Elizabeth Holmes has failed to repay more than $25million to creditors of her former company Theranos as she tries to delay his sentence of 11 years in prisonaccording to a trial.
Theranos ABC, a company formed on behalf of its creditors, alleges in a lawsuit filed in California Superior Court in Santa Clara County that “Holmes made no payment under any of the promissory notes “.
The lawsuit was filed in December 2022, but was not revealed until Friday, when Holmes appeared in court.
According to the breach of contract lawsuit, Holmes executed three promissory notes while she was CEO of the bankrupt blood testing company. The promissory notes were as follows, according to the lawsuit:
- August 2011 in the amount of $9,159,333.65.
- December 2011 in the amount of $7,578,575.52.
- December 2013 in the amount of $9,129,991.10.
“Theranos ABC demanded payment for Promissory Note No. 1 and Promissory Note No. 2 from Holmes, but Holmes did not pay any amount under the promissory note,” the complaint states.
Attorneys for Theranos ABC did not immediately respond to a request for comment.
Two of the promissory note payments were first due in 2016 and the third in 2018. attorney David Boies, former Bechtel Group CEO Riley Bechtel and former Wells Fargo CEO Richard Kovacevich amended terms to extend the ratings for five years. The first two notes are overdue and the third is due in December, the lawsuit said.
Holmes returned to federal court in San Jose, Calif., on Friday, asking to delay her report to jail until next month while she appeals her conviction. A man holding the case approached Holmes at his lawyers’ table inside the courtroom. The man, more and more agitated, is kidnapped by marshals. It could not be immediately confirmed whether it was a bailiff trying to serve the lawsuit on Holmes.
In January 2022, a jury found Holmes guilty of four counts of wire fraud and conspiracy. Holmes was ordered to surrender to begin his prison sentence on April 27, 2023. His attorneys have reported that they intend to appeal Holmes’ case to the Ninth Circuit Court of Appeals.
Following her guilty verdict last year, Holmes became pregnant and gave birth to a second child.
A lawyer for Holmes cited several reasons for why she’s not a leak risk including her young children and that she was released on bail for over a year without running away.
However, the government reported a one-way trip that Holmes and his partner, Billy Evans, had booked to Puerto Vallarta, Mexico, days after his sentencing.
Holmes is also battling with prosecutors over how much restitution she should pay. Prosecutors want her to pay nearly $900 million while Holmes argues the government has failed to prove investors relied on her representations.
U.S. District Court Judge Edward Davila expects to rule on both motions in early April.
Holmes founded Theranos in 2003 after leaving Stanford, with the promise of revolutionizing the healthcare industry. The company closed in 2016 following a series of failed regulatory inspections and reporting by then-Wall Street Journal reporter John Carreyrou.