How Can ELIZABETH HOLMES Get a Shorter FEDERAL PRISON Term?
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- เผยแพร่เมื่อ 8 พ.ย. 2021
- As we know, many investors lost hundreds of millions of dollars investing in Theranos, and the jury is hearing from some of them directly at Elizabeth Holmes’ criminal fraud trial in California.
Currently the the defense wants to highlight the investors’ lack of due diligence. In other words, the defense is "victim shaming" people who believed in Theranos and the vision sold by Elizabeth Holmes.
Since I am not psychic I have no idea if Ms. Holmes will prevail. What I do know is the majority of people who go to trial get convicted.
If Elizabeth Holmes is convicted the next logical step is preparing for the federal sentencing hearing.
What can Elizabeth Holmes do to get the shortest sentence possible?
Well, what she should not do is continue to blame Sunny Balwani and all of her subordinates from Theranos. That message is not inspiring nor will influence Judge Edward Davila.
Too many defendants who plead guilty or who are convicted at trial outsource all of the work to their criminal defense attorney. Outsourcing work to others is not effective sentencing mitigation nor does it lead to shorter prison terms. Frankly, it is lazy.
In our experience, Judges want to hear directly from the defendant. If Elizabeth Holmes is getting good advice she should invest the time NOW to understand how she can influence the process in a positive way.
To that end, Elizabeth Holmes should ask and answer the following questions:
1: "How can I persuade Judge Davilla to show leniency?"
2: "How can I work to make amends to the victims created from my time leading Theranos?"
3: "How can I contribute to my community in specific and measurable ways?"
4: "What can I do (not my high priced lawyers) to show what I have learned from my experience at Theranos?
5: "What can I do to influence the inevitable pre sentence report (PSR)?
6: "Will making a restitution payment help me get a shorter federal prison term?"
7: "How can I prove I will never return to another courtroom as a federal defendant?"
8: and more, so many more.
To succeed, she will have to show levels of humility, honesty and transparency that have been foreign to her character.
For example, during an appearance on CNBC’s "Mad Money," Holmes famously said:
“This is what happens when you work to change things. First, they think you’re crazy, then they fight you, and then all of a sudden you change the world.”
She will have to somehow that if even if she did not have bad intent, people were hurt through own actions.
To close, overcoming a white collar crime conviction (and getting a shorter prison term) starts with understanding and prioritizing the victims.
Without a plan to make the victims whole, not only will she get an upward departure (the sentencing guidelines in this case will be through the roof), she will continue to make matters worse on those that choose to stand by her.
Thank you,
Justin Paperny
jp@whitecollaradvice.com - 818-424-2220
Visit www.whitecollaradvice.com to access our federal prison blogs
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Phone : - +1 818-424-2220
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Elizabeth’s lawyers be like:
WRITE THAT DOWN
You got it!!
I did some time in an Australian prison for drug charges and new prisoners would be told by other prisoners that they could request to sign the "Sorry Book" and they would be considered for immediate release.
The screws were in on the joke and would dutifully take their request forms and then bin them. The prisoner would be waiting all day to get called up to the Prison Governor's office to receive the good news.
Funny and tragic.
In comparison to most other prisoners I was very educated (university degree) and used my literacy to help some prisoners that struggled with writing and reading letters. It made my time a much better experience than it would otherwise have been.
Just found your channel today. Love it!
So happy to have you as a part of our community. Thank you!!
You're an amazing person Justin. Thank you for showing all of us there's another way out of our dilemmas, even if that's not something as big as prison. Ever heard of taking the high road? Well that's not the same high road as our egos would have us believe, is it? It is the road that can be found when we humble ourselves, we admit our mistakes, and look to move forward and right our wrongs. Plant your oak tree today!
Thank you for your compliments and for sharing your insights. I absolutely agree with you-start today!!
