Verdict
58 lines(SIDE-BAR PROCEEDINGS HELD UNDER SEAL.) /// ///
JUDGE DAVILA: THANK YOU. WE'RE BACK ON THE RECORD. ALL PARTIES PREVIOUSLY PRESENT ARE PRESENT ONCE AGAIN. WE'RE OUTSIDE OF THE PRESENCE OF THE JURY. DID YOU MAKE COPIES OF NOTE 5?
COURT CLERK: I DID, YOUR HONOR.
JUDGE DAVILA: IF YOU COULD PASS THAT OUT.
COURT CLERK: (HANDING.)
JUDGE DAVILA: WE DO HAVE NOTE 5 FROM THE JURY, AND MS. KRATZMANN CAN PASS THAT OUT NOW. THE NOTE READS: "AS PER THE COURT'S INSTRUCTIONS WE'VE REACHED A UNANIMOUS VERDICT." IT'S SIGNED BY JUROR NUMBER 2, I BELIEVE, THE FOREPERSON. SO LET'S ASK OUR JURY TO RETURN TO THE COURTROOM.
COURT CLERK: YES, YOUR HONOR.
(JURY IN AT 4:03 P.M.)
JUDGE DAVILA: THANK YOU. PLEASE BE SEATED. WE ARE BACK ON THE RECORD. ALL PARTIES PREVIOUSLY PRESENT ARE PRESENT ONCE AGAIN. ALL COUNSEL, MS. HOLMES IS PRESENT, OUR JURY IS PRESENT. AGAIN, THANK YOU FOR YOUR PATIENCE, LADIES AND GENTLEMEN. I HAVE RECEIVED NOTE NUMBER 5, AND IT INDICATES AS FOLLOWS: "AS PER THE COURT'S INSTRUCTIONS WE'VE REACHED A UNANIMOUS VERDICT." LET ME ASK JUROR NUMBER 2, HAS THE JURY REACHED VERDICTS IN THIS CASE?
JUROR: YES.
JUDGE DAVILA: ALL RIGHT. THANK YOU. DO YOU HAVE THE VERDICT FORM?
JUROR: YES (INDICATING).
JUDGE DAVILA: ALL RIGHT. THANK YOU. I'LL ASK MS. KRATZMANN TO COLLECT THAT FROM YOU, PLEASE.
(PAUSE IN PROCEEDINGS.)
JUDGE DAVILA: I'M GOING TO RETURN THE VERDICT FORM. IT'S NOT DATED. DO WE HAVE A PEN?
COURT CLERK: YES, WE DO. (HANDING.) THANK YOU.
(PAUSE IN PROCEEDINGS.)
JUDGE DAVILA: ALL RIGHT. THANK YOU. ALL RIGHT. THANK YOU. I'M NOW GOING TO ASK MS. KRATZMANN, OUR COURTROOM DEPUTY, TO PUBLISH THE VERDICTS. WHAT THAT MEANS, LADIES AND GENTLEMEN, IS I'M GOING TO ASK MS. KRATZMANN TO READ THE VERDICT FORM INTO THE RECORD. LADIES AND GENTLEMEN OF THE JURY, PLEASE LISTEN CLOSELY AS MS. KRATZMANN READS YOUR VERDICTS. WHEN SHE'S FINISHED, I'M GOING TO HAVE HER POLL THE JURY, THAT IS, SHE'S GOING TO ASK EACH OF YOU INDIVIDUALLY AS TO WHETHER OR NOT THESE VERDICTS ARE YOUR TRUE AND CORRECT VERDICTS. MS. KRATZMANN.
COURT CLERK: YES, YOUR HONOR. LADIES AND GENTLEMEN OF THE JURY, HEARKEN TO YOUR VERDICT FOR IT WILL STAND RECORDED. IN THE UNITED STATES DISTRICT COURT OF THE NORTHERN DISTRICT OF CALIFORNIA FOR THE MATTER OF CASE NUMBER 18-CR-00258-EJD, UNITED STATES OF AMERICA VERSUS ELIZABETH HOLMES. WE, THE MEMBER OF THE JURY IN THE ABOVE-ENTITLED CASE, UNANIMOUSLY FIND THE DEFENDANT, ELIZABETH HOLMES: 1. GUILTY OF THE CHARGE OF CONSPIRACY TO COMMIT WIRE FRAUD AGAINST THERANOS INVESTORS, IN VIOLATION OF 18 U.S.C. SECTION 1349, AS CHARGED IN COUNT ONE OF THE INDICTMENT. 2. NOT GUILTY OF THE CHARGE OF CONSPIRACY TO COMMIT WIRE FRAUD AGAINST THERANOS PAYING PATIENTS, IN VIOLATION OF 18 U.S.C. SECTION 1349, AS CHARGED IN COUNT TWO OF THE INDICTMENT. 3. NO VERDICT. 4. NO VERDICT. 5. NO VERDICT. 6. GUILTY OF THE CHARGE OF WIRE FRAUD AGAINST THERANOS INVESTORS, IN VIOLATION OF 18 U.S.C.
