陪审团判定Theranos创始人有罪伊丽莎白·霍姆斯被控四项欺诈罪在他们商议的第七天。她在另外四项指控中被判无罪,其余三项指控宣布无效审判。
霍姆斯被判犯有一项共谋对Theranos投资者实施电汇欺诈的罪名,以及另外三项对投资者实施电汇欺诈的罪名。她被宣告对病人的四项电汇欺诈罪名不成立。陪审团在三项针对投资者的欺诈指控上陷入僵局。
主持审判的法官爱德华·戴维斯预计将在晚些时候对这位倒下的企业家做出判决。37岁的他可能面临数十年的牢狱之灾。
当副法庭书记员大声宣读判决时,福尔摩斯没有表现出明显的情绪。
美国司法部长斯蒂芬妮·海因斯(Stephanie Hinds)周一晚间告诉记者:“在这场为期15周的审判中,陪审员们在疫情和日程安排障碍中处理了一个复杂的案件。“我感谢陪审员们周到而坚定的服务,确保了判决的达成。本案的有罪判决反映了霍姆斯在这起大规模投资者欺诈案中的罪责,她现在必须为自己的罪行面临判刑。"
霍姆斯在被定罪后没有被拘留。
她的前男友、前公司首席运营官·拉梅什“阳光”巴尔瓦尼也是她的共同被告,今年早些时候,在得知她的律师可能会以虐待索赔作为辩护的一部分后,他的审判与霍姆斯分开。他坚决否认这些指控,预计将于2月受审。
霍姆斯曾发誓要用只需几滴血就能进行任何测试的技术来改革医疗保健行业,他被判欺诈投资者罪,这是罕见的一起对硅谷首席执行官的刑事罢免。
在12月17日的反驳中,检察官约翰·博斯蒂克告诉陪审员,霍姆斯实施欺诈的动机不是为了赚钱,而是为了支持她建立的公司。
博斯蒂克说:“她犯下这些罪行,是因为她迫切希望公司成功。
尼克库里/美联社
2022年1月3日,伊丽莎白·霍姆斯走进加州圣何塞的联邦法院。
霍姆斯被定罪是在陪审团试验在经过45个多小时的审议后,周一上午表示,他们“无法就其中三项指控达成一致裁决”,需要更多时间才能做出决定。
达拉向陪审团宣读了一份僵局指令,重申了霍姆斯的无罪推定,并把这12人送回评议室,继续权衡他们无法达成一致的三项欺诈指控。
陪审团的任务是权衡对霍姆斯的11项欺诈指控,此前几周,在这家血液检测初创公司工作的内部人士以及患者和投资者提供了证人证词,检方称这些人被欺诈Theranos创始人曾被誉为下一个史蒂夫·乔布斯。
37岁的霍姆斯最初被指控九项电汇诈骗和两项共谋电汇诈骗。
陪审团于12月20日开始审议。此后的两周,包括一些假期,他们基本上保持安静。
Theranos founder Elizabeth Holmes convicted on 4 counts of fraud
A jury has convicted Theranos founderElizabeth Holmes on four counts of fraudon their seventh day of deliberations. She was acquitted on another four, and a mistrial was declared on the remaining three counts.
Holmes was found guilty on one count of conspiracy to commit wire fraud against Theranos investors and three other counts of wire fraud against investors. She was acquitted on all four counts of wire fraud against patients. The jury deadlocked on three counts of fraud against investors.
Judge Edward J. Davila, who presided over the trial, is expected to sentence the fallen entrepreneur at a later date. The 37-year-old could face decades behind bars.
Holmes showed no visible emotion as the deputy court clerk read the verdict aloud.
"The jurors in this 15-week trial navigated a complex case amid a pandemic and scheduling obstacles," U.S. Attorney Stephanie Hinds told reporters Monday evening. "I thank the jurors for their thoughtful and determined service that ensured verdicts could be reached. The guilty verdicts in this case reflect Ms. Holmes’ culpability in this large-scale investor fraud, and she must now face sentencing for her crimes."
Holmes was not taken into custody after being convicted.
Her ex-boyfriend and former company COO, Ramesh "Sunny" Balwani, who is also her co-defendant in the case, had his trial severed from Holmes earlier this year after learning her lawyers might use abuse claims as part of their defense. He has firmly denied those allegations and is expected to stand trial in February.
Holmes, who had vowed to revolutionize the health care industry with technology that could run any test from a just a few drops of blood, was convicted of defrauding investors, in the rare criminal takedown of a Silicon Valley CEO.
During his rebuttal on Dec. 17, prosecutor John Bostic told jurors that Holmes' motive to commit fraud was not to cash in, but to bolster the company she had built.
"She committed these crimes because she was desperate for the company to succeed," Bostic said.
Holmes conviction comes after the jury in thetrial, following over 45 hours of deliberation, said Monday morning that they were "unable to come to a unanimous verdict on three of the counts," and would need more time to reach a decision.
Davila read the jury a deadlock instruction, reiterated Holmes' presumption of innocence, and sent the 12 back to the deliberation room to continue weighing the three counts of fraud on which they could not agree.
The jurors are tasked with weighing 11 fraud charges leveled against Holmes following weeks of witness testimony from insiders who worked at the blood-testing startup, and patients and investors who prosecutors say were defrauded by theTheranos founderonce lauded as the next Steve Jobs.
Holmes, 37, was initially chargedwith nine counts of wire fraud and two counts of conspiracy to commit wire fraud.
The jury began deliberating on Dec. 20. In the two weeks since, which included some time off for holidays, they have been largely quiet.