Well said, Lori. I think it took a lot of class for WCA to come clean about his past. Anyone can fu*k up, but it takes integrity to own up to it. Kudos.
@@tiffsaver thank you.
@@WhiteCollarAdviceOfficial
I have few real "heroes" on YT. You just became one. God bless.
@@tiffsaver You’re kind. Thank you so much!
Justin 😉👍. It's US who Appreciate YOU my friend 😁.. Your insight and knowledge are invaluable. As always, fantastic content 👊. Till next time.. Old G 😃
I appreciate your compliments very much. Back soon with more! Thanks again for watching!!
I'm just not convinced that Ramesh "Sunny" Balwani was abusing EH. Her texts surely don't support that. As far as her baby is concerned? The sad reality is that our jails and prisons are filled with parents. She conceived the baby KNOWING that she was facing serious legal troubles. That points to her manipulativeness. Nothing points to EH being a changed person.
Justin, I think word of your work has certainly gotten out because it seems that more defendants (notably Covid Karens who crossed the lines of the law, and Jan. 6th insurrectionists have tried to argue that they were behaving out of character and that the person seen in the video evidences isn't the person the person the prosecution depicts them as being. Problem is, they can't keep it real because their conduct and their track records belie their claims.
I should think that any good judge would carefully consider mitigating factors, but were I a judge, I'd take serious umbrage to a defendant attempting to sell me a line of bull.
I don’t believe her at all that she has been ‘abused’, and I hope Bulwani opens the taps at her when he has his chance. (As far as I understand, EH may have to take the stand in this regard as there is literally no other evidence of her claimed abuse - no texts, no emails, no witnesses, nothing. It’s almost like she made it all up.
Some folks need to be separated from civil society for an extended period. And thank you for the quality videos Justin. Have learned a lot.
You are welcome. Thank you for contributing to our community!
Love your content
Thank you so much!!
Thanks for the best insight
My pleasure! Thanks for watching.
I can understand you're trying so hard to give this woman some sort of advice that'll help her but she's NOTHING like you, sir. First, look up WHO her dad is. You should also take the time to look at what her dad did a few days ago. Yeah.
She was raised on fraud money, very obsessive, refuses to be her real self, unable to admit fault of any kind because of what she is. Please note, a narcissist can never ever admit fault. It goes against their nature. As for showing empathy for anyone, you'd better think again.
Look up Enron and the exec who got 24 years. He's out and look at what he is doing. He still has 30plus million of the funds they defrauded people out of. She has all defrauded funds in hidden bank accounts just waiting for her few months of jail time. Not everyone can change as you did. Don't be fooled.
I love your advice and humility
great talk.
Thank you.
A question about the judge. Is he known to be tough or soft at sentencing? Anybody know?
I do know. Our team has had clients go in front of Judge Davila. He leans more liberal, in my view. In other words, the sentences he metes out are not nearly as long as some older, more conservative Judges. I do not believe his mind is made up when he sits down the day of sentencing--that is a good thing. To my Judges, in my opinion, simply rubber stamp the recommendation from the Government. Judges that simply rubber stamp the government's request significantly impact the defendant's ability to mitigate. If she is convicted, she will get a shorter prison term than the government wants.
You are outstanding, on so many levels...where to begin? Your time in prison hits home with me who spent sometime in “the abyss” and that experience has completely changed my view of society and what can happen quite suddenly, So I always look to your video about the complete sadness of The Holmes Trial, as it lays bare how highly functional, wealthy people can do so much destruction. College dropout from an extremely wealthy family, why does the news not mention that? And her walking into court holding her mother’s hand......please, would a man do that? So much mental pathology, which is very sad, really.
Ing
I wrote a response days ago, but didn’t hit enter! Thank you for the nice words. In prison, I realized I had no where to go but up. I simply needed to look within and accept that my actions hurt people. Then I put a plan in place and held myself accountable. I also encouraged those who stood by me to hold me accountable. I’m thirteen years into the process and have no plans to quit!
