WASHINGTON — Federal prosecutors want Elizabeth Holmes to pay $250 per month to victims of her failed blood testing startup after she leaves prison, but her attorneys are pushing back citing “limited financial resources” available to the disgraced founder of Theranos.
The US filed a motion last week asking the court to correct “clerical errors” which included, prosecutors said, the lack of a timeline for restitution from the one-time billionaire once he exits prison. Holmes’ legal team objected to those changes this week.
Holmes, 39, began an 11-year sentence at a minimum-security facility in Bryan, Texas, late last month after she and her former partner, Ramesh “Sunny” Balwani, were convicted of fraud for duping investors out of hundreds of millions of dollars while running Theranos, a Silicon Valley startup that promises to revolutionize health care.
In a May 16 ruling, US District Judge Edward Davila ordered Holmes and Balwani, who is serving a nearly 13-year prison sentence in California, to pay $452 million in restitution to victims.
After paying a total of $25 every three months to victims while incarcerated, federal prosecutors want Holmes to pay at least $250 per month or 10% of her earnings, whichever is greater, in restitution once she is released from prison.
That would be a similar structure to Balwani’s judgment, which requires the former Theranos COO to pay at least $1,000 per month upon supervised release, prosecutors said in last week’s filing.
Holmes’ lawyers argued this week that Holmes’ payment schedule in court documents was not a clerical error.
“Ms. Holmes’ Amended Judgment already includes a restitution schedule that begins while she is incarcerated,” Holmes’ attorneys wrote in a Monday filing. “There is no indication in the record that the absence of a change to the schedule after she was released was a clerical