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Theranos founder Elizabeth Holmes faces jury deliberation - The Washington Post

 2 years ago
source link: https://www.washingtonpost.com/technology/2021/12/17/elizabeth-holmes-jury-deliberations/
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Closing arguments in Theranos founder Elizabeth Holmes’s trial are done. Now the jury decides.

The judge handed the case to jurors Friday, after more than three months of proceedings

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People in the courtroom are depicted listening to closing arguments in Theranos founder Elizabeth Holmes's fraud trial in federal court in San Jose. (Vicki Behringer/Reuters)
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SAN JOSE — Arguments in the Elizabeth Holmes trial drew to a close here Friday after a more than three-month proceeding in the case of the former blood-testing start-up chief executive.

The defense and prosecution wrapped up their cases with sweeping and lengthy arguments, urging jurors to see their sides in the wire fraud trial. The jury of eight men and four women heard instructions Friday, and the judge handed them the case to start deliberations. The jury will return to deliberate Monday.

Defense attorney Kevin Downey told jurors that when Holmes found out there were issues with the company’s lab, she took action to fix them.

“You know that at the first sign of trouble, crooks cash out, criminals cover up and rats leave a fleeing ship,” he told jurors. “She didn’t do any of this. None.”

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Holmes is on trial for allegedly misleading investors and patients about her now-defunct company Theranos and its blood-testing devices, which the start-up once claimed could run hundreds of tests from a small “nanotainer” of blood drawn from a patient’s fingertip.

That was never true, the prosecution argued in its closing argument Thursday, laying out evidence for jurors that the technology wasn’t as capable as claimed and that Holmes knew that.

“Ms. Holmes made the decision to defraud her investors and then to defraud patients,” prosecutor Jeff Schenk said. “She chose fraud over business failure. She chose to be dishonest with investors and with patients.”

The defense pushed back during its closing argument, saying the case of Theranos’s downfall was more complex and nuanced than the government’s portrayal.

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“Elizabeth Holmes was building a business and not a criminal enterprise,” Downey said.

Downey told jurors Friday that Holmes did not “intentionally make misrepresentations to attract investors.” The investors were sophisticated, did their due diligence and were pleased with Theranos’s budding relationship with Walgreens, he said.

“Now, people lost money. I don’t mince words about that,” Downey said. “Ms. Holmes certainly did not intend for people to lose money. That’s a bad event and a failure on her part.”

Theranos raised about $900 million from investors, including high-profile figures such as Rupert Murdoch and the family of former education secretary Betsy DeVos.

Theranos also attempted many times to work with the military, Downey said, and even made an agreement with the Defense Department’s Central Command to conduct a study of Theranos’s devices in Afghanistan.

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That study never happened. Theranos’s technology was never used in military helicopters or on battlefields, as some investors say the company told them.

But Downey used the study agreement to try to show that Holmes was telling investors about Theranos’s potential with the military and the company’s work toward that end.

Holmes rose to fame less than a decade ago, capturing investors’ and the media’s attention with her vision for less-invasive medical technology. Her attire of black turtlenecks drew comparisons to the late Apple chief executive Steve Jobs, and her youth and deep voice commanded attention.

But in 2015, the Wall Street Journal reported that the company was not all that it seemed — its technology did not work as advertised. Theranos eventually crumbled in 2018 amid media and regulatory investigations. The tale has since become the subject of multiple podcasts, documentaries and books.

Holmes is charged with 11 counts of conspiracy to commit wire fraud and wire fraud. She has pleaded not guilty.

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The trial, which began in September, has included testimony from former employees, business partners and Holmes herself, who took the stand over the course of seven days to defend her actions. She acted in good faith, she told jurors, saying she “never” took steps to mislead investors.

Leading a failed start-up is not a crime, prosecutor John Bostic said in his rebuttal to the defense’s closing statement, invoking one of the defense’s arguments. But Holmes refused to accept that failure and broke a law, he said.

“Instead, we see a CEO of a company who was so desperate for the company to succeed, so afraid of failure, that she was willing to do anything to keep that company from failing,” Bostic said.

What to know about Theranos and Elizabeth Holmes

Elizabeth Holmes, the founder of Theranos who rocketed to fame nearly a decade ago, is accused of misleading investors and patients about the capability of her company’s blood-testing technology.

Holmes is on trial for 11 counts of wire fraud and conspiracy to commit wire fraud. She has pleaded not guilty.

Her defense lawyers have argued that she acted in good faith while running Theranos.

On the stand, Holmes revealed a cornerstone of her defense: that her former partner and the company’s president had allegedly abused and controlled her.

While Theranos might have collapsed, but other blood diagnostic start-ups are still raising cash.

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