---
title: "Elizabeth Holmes loses final bid to stay out of prison"
description: "Elizabeth Holmes lost her final request to remain free on bail while she appeals her fraud conviction."
type: "NewsArticle"
publisher: "Daily Maverick"
site: "https://www.dailymaverick.co.za"
section: "Business Maverick"
author: "Bloomberg"
author_url: "https://www.dailymaverick.co.za/author/bloomberg/"
canonical_url: "https://www.dailymaverick.co.za/article/2023-05-17-elizabeth-holmes-loses-final-bid-to-stay-out-of-prison/"
published: "2023-05-17T06:03:00"
lang: "en-ZA"
word_count: 191
---

# Elizabeth Holmes loses final bid to stay out of prison

> Elizabeth Holmes lost her final request to remain free on bail while she appeals her fraud conviction.

By Bloomberg · Published 17 May 2023, 08:03 SAST

## Key points
- After an appeals court denied her request to delay the start of her prison term, Elizabeth Holmes will soon have to report to begin her 11-year sentence for defrauding investors in the once-lauded blood-testing startup Theranos.
- US Court of Appeals denies Elizabeth Holmes' request to delay prison sentence
- Holmes must now report to prison to begin her 11-year sentence
- Former Theranos president Ramesh “Sunny” Balwani's similar request also denied
- Holmes and Balwani ordered to pay $452,047,268 in victim restitution

## Content

The ruling on Tuesday by the US Court of Appeals in San Francisco means the Theranos founder will soon have to report to prison to begin her 11-year sentence after she was convicted by a jury last year of defrauding investors in the blood-testing startup.

Read More: [Elizabeth Holmes judge proposes Texas prison, family visits](https://www.bloomberg.com/news/articles/2022-11-23/elizabeth-holmes-judge-proposes-texas-prison-camp-family-visits)

Holmes had won a brief pause delaying the start of her prison term while the appeals court considered her request. She can still pursue her appeal of her conviction, but must do so from prison.

Former Theranos president Ramesh “Sunny” Balwani’s similar request was also denied. He reported to prison last month to begin his 13-year sentence.

In a separate order, US District Judge Edward Davila, who presided over the trials of both Holmes and Balwani, ordered them to pay $452,047,268 in victim restitution, saying they are jointly liable for the amount. Davila determined that $125-million is owed to Theranos investor Rupert Murdoch and the judge designated lesser amounts for 13 other victims. Both Holmes and Balwani have said in court filings they can’t afford to pay the nine-figure sums the government demanded from them. **BM/DM**