Theranos founder Elizabeth Holmes fraud conviction has raised two big questions: Will she go to prison? And if so, for how long?
Holmes faces up to 80 years behind bars and a $1 million fine after her conviction on one count of conspiracy to commit wire fraud and three counts of wire fraud related to defrauding investors. Each count carries a maximum sentence of 20 years and a $250,000 fine.
Legal experts agree Holmes is headed for a cell. Judges’ broad discretion and federal sentencing guidelines make consecutive sentences rare — but those federal guidelines, and the judge’s history in fraud-case decisions, offer strong clues as to how long Holmes’ sentence might be.
Judge Edward Davila, who has set Holmes’ sentencing hearing for Sept. 26, has put big-money fraudsters into prison for lengthy terms. She remains free on bail pending her sentencing hearing.
Legal experts say Davila is likely to decide on a sentence that aligns with his history in cases like hers. But there’s also a wild card in the case: Holmes, 37, gave birth to a son in July.
Davila could easily justify a long sentence, said Stanford Law professor Robert Weisberg.
“If he gave her 12 years because of the loss amount she would have a very, very hard time overturning that on appeal,” Weisberg said. But he added, “I don’t think she’ll get that, or anything like that. She’s the mother of a young child.”
In seven local fraud cases, Davila sentenced all of those convicted to serve time…
