Judge denies Theranos founder Elizabeth Holmes appeal to remain free

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Judge denies Theranos founder Elizabeth Holmes appeal to remain free
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Disgraced Theranos founder Elizabeth Holmes has lost her bid to remain out of federal prison while appealing her conviction for defrauding investors out of millions in one of Silicon Valley's most noteworthy startup failures.

The 90-minute hearing in March, one of Holmes lawyers -- Amy Saharia -- argued that Holmes should be allowed to remain free because of various missteps in the presentation and omission of evidence during her four-month trial that make it likely an appeals court will overturn her conviction on four counts of fraud and conspiracy.

Federal prosecutor Kelly Volkar countered there is"no likelihood for reversal" of Holmes' conviction and asserted that the trial documented seven different categories of deception that she engaged in while running Theranos. But the Edison produced such wildly unreliable results that Theranos began relying on third-party testing equipment already widely used on the market — a switch that Holmes concealed in an effort to keep the company afloat.The two opposing sides also sparred over how much restitution Holmes should pay defrauded investors whose trust briefly boosted her wealth to $4.5 billion based on Theranos' peak value before its collapse.

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