Elizabeth Holmes requested that the courts not include details of her luxe life in case it may sway the jurors, but Judge Edward Davila disagreed. “The Government may introduce evidence that Holmes enjoyed a lifestyle as Theranos CEO that is comparable to those of other tech company CEOs. This includes salary, travel, celebrity, and other perks and benefits commensurate with the position,” he said in a statement (via CNBC).
Davila added that the prosecutors may not disclose anything specific, such as the brands of clothing Holmes wore or which hotels she stayed in during her time as CEO of Theranos. It was known that she flew by private planes and had assistants on hand to purchase many items for her. “Each time Holmes made an extravagant purchase, it is reasonable to infer that she knew her fraudulent activity allowed her to pay for those items. While the benefits of these purchases are not as directly tied to the fraud … it may still be probative of Holmes’ scienter,” Davila added.
Holmes enjoyed her life of luxury right until she had to report to prison. The Daily Mail caught her with Billy Evans and their two young children near their $9 million San Diego home. The family of four enjoyed an hour at the beach before heading back to their house. The following day, Holmes began her 11-year sentence at the prison in Bryan, Texas.