SECTION 1343, IN CONNECTION WITH A WIRE TRANSFER OF $38,336,632 ON OR ABOUT FEBRUARY 6TH, 2014, AS CHARGED IN COUNT SIX OF THE INDICTMENT. 7. GUILTY OF THE CHARGE OF WIRE FRAUD AGAINST THERANOS INVESTORS, IN VIOLATION OF 18 U.S.C. SECTION 1343, IN CONNECTION WITH A WIRE TRANSFER OF $99,999,984 ON OR ABOUT OCTOBER 31ST, 2014, AS CHARGED IN COUNT SEVEN OF THE INDICTMENT. 8. GUILTY OF THE CHARGE OF WIRE FRAUD AGAINST THERANOS INVESTORS, IN VIOLATION OF 18 U.S.C. SECTION 1343, IN CONNECTION WITH A WIRE TRANSFER OF $5,999,997 ON OR ABOUT OCTOBER 31ST, 2014, AS CHARGED IN COUNT EIGHT OF THE INDICTMENT. 10. NOT GUILTY OF THE CHARGE OF WIRE FRAUD AGAINST THERANOS PAYING PATIENTS, IN VIOLATION OF 18 U.S.C. SECTION 1343, IN CONNECTION WITH A WIRE TRANSMISSION OF PATIENT E.T.'S LABORATORY BLOOD TEST RESULTS ON OR ABOUT MAY 11TH, 2015, AS CHARGED IN COUNT TEN OF THE INDICTMENT. 11. NOT GUILTY OF THE CHARGE OF WIRE FRAUD AGAINST THERANOS PAYING PATIENTS, IN VIOLATION OF 18 U.S.C. SECTION 1343, IN CONNECTION WITH A WIRE TRANSMISSION OF PATIENT M.E.'S LABORATORY BLOOD TEST RESULTS ON OR ABOUT MAY 16TH, 2015, AS CHARGED IN COUNT ELEVEN OF THE INDICTMENT. 12. NOT GUILTY OF THE CHARGE OF WIRE FRAUD AGAINST THERANOS PAYING PATIENTS, IN VIOLATION OF 18 U.S.C. SECTION 1343, IN CONNECTION WITH A WIRE TRANSFER OF $1,126,661 ON OR ABOUT AUGUST 3RD, 2015, AS CHARGED IN COUNT TWELVE OF THE INDICTMENT. THIS IS DATED JANUARY 3RD, 2022, BY THE JURY FOREPERSON.
JUDGE DAVILA: THANK YOU. MADAM CLERK, IF YOU WOULD PLEASE POLL THE JURY.
COURT CLERK: YES, YOUR HONOR. JUROR NUMBER 1, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES, THAT IS MY VERDICT.
JUDGE DAVILA: DO WE HAVE A MICROPHONE? IF YOU COULD SPEAK LOUDER, JUROR NUMBER 1?
JUROR: THAT IS MY VERDICT.
JUDGE DAVILA: THANK YOU.
COURT CLERK: TEST, TEST.
(HANDING.)
COURT CLERK: JUROR NUMBER 2, IS THAT YOUR VERDICT AS READ BY THE COURT.
JUROR: YES.
COURT CLERK: JUROR NUMBER 3, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES.
COURT CLERK: JUROR NUMBER 4, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES.
COURT CLERK: JUROR NUMBER 5, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES.
COURT CLERK: JUROR NUMBER 6, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES.
COURT CLERK: JUROR NUMBER 7, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES.
COURT CLERK: JUROR NUMBER 8, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES.
COURT CLERK: JUROR NUMBER 9, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES.
COURT CLERK: JUROR NUMBER 10, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES.
COURT CLERK: JUROR NUMBER 11, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES.
COURT CLERK: AND JUROR NUMBER 12, IS THAT YOUR VERDICT AS READ BY THE COURT?
JUROR: YES.
