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November 18, 2022

Federal judge imposes (within guideline) sentence of 135 months on Theranos founder Elizabeth Holmes

After a lengthy sentencing hearing (and a favorable guideline calculation), Theranos founder Elizabeth Holmes heard US District Judge Edward Davila sentence her to 135 months in federal prison this afternoon.  (That's 11 years and three months for those not accustomed to math in base 12.) 

Why such a quirky number?  Apparently Judge Davila concluded the total loss in share value properly attributed to Holmes's fraud was $121 million, which was an integral finding to support his calculation that her guidelines range was 135-168 months. (The feds, some may recall, calculated her guideline range to be life.)

Here is the lede of the Wall Street Journal's coverage of the sentence: "Elizabeth Holmes, the founder of Theranos Inc. convicted of fraud, was sentenced to 135 months, or 11.25 years, in prison, capping the extraordinary downfall of a one-time Silicon Valley wunderkind."

Prior related posts:

November 18, 2022 at 05:23 PM | Permalink


I took the over on 10 a few threads ago and thought 12. Should be 15-18.

Posted by: Lawdevil | Nov 18, 2022 11:28:49 PM

Two things come to mind - with such a long time to self-surrender - does she take off (flight risk) or does she take her own life. I would hope that she continues to abide by the conditions of her pretrial release, but I can’t imagine how much pressure is on her now and how her mental health may suffer. She knows her sentence, knows that within months of having her second child, she will be in federal prison. She will be separated from her children for approximately 9 years - she’ll still gets her roughly 15% good time credit on her 135 month sentence. That thought alone seems incredibly overwhelming and devastating. I would hope her family is there to support her as they were before sentencing because she’s going to need it more now than ever.

Posted by: Atomicfrog | Nov 19, 2022 7:01:43 AM

So ghastly for this nudnik. AND she'll be past childbearing years.

Posted by: Fluffyross | Nov 19, 2022 9:58:29 AM

with a creative and persuasive compassionate release motion, she could be out in 5

Posted by: anon1 | Nov 19, 2022 12:19:29 PM

I predicted on this Blog that her sentence would be 121 to 151 months, so my criminal sentencing analytical mind appears to still be pretty good. One matter to consider now is whether her very wealthy husband will stand by her thru all those years in prison ahead of her, or whether, like so many others, he will divorce her. Because only 6% to 7% of Federal prison inmates are women, divorce rates for female prisoners are harder to come by than rates for the male prisoners. The divorce rate for men who go to prison is about 85%. Of the 15% of marriages that survive the man's time in prison, half (7.5%) of those marriages end during the first year after the man's release. So, stand by to see whether Elizabeth Holmes' marriage will endure, whether she keeps her "Good Time" credits or not.

Posted by: Jim Gormley | Nov 19, 2022 2:30:45 PM

She was greedy and deceitful and now has to pay for it. She made her own bed. Next case.

Posted by: Bill Otis | Nov 19, 2022 2:47:25 PM

Divorce rates for inmates are complicated. Many divorces are necessary because of forfeiture and fines. Sometimes the spouse fears indictment etc. Elizabeth Holmes is pregnant with her second child.

Just a note about our administrative agencies - All of her board members were government players - Henry Kissinger, Jim Mattis, George Schultz, William Perry and William Forge (head of the center for Disease Control).

These individuals have been responsible for enormous federal agencies and departments. It gives me pause.

Posted by: beth curtis | Nov 19, 2022 3:35:18 PM

In addition to her good time, she will be eligible to earn a year of earned time credit under the First Step Act. Her good time will get her to 9.5 years. The earned time could get her to 8.5.

Posted by: defendergirl | Nov 21, 2022 2:39:59 PM

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