I like this vid... Good insight.
Humility, deference, and introspection, you say?!
You heard me!!
I'm sure some organization is not going to want her working on the business plan...
You may be right. But she must try to do better, somehow.
One thing you didn't mention is her chances of just getting probation. If she did everything you recommend and by chance she got a very compassionate judge, can she avoid going to prison?
It seems precarious to me by the defense to blame anyone else for fraudulent behavior because validates or acknowledges that you believe there was fraudulent behavior. It leaves the jury only the decision to decide was it someone else’s doings or was it your clients.
narcissists and sociopaths usually do not take plea agreements…typically they are convinced that whatever they did is no big deal and everyone is overreacting.
I loathe the plea bargaining system the way it’s usually implemented these days. It could be marginally acceptable with drastic changes (though I doubt it) but in the least bad case, you’re being offered a shorter sentence for not taking up the time of the prosecutors and the courts (and adding to the DA’s win rate). But someone else who was convicted of doing the same thing and exercised their right to a jury trial is punished with a longer sentence for doing so. But it’s often much worse. The prosecution will throw multiple charges at you that are basically for the same thing and say “If you’re convicted on all of these, you’ll do 35 years but if you will plead to this one charge, we’ll recommend five years.” Even if you are strictly innocent, you evaluate what evidence they have and that a jury could believe it, and succumb to the plea. Now you do five years (or maybe you get early release but you’ve still lost years) and get out as a convicted felon. And it’s obvious that, if you’re poor or a person of color, you’re more likely to be left with no choice. This system is completely corrupt and utterly despicable. There’s no excuse for it. And, in case anyone thinks this opinion is self-serving, I’m a 67 year old caucasian who’s never been charged, has no record, and makes an excellent income. And I’m no liberal, I’m an old style conservative and a law and order believer.
P.S. I sincerely doubt that the people Holmes' stole BILLIONS from would really be interested in her "rehabilitation," or if she should miraculously "find Jesus" behind prison walls. This doesn't include the huge threat she posed to both their companies and reputations, let alone the actual health concerns of the victims she abused with her continual lies. In my opinion, the absolute BEST service she can provide for the community (especially Silicon Valley), is to remain in federal prison for her entire term, that is if federal prison is big enough to house her monumental EGO. Only through her example of "the worst that can happen" will her debt to society be truly paid.
She’s married into multi million dollars I’m sure they’re going to work up some kind of deal 🙄
Too late for a deal.
Missdior776 - I agree with Justin... too late for a deal. It's the top of the 8th, and the government is ahead 11-0.
Why are you focusing on her getting a much shorter sentence? What about justice?
I’ve a quick question(s) for you that might seem completely off the wall but, is there any chance she will actually be found not guilty? What would have to happen?
Certainly, there’s a chance. The jury would simply have to find her not guilty. And if she is found not guilty, she is free to move on with her life. It would take a great deal of time to rebuild and repair a lot of the damage, but at least she would be free.
I think with the amount of money in fraud, there will be little downward in sentencing. 15-20 years.
The guidelines would call for at least that, yes.
She lied for so long. She should get the maximum.
20 yrs. for Sociopath, you pissed off the billionaires.
Some people think she got pregnant to delay the trial. But I think she realized she was very possibly screwed, and had the baby to lock in this rich young husband of hers. For money of course and for him to hopefully not leave when she’s locked up
We may never know her motives.
I am not a lawyer. What comes to mind is that o j Simpson went to trial and he was acquired. I just get the feeling that holmes will beat the odds. And she ll go home entitled, privileged, arrogant as before. And she ll say to herself and the world, see how much smarter I am than everyone else.
I think Elizabeth Holmes could not only mitigate her sentence, but truly redeem herself by developing the Edison Machine That Goes "BING!!"
th-cam.com/video/wshyX6Hw52I/w-d-xo.html
Be white oh already done.