Elizabeth Holmes Loses Request to Throw Out Criminal Charges

Elizabeth Holmes lost her latest long-shot challenge to U.S. criminal charges that she was engaged in a massive fraud while running Theranos Inc.

The founder of the blood-testing startup sought dismissal of various counts in the U.S. government’s revised indictment, but U.S. District Judge Edward Davila in San Jose, California, sided with prosecutors in an order issued Tuesday.

Davila did, however, reiterate his earlier ruling that physicians aren’t victims of the alleged fraud by Holmes and her ex-boyfriend, Sunny Balwani, who was president of Theranos. The judge said he will hold the government to its promise not to argue at trial that Holmes and Balwani should be convicted of wire fraud based on a scheme to defraud doctors.

Read More: Theranos Ex-CEO’s Defense Signals She’ll Be Cast as Victim

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Peter Blumberg in San Francisco at pblumberg1@bloomberg.net

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David Glovin at dglovin@bloomberg.net

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