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Fraudster Elizabeth Holmes Has Prison Sentencing Delayed After Star Witness Raises Eyebrows

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CEO of Theranos Elizabeth Holmes, Executive Chairman Alibaba Group Jack Ma and former United States President Bill Clinton wait to speak on stage about the future of equality and opportunity at the Clinton Global Initiative at the Sheraton Hotel in New York City on September 29, 2015.

Oct. 4 2022, Published 1:51 p.m. ET

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The sentencing for former Theranos CEO Elizabeth Holmes is being delayed so a judge can decide whether or not federal prosecutors conducted misconduct with a star witness during her trial, Radar has learned.

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Holmes' sentencing was originally scheduled for Oct. 17, but U.S. District Judge Edward Davila has agreed on Oct. 3 to push it back. A jury found Holmes guilty in January of four of 11 counts of defrauding investors with Theranos. Each count carries a maximum sentence of 20 years.

During the summer, Adam Rosendorff, a former Theranos lab director reportedly showed up at Holmes' home, telling her he regretted his testimony as the government was trying to make everyone "look bad." Because of that, Holmes' attorneys asked for a new trial.

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Prosecutors responded by filing a sworn statement from Rosendorff that said he stood by his testimony. Still, Davila agreed to have a new hearing on Oct. 17 to speak with Rosendorff. Davila called the accusations "limited but serious."

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"The allegation is the possibility that the government may have engaged in misconduct," Davila said, according to NBC News. "The court takes that seriously.” If Davila sticks to the original ruling, Holmes' new sentencing could happen as late as January.

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Former President and CEO of Theranos Sunny Balwani, also Holmes' former romantic partner, was found guilty of all 12 counts of fraud. His sentencing is scheduled for Nov. 15.

The Theranos cases have been in the spotlight because of several Silicon Valley businesses that are promoted despite not having tangible results. Theranos was worth as much as $9 billion, though it was found that its blood pin-prick technology wasn't viable.

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