Theranos founder Holmes is expected to receive a multi-year prison sentence after her judge hears arguments Friday in San Jose.
and make her pay $804 million in restitution, though acknowledging she was “not motivated by a short-term desire for financial gain.” Holmes said in her memo she has no money to pay restitution.This week, Holmes’ lawyers filed a response to the prosecution’s argument that Davila should factor into his sentencing $804 million in investor losses, including hundreds of millions she was not convicted on, saying that would be “unfair.
If Davila decides Friday to put Holmes behind bars, she is expected to ask him to delay the date she surrenders herself for incarceration, said criminal defense lawyer Carrie Cohen, who has been following Holmes’ case from New York. If Davila denies Holmes’ expected bid for delay, her legal team is likely tell him she plans to appeal to the San Francisco-based U.S. Court of Appeals for the Ninth Circuit, and ask that she remain free on bail while her appeal is pending. If Davila denies that request, she can make an emergency application to the Ninth Circuit, which could let her out within a couple of days until her appeal is finished, said Cohen, of Morrison Foerster.
The prosecution will address Davila on Holmes’ sentencing, followed by Holmes’ legal team. Davila may or may not let them respond to each other’s statements, Cohen said.
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