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personpersonJeff SchenkJeff SchenkAssistant United States attorney and member of the prosecution team in the Elizabeth Holmes trial.← All People
ProsecutionU.S. Attorney's Office, Northern District of California

Jeff Schenk

Assistant United States attorney and member of the prosecution team in the Elizabeth Holmes trial.

3,018 lines·87 proceedings

About

Jeff Schenk questioned prospective jurors about whether professional credentials, experiences with law enforcement, case publicity, domestic violence, or views about government authority could affect their evaluation of the evidence. During the prosecution case, he then handled a series of examinations focused on the difference between Theranos's representations and what its records and witnesses described.

In questioning Wade Miquelon and Nimesh Jhaveri, Schenk used partnership documents and communications to develop Walgreens's expectations of finger-stick testing, rapid and broad testing, and a rollout conditioned on performance metrics. His redirects asked whether favorable assessments and continued confidence depended on representations that the technology worked, testing was accurate, and stated capabilities were current rather than merely aspirational. With investors John Bryan Tolbert and Daniel Mosley, he traced how company materials, a recorded investor call, validation claims, financial information, and Holmes's communications informed investment decisions. His redirects distinguished claims of current capability from future vision and addressed the defense focus on sophisticated investors and incomplete follow-up diligence.

Schenk's laboratory and patient examinations developed other parts of the prosecution's proof. Sunil Dhawan testified on direct about his limited operational involvement and signing 58 validation reports without seeing the Edison run an assay; Schenk's redirects separated Dhawan's assumptions from facts he had verified. Constance Cullen described validation work performed by Theranos that lacked sufficient technical detail and was later presented as independent validation. Mark Burnes and Mehrl Ellsworth addressed a reported PSA result of 26.1, repeat testing, and the need to confirm an abnormal result before further intervention.

During the defense case, Schenk cross-examined Fabrizio Bonanni to establish that his knowledge began with post-2016 board service and later Minilab work, not the earlier Edison testing or investor communications at issue.

In closing, Schenk organized investor and patient evidence around conspiracy, scheme, knowledge, materiality, intent, and interstate-wire requirements, while reminding jurors that the court's instructions controlled. He argued that the evidence showed deliberate deception rather than an ordinary business failure, distinguished evidence admitted only for notice or knowledge, and answered defense themes concerning inexperience, Holmes's decision not to sell stock, defense witnesses, and parts of Holmes's account. He told jurors they did not need to resolve Holmes's allegations of abuse by Ramesh Balwani to decide the fraud charges, and he requested guilty verdicts on the remaining counts.

Trial Record (87)

FederalFederal Criminal TrialAug 31, 2021 – Jan 3, 2022

Jeff Schenk examined prosecution witnesses about Theranos's claimed technology, Walgreens rollout, outside validation, investor communications, laboratory oversight, and patient-test results, and he cross-examined a defense witness to limit that witness's knowledge of earlier events. In closing, he organized the evidence around the fraud and conspiracy elements and argued that Holmes knowingly chose deception rather than permit Theranos to fail.

Jury Selection Day 1

Voir DirePanel One Voir Dire Resumes6lines spoken

Summary

The court examined Panel One's media exposure and impartiality, excused two prospective jurors who doubted they could remain unbiased and two for financial hardship, and continued screening for sensitive experiences and acceptance of core criminal-trial principles.

Voir DireGovernment Voir Dire of Panel One5lines spoken

Summary

The government screened Panel One for bias toward medical witnesses, ability to avoid case publicity, and concerns arising from experiences with interpersonal abuse or domestic violence; Mr. Lee requested private follow-up.

Jury Selection Day 2

Jury Selection Day 3

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Day 6

ProceduralJuror No. 12 Disclosure Inquiry6lines spoken

Summary

Juror No. 12 denied receiving case information from an indirect media contact or through KPMG connections and affirmed impartiality after the court clarified that the jury would not consider sentencing or punishment.

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Day 19

ProceduralDr. Dhawan Patient-Harm Testimony Dispute1highlight6lines spoken

Summary

Defense counsel challenged Dr. Sunil Dhawan's proposed patient-harm testimony, and the court permitted inquiry into when he formed his concern without categorically resolving admissibility.

Highlights (1)

Quoteβ€œI THINK IT'S THE SAME TYPE OF EVIDENCE AS THAT EVIDENCE IS, AND THAT EVIDENCE HAS COME IN, AND IT'S CERTAINLY RELEVANT AND ADMISSIBLE, AND I JUST DON'T KNOW THAT DR. DHAWAN'S IS OF A DIFFERENT TYPE SO I HAVE INSTRUCTED HIM NOT TO SAY THAT DURING TRIAL.”— Jeff SchenkThe prosecutor compared Dr. Dhawan's anticipated concerns with testimony already received while confirming that he had instructed Dr. Dhawan not to give the disputed statement at trial.Open in transcript →

Day 20

ProceduralHearing on Data-Integrity Questioning2highlights5lines spoken

Summary

The defense challenged questioning it believed implied unsupported data falsification; the prosecution disclaimed that inference from Dhawan's testimony, and the court found his examination balanced without taking immediate action.

