Elizabeth Holmes, founder and former CEO of Theranos, arrives for movement listening to on Monday, November 4, 2019, on the U.S. District Court docket Home inside Robert F. Peckham Federal Constructing in San Jose, California.
Yichuan Cao | NurPhoto | Getty Photographs
Elizabeth Holmes’ attorneys strongly pushed again in opposition to the federal government’s makes an attempt to element her extravagant life-style earlier than a jury, saying the transfer “dangers invoking class prejudice” that’s irrelevant to her prison case.
Holmes, who’s going through a dozen prison wire fraud prices, earned a wage and advantages commensurate along with her place as CEO of Theranos, her attorneys wrote in courtroom paperwork filed late Tuesday.
The federal government has argued that Holmes’ high-flying life-style was fueled by her fraud.
Her attorneys say that is merely unfaithful.
They write the proof says nothing about her motive, “if it did any CEO may very well be mentioned to have a motive to commit fraud. Quite the actual worth of the proof to the federal government is to color a (deceptive) image of Ms. Holmes as a girl who prioritized style, an expensive life-style, and fame, and to ask a referendum on startup and company tradition.”
Introducing particulars of Holmes’ spending, her attorneys wrote, could be a waste of time, including that her so-called luxurious journey lodging seem like accredited by the Theranos board and justified by a busy journey schedule.
“Proof concerning the acquisition of pricy clothes, make-up and self-care merchandise, and different items (once more, none of that are alleged to be past her means), which the federal government intends to introduce by means of in any other case irrelevant emails by Ms. Holmes’ private assistants, doesn’t set up a motive to commit fraud” Holmes’ attorneys wrote, including that it as a substitute “seeks to inflame by interesting to stereotypes of sophistication and gender.”
Holmes typically wore a black turtleneck sweater, a picture she cultivated in print and broadcast media. Her attorneys level out that a lot of her clothes was bought for work occasions, including “the federal government ignores that Ms. Holmes was criticized for sporting the identical outfit on daily basis.”
Holmes’ attorneys argue her motive for earning profits as a CEO is “a proposition that would apply to anybody, whether or not wealthy or poor.”
Final month, prosecutors mentioned the truth that Holmes’ gained a wide range of tangible and intangible advantages “tends to point out that she meant to defraud with a view to acquire these advantages.”
Holmes, a Stanford dropout, had a six-figure wage and a billion greenback stake in Theranos till the corporate shut down in 2018.
One of many themes that has emerged within the authorities’s voluminous case filings has been that Holmes was extra motivated by cash and fame than revolutionizing the health-care business.