JUDGE DAVILA: THANK YOU. THE JURY HAVING BEEN POLLED AS TO THEIR VERDICTS, THE COURT WILL NOW ASK THE CLERK TO RECORD THOSE VERDICTS THAT HAVE BEEN REACHED. I'LL ORDER THOSE RECORDED AT THIS TIME. LADIES AND GENTLEMEN OF THE JURY, IT'S NOW MY OPPORTUNITY TO THANK YOU, THANK YOU FOR YOUR SERVICE AS JURORS IN THIS CASE. IT'S BEEN A LONG CASE. WE COLLECTIVELY HAVE BEEN THROUGH MANY THINGS. OUR CURRENT PANDEMIC SITUATION AFFECTED US SUCH THAT YOU'RE SEATED IN THE WAY THAT YOU'RE SEATED. I HAD YOU MOVE AND ROTATE AROUND. YOU ARRIVED EARLY CONSISTENTLY. MANY OF YOU DROVE MILES AND MILES TO GET TO THE COURTHOUSE TO FULFILL YOUR OBLIGATIONS AS JURORS, AND I'M GRATEFUL. AND ON BEHALF OF ALL OF THE JUDGES AND MY COLLEAGUES OF THE NORTHERN DISTRICT OF CALIFORNIA, I WANT TO EXTEND MY THANKS AND GRATITUDE FOR YOUR SERVICE.
IT'S JUST AMAZING TO HAVE YOU COME FROM YOUR JOBS, FROM YOUR FAMILIES, MAKE THOSE SACRIFICES TO COME AND BE A PARTICIPANT IN YOUR JUSTICE SYSTEM, AND I HOPE YOU'RE PROUD OF YOUR SERVICE HERE TODAY. BEFORE, BEFORE I DO EXCUSE YOU, FORMALLY EXCUSE YOU, I DO WANT TO TALK TO YOU ABOUT A COUPLE OF THINGS. FIRST OF ALL, WHEN YOU ARE EXCUSED, YOU RECALL THE ADMONITION THAT YOU PROBABLY COULD RECITE BY HEART THAT I READ TO YOU EVERY MORNING AND EVERY EVENING WHEN WE LEFT. THAT ADMONITION WILL NOW LONGER BE IN PLACE, WHICH IS TO SAY YOU MAY, IF YOU WISH, DISCUSS, TALK WITH ANYONE ABOUT THIS CASE. THAT'S ENTIRELY UP TO YOU.
HOWEVER, IF YOU FEEL THAT SOMEONE IS INAPPROPRIATE IN THEIR APPROACH OR THEIR CONTACT WITH YOU, OR IF THEY, FOR EXAMPLE, THEY CONTINUE TO CONTACT YOU AFTER YOU'VE ASKED THEM TO LEAVE YOU ALONE OR AFTER YOU'VE SAID NO, YOU'VE EXPRESSED YOUR DESIRE NOT TO COMMUNICATE, THAT WOULD BE INAPPROPRIATE ON THAT OTHER PARTY'S PART, AND YOU SHOULD NOTIFY THE COURT IMMEDIATELY OF SUCH CONDUCT SO THAT THE COURT CAN TAKE WHATEVER ACTION WOULD BE APPROPRIATE. I DO WANT TO -- AND THIS IS SOMETHING THAT I DO WITH EVERY JURY THAT I HAVE THE PRIVILEGE OF WORKING WITH, LADIES AND GENTLEMEN, AND THAT IS, I EXTEND AN INVITATION TO THE JURY TO COME BACK TO MY OFFICE JUST BEHIND THIS WALL HERE AND ALLOW ME THE PRIVILEGE OF PERSONALLY THANKING EACH OF YOU FOR YOUR SERVICE, AND ALSO THE OPPORTUNITY FOR ME TO INQUIRE OF YOU OF WHAT WE, THE COURT, CAN DO TO ENHANCE YOUR EXPERIENCE AS JURORS. AND I'M SERIOUS ABOUT THAT.
I DO ASK JURORS WHAT CAN WE DO TO MAKE THINGS BETTER, EASIER, MORE EFFICIENT, AND A PROCESS THAT IS MORE COMFORTABLE FOR OUR JURORS. I'M GOING TO EXTEND THAT INVITATION. NOW, IT'S NOT AN ORDER. I CAN'T ORDER YOU TO DO THAT. BUT I WOULD HOPE THAT YOU WOULD SEE IT AS AN INVITATION TO, AGAIN, ALLOW ME TO THANK YOU, EXPRESS MY GRATITUDE TO YOU PERSONALLY. I WON'T KEEP YOU LONG. I PROMISE YOU THAT. BUT I DO WELCOME THE OPPORTUNITY TO GIVE PERSONAL THANKS TO THE JURORS AND THEN YOU CAN LEAVE. I CAN'T ORDER YOU TO DO THAT. IT'S ON YOUR OWN. IF YOU WOULD LIKE TO COME BACK AND SEE MY OFFICE, I WOULD BE HAPPY TO SHARE THAT WITH YOU FOR JUST A MOMENT. I DO WANT TO ASK YOU COLLECTIVELY ONE QUESTION, THOUGH, AND I'M GOING TO ASK YOU TO PLEASE PAY ATTENTION TO THIS QUESTION AND I'M GOING TO ASK YOU IF YOU HAVE RESPONSE TO THIS QUESTION, PLEASE RAISE YOUR HAND SO I CAN KNOW YOUR RESPONSE.