Highlights (2)

procedural actionThe prosecution reserved its position on any broader closing argument pending review of the evidence but said it would not rely on Dhawan to establish false data. The court viewed the questioning of Dhawan as balanced, and the defense accepted Schenk's stated intent while reserving the possibility of raising the issue again.Open in transcript →
Quoteβ€œTHIS WITNESS WASN'T THERE ENOUGH TO KNOW ABOUT THE INTEGRITY OF THE DATA. WE DEFINITELY DON'T INTEND TO ARGUE THAT THIS WITNESS SUBSTANTIATES A CLAIM NOW THAT THE INTEGRITY OF THE DATA AT THERANOS WAS FALSE. THIS WITNESS PROVES A DIFFERENT POINT.”— Jeff SchenkSchenk expressly limited the inference the prosecution intended to draw from Dhawan's testimony.Open in transcript →

Day 23

ProceduralEvidentiary Conference on Tolbert Exhibits6lines spoken

Summary

Judge Davila ordered the admission process for Exhibit 5387-D repeated before the jury and heard competing arguments over Tolbert-related notes and a 2016 shareholder communication, leaving their disputed uses unresolved pending testimony and cross-examination.

RedirectJohn Bryan Tolbert β€” RedirectJohn Bryan TolbertJeff Schenk1highlight8lines spoken

Summary

Tolbert clarified that he believed some pharmaceutical and military programs continued despite announced pauses and distinguished a statement about combinations of tests from a claim about thousands of tests.

Highlights (1)

testimony highlightSchenk revisited whether Holmes had claimed the technology could perform thousands of tests; Tolbert instead confirmed the quoted statement that it could run any combination of laboratory tests from tiny samples.Open in transcript →

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Day 31

ProceduralLIS Evidence and Door-Opening Hearing6lines spoken

Summary

The parties debated whether a possible missing-LIS argument would open the door to evidence about the system's unavailability, and the defense agreed to provide limited notice by the next afternoon. The government also announced a limited recall of Danise Yam concerning an email.

Day 33

ProceduralLIS Evidence and Trial-Management Hearing1highlight4lines spoken

Summary

The court heard competing positions on whether LIS cross-examination had opened the door to broader government evidence and whether the defense could later argue that missing LIS data reflected a failure of proof. The defense declined to limit its arguments, and the court issued no new ruling.

Highlights (1)

Quoteβ€œTHE DEFENSE SHOULDN'T BE ABLE TO HAVE IT BOTH WAYS. THAT REALLY IS THE SUM OF IT.”— Jeff SchenkThe prosecutor distilled the government's position that a closed evidentiary door could not coexist with a defense closing argument faulting the absence of LIS evidence.Open in transcript →

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ProceduralExhibit Admissibility Proceedings3lines spoken

Summary

The court admitted limited portions of two defense exhibits solely for Holmes's state of mind, kept the remaining customer-feedback material out, and then marked the close of evidence after the defense rested and the government declined rebuttal.

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Day 46

ClosingClosing Argument by the ProsecutionJeff Schenk6highlights41lines spoken

Summary

The prosecution argued that Holmes knowingly deceived investors and patients, linked the documentary and testimonial record to the conspiracy and wire-fraud elements, rebutted the principal defense themes, and requested guilty verdicts on all remaining counts.

Highlights (6)

Quoteβ€œSHE CHOSE FRAUD OVER BUSINESS FAILURE.”— Jeff SchenkThis sentence stated the prosecution's central theory that the charged conduct was a deliberate alternative to permitting Theranos to fail.Open in transcript →
otherSchenk mapped the two conspiracy theories and the investor and patient wire-fraud counts, then connected the charged crimes to agreement, knowledge, intent, materiality, and interstate-wire requirements.Open in transcript →
evidence eventAfter the recess, Schenk addressed the patient counts through advertising claims, assay and quality-control records, HCG and PSA timelines, laboratory warnings, physician communications, and the interstate faxes and media-buy transfer.Open in transcript →
Quoteβ€œTHE BURDEN IS ON THE GOVERNMENT. THAT NEVER CHANGES.”— Jeff SchenkSchenk expressly acknowledged the prosecution's continuing burden while transitioning to rebuttal of defense arguments.Open in transcript →
Show all 6 highlights
Quoteβ€œIF YOU RETURN A VERDICT OF GUILTY, YOU'RE NOT SAYING THAT WE, THE JURY, DO NOT BELIEVE MS. HOLMES'S CLAIMS OF ABUSE.”— Jeff SchenkThe prosecution argued that jurors could decide the fraud charges without resolving Holmes's allegations about abuse by Balwani.Open in transcript →
emotional momentSchenk closed by contrasting employee warnings and resignations with Holmes and Balwani's conduct, then asked the jury to find Holmes guilty on every count based on the evidence and her own words.Open in transcript →

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