This website collects cookies to deliver better user experience. Cookie Policy
Accept
Sign In
The Wall Street Publication
  • Home
  • Trending
  • U.S
  • World
  • Politics
  • Business
    • Business
    • Economy
    • Real Estate
    • Markets
    • Personal Finance
  • Tech
  • Lifestyle
    • Lifestyle
    • Style
    • Arts
  • Health
  • Sports
  • Entertainment
Reading: Prosecution, Defense Make Closing Arguments
Share
The Wall Street PublicationThe Wall Street Publication
Font ResizerAa
Search
  • Home
  • Trending
  • U.S
  • World
  • Politics
  • Business
    • Business
    • Economy
    • Real Estate
    • Markets
    • Personal Finance
  • Tech
  • Lifestyle
    • Lifestyle
    • Style
    • Arts
  • Health
  • Sports
  • Entertainment
Have an existing account? Sign In
Follow US
© 2024 The Wall Street Publication. All Rights Reserved.
The Wall Street Publication > Blog > Tech > Prosecution, Defense Make Closing Arguments
Tech

Prosecution, Defense Make Closing Arguments

Last updated: December 17, 2021 12:33 am
Editorial Board
Share
Prosecution, Defense Make Closing Arguments
SHARE

SAN JOSE, Calif.—Prosecutors in Elizabeth Holmes’s criminal-fraud trial made their case one more time in closing arguments Thursday as jurors move closer to deciding the fate of the Theranos Inc. founder.

Contents
Newsletter Sign-upThe 10-Point.SHARE YOUR THOUGHTSTheranos and the Elizabeth Holmes Trial

Assistant U.S. Attorney Jeffrey Schenk gave jurors a summation of the government’s case against Ms. Holmes, arguing she knowingly and willfully lied about Theranos’s technology to salvage her startup as it quickly ran low on money.

“She chose to be dishonest,” Mr. Schenk said. “That choice was not only callous, it was criminal.”

The closing arguments offer a bookend to the closely watched trial that began Sept. 8, in which Ms. Holmes faces 11 counts of wire fraud and conspiracy to commit wire fraud. In his hourslong conclusion, Mr. Schenk sought to erase any doubt in jurors’ minds about Ms. Holmes’s guilt. He characterized her alleged fraud as deliberate, delineating numerous lies that were repeated to investors and business partners. Mr. Schenk said the lies were so convincing they resulted in a financial windfall and business deals for Ms. Holmes’s company.

Ms. Holmes could have told the truth, said Mr. Schenk, but honesty wouldn’t have brought in hundreds of millions of dollars in investment that Theranos needed, nor would it have brought in revenue from patients.

“Imagine for a moment what an honest pitch would have sounded like to investors in 2013,” Mr. Schenk told the jury. After 10 years of working on its technology, the company could perform only 12 types of patient blood tests on its proprietary devices, and even those were unreliable. And, contrary to claims Ms. Holmes made, Theranos didn’t have contracts with the military and its technology hadn’t been validated by major pharmaceutical companies, Mr. Schenk said.

“Ms. Holmes knew that these honest statements would not have led to revenue and she chose a different path,” he said.

After the government finished Thursday afternoon, one of Ms. Holmes’s defense attorneys began presenting closing arguments.

“The picture can change quite a good deal as a result of waiting for the full story,” defense lawyer Kevin Downey told the jury as he delved into his arguments.

In the trial of Elizabeth Holmes, prosecutors have shown texts, emails and audio clips portraying her in her own words. WSJ’s Shelby Holliday asked Sara Randazzo about key pieces of evidence and what to expect. Photo: Nick Otto/AFP/Getty Images

The case could go to the jury as soon as Friday, after prosecutors get to have the last word. Deliberations are expected to stretch into next week.

Mr. Schenk reminded the jury of the 29 witnesses the prosecution called to testify—former Theranos employees, a former board member, investors, patients and doctors—and listed the categories of lies Ms. Holmes allegedly told that helped her raise money and become a Silicon Valley superstar.

He said Ms. Holmes overstated Theranos’s technological capabilities, including that it could run tests for a full range of health conditions using a finger prick of blood; projected financial stability by inflating revenue projections; and gave misleading technology demonstrations. She misrepresented Theranos’s relationship with Walgreens Boots Alliance Inc., Mr. Schenk said, and concealed Theranos’s use of third-party commercial analyzers. She claimed Theranos had been validated by pharmaceutical companies, including by forging the logos of pharmaceutical giants onto Theranos reports, and touted contracts with the military, he said. She lied to the media and then shared the articles that contained her misstatements with investors, he said.


