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Elizabeth Holmes Verdict Breakdown in Theranos Fraud Case

Elizabeth Holmes Verdict Breakdown in Theranos Fraud Case

Elizabeth Holmes was found guilty on four of 11 criminal charges against her. She was found not guilty of four charges, and jurors were unable to reach a verdict on three. 

Here’s the breakdown of each count:

  • GUILTY on Count No. 1 (conspiracy) -- Holmes conspired with former Theranos Inc. President Ramesh “Sunny” Balwani to defraud investors from 2010 to 2015.
  • NOT GUILTY on Count No. 2 (conspiracy) -- Charge of conspiring with Balwani to defraud Theranos patients from 2013 to 2016.
  • NO VERDICT on Count No. 3 (wire fraud) -- A former money manager and financial planner from Houston claimed that after investing about $1 million in the company when it was young, he tried in vain for years to get straight answers about the blood-testing startup from Holmes and Balwani.
  • NO VERDICT on Count No. 4 (wire fraud) -- Chris Lucas, a venture capitalist whose uncle, Donald Lucas, was an early Theranos investor and had served on the startup’s board, claimed he poured about $5 million in the company knowing it was a risk, but confident that it had good prospects with Holmes at the helm.
  • NO VERDICT on Count No. 5 (wire fraud) -- An executive of a Dallas-based real estate investment firm who had overseen an early $2 million investment in Theranos claimed he approved investing an additional $5 million after listening to Holmes on a 2013 conference call with investors -- a recording of which was played for the jury.
  • GUILTY on Count No. 6 (wire fraud) -- Brian Grossman, a hedge fund manager at PFM Health Sciences, claimed he did extensive research on Theranos before buying $96 million of private shares in the startup on behalf of institutional investors, pension funds and a “friends and family fund” for less wealthy individuals.
  • GUILTY on Count No. 7 (wire fraud) -- An investment adviser for the Betsy DeVos and her relatives claimed Holmes courted the family with voluminous investment binders, private conversations, a lengthy tour of the company, and a personalized on-site blood test.
  • GUILTY on Count No. 8 (wire fraud) -- An estate lawyer for Henry Kissinger said he helped Theranos line up investments totaling $370 million from from some of the wealthiest families in the U.S. -- the Waltons, the Coxes, the Oppenheimers and the DeVoses.
  • NOT GUILTY on Count No. 10 (wire fraud) -- A patient claimed she got a false positive HIV antibody result on a Theranos blood test.
  • NOT GUILTY on Count No. 11 (wire fraud) -- A patient claimed a faulty Theranos test result led him to believe he had an aggressive form of prostate cancer.
  • NOT GUILTY on Count 12 (wire fraud) -- Theranos spent $1.1 million on advertising to encourage consumers to patronize company-branded wellness centers.

NOTE: Count No. 9 was withdrawn by prosecutors during the trial.

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