than revolutionizing the healthcare industry.