IF YOU WISH TO SPEAK PRIVATELY ABOUT THIS QUESTION OR YOUR RESPONSE TO THE QUESTION, PLEASE LET ME KNOW, AND I'D BE HAPPY TO ACCOMMODATE THAT AS WELL. AND HERE'S THE QUESTION, LADIES AND GENTLEMEN: DURING YOUR DELIBERATIONS, DID YOU OBSERVE ANYONE MONITORING OR RECORDING THE DELIBERATIONS OR AT ANY TIME HAVE A BELIEF OR SUSPICION THAT THE DELIBERATIONS WERE MONITORED OR RECORDED IN ANY WAY? DID ANY OF YOU HAVE THAT? I'M GOING TO READ IT ONE MORE TIME. DURING YOUR DELIBERATIONS, DID YOU OBSERVE ANYONE MONITORING OR RECORDING THE DELIBERATIONS OR AT ANY TIME HAVE A BELIEF OR SUSPICION THAT THE DELIBERATIONS WERE MONITORED OR RECORDED IN ANY WAY? ANYONE HAVE AN AFFIRMATIVE RESPONSE TO THAT QUESTION? I SEE HEADS MOVING LEFT TO RIGHT, WHICH IS THE UNIVERSAL SIGN OF "NO" I BELIEVE. IF ANYONE HAS AN AFFIRMATIVE, THAT IS, "YES" TO THAT QUESTION, WOULD YOU RAISE YOUR HAND NOW. I SEE NO HANDS. THANK YOU. LET ME ASK COUNSEL, ANYTHING FURTHER BEFORE I DISCHARGE AND OTHERWISE EXCUSE THIS JURY?
MR. SCHENK: NO. THANK YOU.
MR. DOWNEY: NO, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. THANK YOU. LET ME ALSO SAY THIS ON BEHALF OF -- AND I HOPE YOU'LL PARDON MY PRESUMPTION -- BUT ON BEHALF OF BOTH COUNSEL, ALL COUNSEL HERE, BOTH TABLES, I DO WANT TO EXTEND THE GRATITUDE THROUGH ME, IF YOU'LL PARDON ME, COUNSEL, BUT I DO WANT TO EXTEND GRATITUDE FROM COUNSEL AS WELL. THEY DON'T OFTEN GET A CHANCE TO SEE AND SPEAK WITH A JUROR, CERTAINLY NOT WHILE YOU'RE IN SESSION, THEY MAY NOT HAVE A CHANCE TO DO THAT, BUT I KNOW THAT THEY DO EXTEND THEIR GRATITUDE, BOTH SIDES, BOTH TEAMS DO TO YOU FOR YOUR SERVICE HERE TODAY. SO ANYTHING FURTHER, COUNSEL? WHAT I'D LIKE TO DO IS TO -- I WILL MEET WITH WHATEVER JURORS WOULD ACCEPT MY INVITATION TO MEET ME FOR JUST A COUPLE OF MINUTES. THAT WILL TAKE A FEW MINUTES. AND THEN I'LL COME BACK, COUNSEL, AND WE CAN DISCUSS ANY FURTHER PROCEEDINGS AS TO THE STATUS OF THE CASE. ANYTHING FURTHER BEFORE I STEP DOWN?
MR. SCHENK: NO, YOUR HONOR.
MR. DOWNEY: NO, YOUR HONOR. THAT'S FINE.
JUDGE DAVILA: ALL RIGHT. THANK YOU. SO, LADIES AND GENTLEMEN, I AM AT THIS TIME GOING TO FORMALLY DISCHARGE YOU FROM YOUR SERVICES AS JURORS IN THIS CASE, AND I'M GOING TO FORMALLY EXTEND AN INVITATION TO YOU TO JUST MEET WITH ME, AS I SAID, JUST FOR A MINUTE IN MY CHAMBERS. IT'S NOT AN ORDER. I CAN'T ORDER YOU TO DO THAT. YOU'VE HEARD ME TALK ABOUT THE MARSHALS DOING ALL OF THESE WONDERFUL THINGS FOR US. I CAN'T ASK THEM TO DRAG YOU INTO MY OFFICE, BUT I HOPE YOU'LL DO THAT ON YOUR OWN VOLITION SO I CAN, AS I SAID, EXTEND MY PERSONAL GRATITUDE TO YOU. SO WE'LL BE IN RECESS. THANK YOU.
COURT CLERK: COURT IS IN RECESS.
(RECESS FROM 4:22 P.M. UNTIL 4:52 P.M.)