Elizabeth Holmes’ appeal set to be heard Tuesday in federal court

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If notorious fraudster loses appeal, she could take her case to the U.S. Supreme Court, but statistically has a poor shot at a hearing there.

Theranos founder Elizabeth Holmes, center, arrives at the Robert F. Peckham Federal Building and U.S. Courthouse with her partner, Billy Evans, right, her mother, Noel Holmes, left, and her father, Christian Holmes, far left, in San Jose, Calif., on Friday, March 17, 2023.

Holmes’ legal team and the prosecution are set to argue the case at 9 a.m. in the U.S. Court of Appeals for the Ninth Circuit onof defrauding Theranos investors. She is seeking to have her conviction and 11-year prison sentence overturned, which would trigger a new trial. A series of Wall Street Journal exposés starting in 2015 led to federal probes and a U.S. Securities and Exchange Commission settlement fining Holmes $500,000 and barring her from serving as an officer or director of a public company for 10 years. In 2018, federal prosecutorsshaved about two years off her sentence

 

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