Newsletter Sign-up

The 10-Point.

A personal, guided tour to the best scoops and stories every day in The Wall Street Journal.


Mr. Schenk attempted to knock down an excuse Ms. Holmes often gave to investors and business partners during her time leading Theranos, one she repeated in her testimony during trial: She couldn’t share certain things about the company because they were trade secrets.

“The trade-secrets excuse is a red herring,” Mr. Schenk told the jury. “I don’t think you should accept the fact that trade secrets give her permission to make false statements.”

The prosecution must prove that Ms. Holmes intended to lie and knew she was acting unlawfully to secure a conviction. Mr. Schenk told the jury that Ms. Holmes’s alleged lies were intentional because of the depth of knowledge she had about her own company. She controlled the company’s most vital functions, he said: communications with investors, business development, public relations, financial projections, business partnerships, the company’s website and what was said to doctors and regulators.

Mr. Schenk showed the jury emails conveying customer complaints about inaccurate test results that were sent to Ms. Holmes, as well as text messages from Ramesh “Sunny” Balwani, Ms. Holmes’s former boyfriend and Theranos’s chief operating officer, alerting her to the terrible state of the company’s lab.

SHARE YOUR THOUGHTS

What do you think will be the outcome of the trial against Elizabeth Holmes? Join the conversation below.

In one email to Ms. Holmes, an attorney hired by Theranos raised questions about the truthfulness of claims on the company’s website. Mr. Schenk displayed internal financial projections the company controller shared with Ms. Holmes that show a much more modest financial outlook than the numbers Ms. Holmes gave investors.

“They are not just false statements, they are knowingly false statements,” Mr. Schenk said, in what became a refrain during his closing arguments.

Another element of the crime, Mr. Schenk said, is materiality, or showing the alleged misstatements could have impacted a victim’s decision-making. Mr. Schenk argued that what Ms. Holmes said to investors mattered to them when they chose to give Theranos millions of dollars, and that what patients were told informed their decision to get their lab tests done with Theranos.

Mr. Schenk said Ms. Holmes knew how to “catch flies with honey”—what to say to investors and how to treat them to get their money.

The defense countered that Ms. Holmes was earnest in her exchanges with investors. She conveyed to them only the feedback she got from the scientists and engineers who worked for her and that of medical experts at institutions such as Johns Hopkins University who told her Theranos’s technology worked, Mr. Downey told jurors.

A medical expert at Johns Hopkins who reviewed Theranos’s technology reported that it was “novel and sound,” according to earlier testimony.

“What does it say about Ms. Holmes?” Mr. Downey asked the jury. “She wasn’t afraid to have this technology validated.” He said Ms. Holmes’s willingness to have outside experts scrutinize her technology and that she welcomed feedback showed she didn’t have an intent to defraud.

He questioned the plausibility of Theranos deceiving Walgreens, as prosecutors have alleged. At the time of the first meeting between the companies, in 2010, Theranos was a 6-year-old startup with a 26-year-old CEO and no public presence. Walgreens was a major national retailer and publicly traded company, Mr. Downey said.

“It’s hard to see how Walgreens was defrauded,” Mr. Downey said.

Ms. Holmes’s testimony about the alleged emotional and sexual abuse she suffered from Mr. Balwani became the centerpiece of her time on the witness stand, although it didn’t directly address the charges against her. Mr. Balwani has denied all allegations of abuse.

Jurors were told by Mr. Schenk they shouldn’t let these allegations become an obstacle in their deliberations. He said that if jurors return a verdict of guilty, they aren’t saying they don’t believe her claims of abuse; or conversely, a not-guilty verdict doesn’t mean they believe her abuse allegations.

Mr. Schenk also cautioned the jury not to give weight to the defense’s portrayal of Ms. Holmes as an inexperienced and naive entrepreneur, because she dropped out of college at age 19 to start Theranos. By the time of the alleged fraud, he said, she had had many years of experience as CEO.

“Theranos didn’t need more experience to avoid the fraud,” he said. “They needed a CEO and a COO who interacted with people honestly.”

—Sara Randazzo contributed to this article.

