https://www.dailymail.co.uk/news/article-12191137/Elizabeth-Holmes-attorneys-say-afford-250-month-restitution-payments.htmlTheranos fraudster Elizabeth Holmes says she can't afford $250-a-month restitution payments to pay back $452 MILLION she scammed when she's released from Texas prison in 11 years
Holmes' attorneys said she has 'limited financial resources' and should not be put on a restitution payment schedule
By SOPHIE MANN FOR DAILYMAIL.COM
PUBLISHED: 20:24, 13 June 2023 | UPDATED: 03:07, 14 June 2023
An attorney for Holmes argued before a judge she has 'limited financial resources' and should not be made to pay $250 a month in restitution once she is released.
Theranos fraudster Elizabeth Holmes has said she will not be able to afford $250-per-month in restitution payments when she's released from prison in 11 years.
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Federal prosecutors say there was a clerical error in a court filing that resulted in no official post-prison payment schedule for Holmes.
The judge ordered Balwani to pay $25 quarterly while in prison, and at least $1,000, or at least 10 percent of his earnings, once he is released.
Holmes' legal team have not objected to $25 quarterly payments while she serves her time, but say prosecutors should not assume the failure of the judge to assign a post-prison payment schedule was a mistake.
Her lawyers, on Monday, sought to reject the correction proposed by prosecutors, arguing that the court had 'substantial evidence showing Ms. Holmes' limited financial resources and has appropriately treated Ms. Holmes and Mr. Balwani differently in sentencing.' In a lengthy New York Times profile last month, Holmes said she was unable to pay her legal bills, let alone restitution.
Rubbish. I thought that was what what her new family is for, giving her money and support.
That would be interesting to see how she'll pay her legal bill at the end of it.
Correct me if you think I am wrong. I don't know much about legal aid in America and whether Elzabeth Holmes is being represented by a free court appointed lawyer or is paying for one.
If she is paying for it say some fancy "star" lawyer, why would they defend her knowing that she can't afford them unless they were appointed?
https://en.wikipedia.org/wiki/Legal_aid_in_the_United_StatesLegal aid in the United States
Legal aid in the United States is the provision of assistance to people who are unable to afford legal representation and access to the court system in the United States. In the US, legal aid provisions are different for criminal law and civil law. Criminal legal aid with legal representation is guaranteed to defendants under criminal prosecution (related to the charges) who cannot afford to hire an attorney. Civil legal aid is not guaranteed under federal law, but is provided by a variety of public interest law firms and community legal clinics for free (pro bono) or at reduced cost.[1] Other forms of civil legal aid are available through federally-funded legal services, pro bono lawyers, and private volunteers
https://www.lawfuel.com/law-star-kevin-downey-elizabeth-holmes-lawyer/Law Star Kevin Downey – Elizabeth Holmes’ Lawyer
/ Law Stars - LawFuel's Leading Lawyers Profiles / January 5, 2022
Kevin Downey, a partner at the Washington law firm Williams & Connolly, is the lead lawyer for Holmes. Robert Leach, an assistant United States attorney for the Northern District of California, will lead the prosecution for the government, along with other prosecutors from the U.S. attorney’s office.
Holmes, a Stanford University dropout who founded Theranos in 2003 and raised $945 million from investors, was indicted on fraud charges in 2018. Her case has been plagued for years by delays: first over process, then the pandemic and finally, Ms. Holmes’s giving birth to a baby in August. She faced her high profile trial during the latter states of 2021 when she was found guilty on some of the charges levelled against her.
Education: Harvard Law School, J.D., magna cum laude, 1991; Editor, Harvard Law Review Dartmouth College, A.B., magna cum laude, 1988; Phi Beta Kappa
Career:
Served in a clerkship to Judge Edward R. Becker, United States Court of Appeals for the Third Circuit, 1991 – 1992
Honors/Awards Recognized for years for excellence in the practice of law by Chambers USA, Best Lawyers in America, Legal 500, Benchmark Litigation, Super Lawyers, and Washingtonian Magazine. Most recently he was in the “Top 100 Trial Lawyers in America,” Benchmark Litigation, 2021-2022
Personal – Kevin Downey grew up in Pittsburgh, Pennsylvania. He graduated magna cum laude from Dartmouth College in 1988 where he was elected to Phi Beta Kappa. He received his J.D., magna cum laude, from Harvard Law School, where he served as an Editor of the Harvard Law Review.
...
Professional –
The Elizabeth Holmes fraud trial placed Kevin Downey in the headlines, but he has been used to handling a variety of high profile civil and criminal law trials in the course of his career, most of which has been spent with the prestigious DC law firm Williams & Connolly, which he joined in 2000 and serves on the firm’s executive committee.
He has represented several Fortune 100 companies and some of the nation’s largest law firms in the course of his career. He has also represented dozens of corporate executives over many years and in relation to a variety of cases and claims, including the current and former CEOs of several Fortune 25 companies. He has also represented current and former government officials, including Cabinet members and has served as lead counsel and tried cases in federal and state courts and agencies across the country, as well as matters in arbitration.
His legal work has also seen him represent clients who are subject to investigation by committees of both Houses of the United States Congress. The Holmes trial, which saw the jury return four counts of guilty out of 11 charges, certainly placed him in the headlines and although not by any means a flamboyant publicity-seeker, Kevin Downey has cemented his reputation as one of the country’s leading trial attorneys.
https://www.nytimes.com/2021/12/08/technology/elizabeth-holmes-theranos-trial-defense.html#:~:text=Kevin Downey, a partner at,from the U.S. attorney's office.
Neama Rahmani, a former federal prosecutor and the president of the West Coast Trial Lawyers, said the pace of Ms. Holmes’s trial was sluggish. It is unusual to wait more than a week between the end of testimony and the start of closing arguments, he said.
“It’s one of the slowest trials I’ve ever heard of,” he said
....
Earlier in the trial, during testimony from 29 witnesses called by prosecutors, Ms. Holmes’s lawyers sought to poke holes and create confusion around the facts of the case. They attacked the credibility of investors, trying to show that they should have done better research on Theranos before investing to understand the risks and the details of its business. And * they tried to argue that patients who testified that they had received troubling blood test results * from Theranos were not qualified to interpret them.
Sounds very fancy to me. He seem like very "good" proactive lawyer at causing delays/"playing games" in court considering if they are not appointed and are representing her for free out of their own free will.
*Some went to other health centers to make sure according to a documentary I saw so they wouldn't interpret ir themselves. Sounds to me
deliberately out of touch and pretty nasty.
So because they are deemed "not qualified" to interpret their own test results they have no right to be concerned and have retests at other clinics and contest the results if they are different.