Theranos founder Elizabeth Holmes, imprisoned in Texas after felony fraud convictions, this week asked the federal court in San Jose to slash more than two years off her 11-year sentence, arguing that her work to help fellow prisoners and herself qualifies her for the reduction.
“Amidst the challenges of adjusting to incarceration, Ms. Holmes has dedicated herself to being an engaged prisoner, serving other women, and actively seeking opportunities to make a difference,” her lawyers said in a Wednesday filing in U.S. District Court in San Jose. “Ms. Holmes’ record in prison demonstrates that she is dedicated to learning from her journey and applying those lessons to serving her community.”
Holmes has “participated in or is on the wait list for every program recommended by prison personnel, including trauma treatment and ongoing counseling,” the filing said. Holmes has said she was raped in college and sexually abused by Sunny Balwani, former Theranos president and her former lover, who has denied her claim.
Holmes, a 41-year-old mother of two, was convicted by a jury on four counts of felony criminal fraud in early 2022 for bilking investors in her now-defunct Palo Alto blood-testing startup Theranos out of hundreds of millions of dollars. Jurors heard she duped investors with false claims about her technology, said to be capable of performing a full range of tests but only able to conduct a handful. Her trial judge in San Jose federal court, Edward Davila, sentenced her to 11 years and three months in prison. She started her prison term in May 2023.
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Holmes is serving her sentence at a minimum-security federal prison 100 miles northwest of Houston, Texas. As inmate No. 24965-111, she has already cut more than two years off her term, likely through good behavior and taking programs. She is scheduled to be released in February 2032.
Last month, a federal appeals court nixed her latest bid to overturn her conviction and sentence, narrowing her options for early freedom to a Hail Mary appeal to the U.S. Supreme Court, a presidential pardon, or, as it turned out this week, an argument that her “excellent post-sentencing conduct,” lack of previous criminal history, and her non-violent crimes make her eligible under federal sentencing guidelines for a sentence reduction of two years and three months.
“As expected, incarceration has been a harrowing and humbling experience,” the filing this week said. “But over the two years she has been incarcerated to date, Ms. Holmes has spent her time helping fellow prisoners as they navigate the justice system and prepare for reentry into the community.”
Holmes had a prison job as a re-entry clerk, helping to “assist women in finding and preparing for jobs and transitioning back to society across a range of areas, including childcare, healthcare, housing, and veterans’ benefits,” the filing said. “She recently transitioned to a full-time law apprenticeship through the Department of Labor, through which she helps her fellow prisoners on a range of legal matters, including child support and child protective services cases … and domestic violence and sexual assault issues.”
Holmes is also studying to become proficient in Spanish and “has built a set of Spanish-language law library resources,” the filing said, adding that she “will continue to devote herself to criminal justice issues once she is released.”