“Incentive to flee has never been higher”: Prosecutors claim Elizabeth Holmes tried to escape after conviction

In a bid to squash Elizabeth Holmes’ motion for release while she appeals the conviction, prosecutors in a court filing argued that the defendant is a flight risk.

In a recent court filing, prosecutors said that Elizabeth Holmes, founder of the now-defunct blood testing company Theranos, tried to flee the country. This was after she was convicted on January 3, 2022, on four counts of wire fraud for defrauding investors.

Prosecutors said that Holmes booked a one-way ticket to Mexico, scheduled to leave on January 26, 2022, without a return date. The trip was reportedly canceled after the government learned of the unauthorized flight and raised the alarm with authorities.

Prosecutors argued that if Holmes is allowed to remain free while she appeals for her convictions, she will most likely reattempt an escape from the country as “The incentive to flee has never been higher.”

---

Prosecutors argue that Elizabeth Holmes should start serving her sentence immediately

Elizabeth Holmes was sentenced to 11 years in prison in November 2022 for knowingly defrauding investors while making fraudulent claims about blood testing startup Theranos. Holmes was directed to begin serving the sentence in April 2023 after she informed the judge that she was pregnant with her second child.

In a recent court filing, prosecutors said that Holmes should start serving her sentence immediately. They fear that the defendant will act on the aforementioned “incentive” to flee the country as she has exhibited similar impulses in the past.

In a rebuttal to the government's court filing, Holmes' attorney argued that their client booked a one-way Mexico ticket months before the conviction and could not have anticipated a guilty verdict.

In response, prosecutors noted that Holmes did not leave the country as scheduled, adding that the defendant canceled the trip only after the authorities intervened upon learning about the ticket on January 23, 2022. This was nearly three weeks after she was found guilty of the crimes.

"The government anticipates Defendant will note in reply that she did not in fact leave the country as scheduled – but it is difficult to know with certainty what Defendant would have done had the government not intervened."

Meanwhile, the defense attorney's arguments were confirmed by ABC News, which obtained a copy of the email the government had sent to the defendant's lawyers after learning about the unauthorized trip. Holmes’ attorney, in response to the government’s email, said:

"The hope was that the verdict would be different and Ms Holmes would be able to make this trip to attend the wedding of close friends in Mexico. Given the verdict, she does not plan to take the trip — and therefore did not provide notice, seek permission, or request access to her passport (which the government has) for the trip. But she also had not yet canceled the trip, amidst everything that has been going on. We will have her do so promptly and will provide you confirmation."

---

Augmenting their case against the defendant, prosecutors further argued that Elizabeth Holmes, who has been convicted on serious felony charges, should begin her imprisonment as she has been allowed to remain free longer than average criminals imprisoned for lesser crimes.

Prosecutors also noted that Elizabeth Holmes lived on an estate that cost $13,000 in monthly rent, while the defendant filed a motion for release asking the court to delay the reporting date as she appeals her sentence.