Disgraced Theranos CEO Elizabeth Holmes will remain free before surrendering to authorities on May 30 to begin her more than 11-year prison sentence for defrauding investors in a blood-testing scam.
US district judge Edward Davila set Holmes’ revised prison-reporting date after her lawyers proposed it in a Wednesday filing.
It came after a federal appeals court late on Tuesday rejected Holmes’ bid to remain out of prison while she attempts to overturn her January 2022 conviction on four felony counts of fraud and conspiracy.
The punishment also includes a 452 million US dollars (£362 million) restitution bill that Mr Davila ordered Holmes to pay in a separate ruling issued late Tuesday.
Holmes had originally been ordered to begin her prison sentence on April 27, but won a reprieve with a last-minute legal manoeuvre that gave her more time with her children.
Holmes, 39, became pregnant with William shortly before the start of her high-profile trial in September 2021 and became pregnant with Invicta shortly after she was convicted of crimes that could have resulted in a prison sentence of up to 20 years.
The father of both children is William “Billy” Evans, whom she met after breaking up with her former romantic and business partner, Ramesh “Sunny” Balwani, who began serving a nearly 13-year prison sentence last month in southern California.
Balwani, 57, was convicted for 12 felony counts of fraud and conspiracy committed while he was Theranos’ chief operating officer and living with Holmes.
In Wednesday’s filing, Holmes’ lawyers did not disclose the location of the prison that she has been assigned to serve her sentence.
But they noted she has to prepare to travel outside of California, where she has been living in the San Diego area while free on bail. Mr Davila has recommended that Holmes be imprisoned in Bryan, Texas.
When Holmes is finally incarcerated, it will bring down the curtain on a saga that cast a bright light on a dark chapter in Silicon Valley that brought her fame and fortune before her scandalous downfall.