San Jose, Calif. (AP) – Elizabeth Holmes is a flight risk and should not be allowed to live outside prison while she appeals an 11-year prison sentence for defrauding investors, federal prosecutors said in court documents.
Federal prosecutors said in a motion filed Thursday in federal court in northern California that Holmes has a one-way plane ticket to Mexico for Jan. 26, 2022, three weeks after a jury indicted her on four counts of fraud and conspiracy. The ticket was booked.
Holmes, who was Theranos’ CEO during the company’s turbulent 15-year history, was indicted in a scheme that revolved around the company’s claims that it had developed a medical device that could detect medical conditions with just a few drops of blood. Can detect many diseases and conditions. But the technology never worked and the claims were false.
Prosecutors said Holmes booked the 2022 flight without a scheduled return trip and canceled it only after prosecutors contacted Holmes’ lawyers about the “unauthorized flight”.
Holmes’ attorneys did not immediately respond to email and phone messages from The Associated Press on Friday. In emails responding to prosecutors’ concerns about the trip, planned for January 23, 2022, he said Holmes had booked it before the jury’s decision to attend a wedding in Mexico.
Lance Wade, one of Holmes’ attorneys, wrote, “In view of the judgment, she does not plan to travel and therefore did not give notice, ask permission or request access to her passport (which is with the government) to travel.” not requested.”
On November 17, US District Judge Edward Davila sentenced Holmes to no more than 11 years in prison. Davila ordered Holmes, who is pregnant, to report to prison on April 27, to give her enough time to give birth to her second child. She gave birth to a son shortly before her trial began last year.
Prosecutors did not contest Davila’s decision to grant Holmes five months’ freedom or bring up the fact that they considered him a flight risk.
Holmes is due back in court on March 17 for a hearing on her request to stay out of prison while she appeals her conviction.
