'Holmes belongs in prison, not a $13,000-a-month manor,' US prosecutors say

Theranos founder Elizabeth Holmes should report to prison as scheduled in April, prosecutors say, rather than living on an expensive estate while she appeals against her conviction.

As Holmes fought fraud charges she lived on an estate with reportedly $13,000 in upkeep costs each month, conceived two children and “continues to show no remorse”, government lawyers said in a court filing.

Now she’s seeking to loosen restrictions on her travel, citing “vague references” to her partner Billy Evans’ work, prosecutors said, accusing Holmes of having attempted to flee the country after her conviction.

“The government became aware on January 23, 2022, that defendant Holmes booked an international flight to Mexico departing on January 26, 2022, without a scheduled return trip,” prosecutors wrote in the filing. “Only after the government raised this unauthorised flight with defence counsel was the trip cancelled.”

According to an exhibit attached to the filing, Holmes’ lawyer Lance Wade said in a January 23 email to prosecutors that the former Theranos executive made the reservation before the verdict and hoped to attend the wedding of a close friend in Mexico.

“Given the verdict, she does not plan to take the trip — and therefore did not provide notice, seek permission, or request access to her passport (which the government has) for the trip,” Wade wrote.

Holmes appealed against her conviction on December 2, two weeks after she was ordered to serve 11 1/4 years in prison for deceiving investors in her blood-testing start-up. She argued she should be allowed to remain free because there’s no risk she will flee and because she will raise “substantial issues” that may warrant a new trial. A hearing is set for March 17.

The government also said Holmes can’t show “she does not present a danger to the community”.

“Despite the breadth of her conduct, defendant has not acknowledged the fraudulent nature of her conduct, rendering it more likely that she will repeat it in the future,” the US said in Thursday’s filing. Prosecutors said when Holmes was interviewed by probation officials, she shared a list of her patents related to blood-testing and said she wants to keep working on them as a future source of income.

US district judge Edward Davila already gave Holmes a “generous” 4-1/2 month period after sentencing to have her second baby before she must surrender for prison and the “time has come” for her to do her time behind bars for crimes committed almost a decade ago, prosecutors said. “There are not two systems of justice — one for the wealthy and one for the poor — there is one criminal justice system in this country.”

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