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Elizabeth Holmes, founding father of disgraced blood testing startup Theranos, instructed a decide Monday the U.S. authorities's accusations that she tried to flee after she was convicted of fraud have been "baseless" and "inaccurate."
Holmes was convicted on 4 counts of fraud in Jan. 2022 and sentenced final fall to greater than 11 years in jail.
Final week, in a submitting associated to deliberations about whether or not Holmes was a flight danger, the federal government stated that after her conviction, Holmes nonetheless had in her possession a one-way ticket to Mexico that officers solely realized about three days previous to her departure date.
Prosecutors characterised the itinerary as "an try and flee the nation shortly after she was convicted."
However an accompanying doc from one in all Holmes' attorneys defined that the ticket had been bought previous to her conviction.
Monday's submitting accused the federal government of leveling what it characterised as a false accusation.
"The federal government’s newfound declare that Ms. Holmes tried to flee is baseless," Holmes' attorneys write. "If the federal government thought she had, the Courtroom, Pretrial Providers, and the Probation Workplace would have heard she was a flight danger throughout the three years previous to trial and the 12 months since Ms. Holmes’ conviction."
They add that Holmes had already surrendered her passport, which "has been expired for years." Holmes has additionally been in frequent contact with a number of pretrial providers officers, they write. "She has a flawless pretrial providers file," they stated.
As a proof for the scheduled journey, the attorneys write that Holmes "hoped to be acquitted," at which level she'd be capable of attend the marriage of shut mates in Mexico in late January 2022. Her associate, William Evans, booked flights for himself and Holmes in December 2021, earlier than the decision.
"As soon as the decision was issued, Ms. Holmes didn't intend to make the journey," they write — and that, regardless, there was no method she may have gone, given the circumstances of her launch.
Moreover, they observe, "when the federal government inquired, protection counsel shortly responded and defined the state of affairs, and Mr. Evans canceled the ticket."
"'I don't imagine there's want for us to debate this additional, however I'll actually be in contact if that modifications, and please be at liberty to achieve out if you happen to disagree,'” lead prosecutor Jeffrey Schenk wrote to Holmes lawyer Lance Wade on January 23, 2022, Holmes' attorneys stated.
Lastly, Holmes' attorneys accuse the federal government prosecutors of misrepresenting Evans' itinerary, stating that he returned from Mexico by way of Tijuana 4 days after leaving for Mexico; the federal government had initially accused him of leaving for Mexico and returning six weeks later, from a distinct continent.
"Counsel for Ms. Holmes introduced these inaccuracies to the federal government’s consideration by electronic mail on January 20, 2023, and requested the federal government appropriate them," they write. "As of this submitting, the federal government has neither responded nor corrected the inaccuracies."
The attorneys add that the accusations “have been extensively reported within the press and have already got produced detrimental results for Ms. Holmes and her associate past this case,” with out elaborating.
Prosecutors didn't reply to a request for remark. Holmes has been ordered to give up to authorities in April to start serving her sentence.
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