Elizabeth Holmes’ lawyers return to court to appeal her fraud conviction – NBC Bay Area

Lawyers for disgraced Theranos founder Elizabeth Holmes are due back in court in San Francisco on Tuesday morning to appeal her fraud conviction.

Some say the appeal is lengthy and unlikely to succeed, but at the same time, it’s potentially Holmes’ last best hope for a retrial.

Holmes’ lawyers will argue that some of the evidence presented during his trial was prejudicial and led directly to his guilty verdict.

Holmes, who is not expected to appear in court, is serving his prison sentence in Texas until 2032.

Legal analyst Steven Clark believes that Sunny Balwani, co-founder of Theranos and former partner of Holmes, who was also convicted on all counts against him, has less to overcome on appeal.

“I think Team Balwani actually has more growing up to do, particularly when it comes to the conspiracy accounts,” Clark said. “Mr Balwani was found guilty of conspiring with Ms Holmes, but she was found not guilty of conspiring with Mr Balwani, which is an inconsistent verdict and could provide grounds for appeal.”

Balwani’s appeal will also be heard.

Whatever the courts decide on either appeal, Clark says the impact of this conviction remains.

“This is another reminder to Silicon Valley that the government is going to pursue these cases very vigorously and continue to send the message that the culture of ‘fake it until you make it won’t work if you make it through the other side.’ from self-confidence to fraud,” Clark said.