Elizabeth holmes trial

Judge Preliminarily Denies Motion by Elizabeth Holmes' Attorneys to Overturn Conviction

The Theranos founder was convicted in January of four counts of fraud and is scheduled to be sentenced in October

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A federal judge preliminarily denied a motion by Elizabeth Holmes' attorneys to throw out her conviction, adding a final ruling will be made after reviewing arguments and cases brought up during Thursday's hearing held in San Jose.

The Theranos founder was convicted in January of four counts of fraud and is scheduled to be sentenced in October. Holmes was initially set to return to federal court for her sentencing this month, but over the summer it was pushed back to October without any explanation.

Attorneys for Holmes in Thursday's hearing pushed to get the guilty verdict overturned and claimed the government did not prove the allegations of the indictment.

In July, a jury convicted former Theranos executive Ramesh “Sunny” Balwani of collaborating with Holmes in a massive fraud involving the blood-testing company.

Balwani was found guilty on all 12 felony counts of defrauding both Theranos investors and the patients who relied on wildly unreliable blood tests that could have jeopardized their health.

Both Holmes and Balwani face up to 20 years in prison.

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