Theranos and the Elizabeth Holmes Trial

Write to Heather Somerville at Heather.Somerville@wsj.com

Copyright ©2021 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8

TAGGED:Tech NewsWall Street Publication
Share This Article
Twitter Email Copy Link Print
Previous Article Electric-Truck Startup Rivian Plans  Billion Georgia Factory Complex Electric-Truck Startup Rivian Plans $5 Billion Georgia Factory Complex
Next Article Fentanyl Invades More Illicit Pills, With Deadly Consequences Fentanyl Invades More Illicit Pills, With Deadly Consequences

Editor's Pick

The Silent Weight of Privilege: Depression, Anhedonia, and the Psychoneuroimmunology of the 1%

The Silent Weight of Privilege: Depression, Anhedonia, and the Psychoneuroimmunology of the 1%

By Ekaterina J. YarleyHealth Psychology PhD Candidate When we think of wealth, we imagine immunity. Immunity from hardship, from stress,…

By Editorial Board 6 Min Read
Blynk and Myriota Companion to Develop Satellite tv for pc Connectivity for IoT Deployments
Blynk and Myriota Companion to Develop Satellite tv for pc Connectivity for IoT Deployments

Blynk, a number one IoT software program platform, and Myriota, a pioneer…

3 Min Read
7 Greatest Enterprise Informal Shirts For Males: Sensible & Sharp in 2025 | Fashion
7 Greatest Enterprise Informal Shirts For Males: Sensible & Sharp in 2025 | Fashion

We independently consider all beneficial services and products. Any services or products…

18 Min Read

Oponion

Taylor Swift’s Personal Jet: Every part to Know About Her Frequent Flights

Taylor Swift’s Personal Jet: Every part to Know About Her Frequent Flights

After two years, Taylor Swift’s historic Eras Tour has lastly…

December 24, 2024

Why conservatives hate faculty

Explaining the Proper is a weekly…

May 10, 2025

Huawei CFO Meng Wanzhou Reaches Deal With Justice Department

The U.S. Justice Department agreed to…

September 25, 2021

Omicron’s Severity Will Take More Time to Assess, Scientists Say

JOHANNESBURG—Scientists in South Africa say they…

December 3, 2021

Replace: Excessive surf advisory for Bay Space Shorelines till Friday evening

Coastal North Bay together with Level…

March 28, 2025

You Might Also Like

The Finest LED Face Masks and Pink-Gentle Remedy for At-Dwelling Therapies
Tech

The Finest LED Face Masks and Pink-Gentle Remedy for At-Dwelling Therapies

Finest Cooling LED Face Masks{Photograph}: SHARKShark CryoGlow Pink Blue & Infrared iQLED Face Masks & Underneath Eye CoolingThe Shark CryoGlow…

4 Min Read
Which Google Pixel Telephone Ought to You Purchase?
Tech

Which Google Pixel Telephone Ought to You Purchase?

Google Pixel telephones are our favourite Android telephones right here at WIRED and have been for a number of years.…

6 Min Read
The Finest Cat Toys for Your Furry Buddy
Tech

The Finest Cat Toys for Your Furry Buddy

Cats are stunning, attention-grabbing, bizarre creatures. They're additionally very choosy. Discovering toys that they're going to truly play with is…

16 Min Read
KLN GROUP INC. Revolutionizes Auto Transport with Technology-Driven Logistics Solutions Driving Innovation and Efficiency in High-End and Classic Car Shipping
TechTrending

KLN GROUP INC. Revolutionizes Auto Transport with Technology-Driven Logistics Solutions Driving Innovation and Efficiency in High-End and Classic Car Shipping

Chicago, IL – 03.11.2025 – KLN GROUP INC., a leader in high-end and classic vehicle transportation, is transforming the car…

3 Min Read
The Wall Street Publication

About Us

The Wall Street Publication, a distinguished part of the Enspirers News Group, stands as a beacon of excellence in journalism. Committed to delivering unfiltered global news, we pride ourselves on our trusted coverage of Politics, Business, Technology, and more.

Company

  • About Us
  • Newsroom Policies & Standards
  • Diversity & Inclusion
  • Careers
  • Media & Community Relations
  • WP Creative Group
  • Accessibility Statement

Contact

  • Contact Us
  • Contact Customer Care
  • Advertise
  • Licensing & Syndication
  • Request a Correction
  • Contact the Newsroom
  • Send a News Tip
  • Report a Vulnerability

Term of Use

  • Digital Products Terms of Sale
  • Terms of Service
  • Privacy Policy
  • Cookie Settings
  • Submissions & Discussion Policy
  • RSS Terms of Service
  • Ad Choices

© 2024 The Wall Street Publication. All Rights Reserved.

Welcome Back!

Sign in to your account

Lost your password?