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Disgraced Theranos fraudster Elizabeth Holmes just caught a break in court — and prosecutors aren’t happy

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Disgraced Theranos founder Elizabeth Holmes will serve just over 10 years behind bars after a federal judge trimmed her prison sentence by a year — while stressing her massive fraud still warrants serious punishment.

US District Judge Edward Davila on Thursday took 12 months off of her original sentence of 11 years and three months due to changes to federal guidelines for first-time, non-violent offenders.

Earlier this year, Holmes appealed to President Trump for an early release from prison — a full six years before she is eligible for parole.

Elizabeth Holmes is seen exercising at Federal Prison Camp Bryan in Texas. Toby Canham for NY Post

The newly revised term of 123 months places Holmes squarely in the middle of a new sentencing range of 108 to 135 months, under the revised guidelines.

The reduced sentence was first reported by Bloomberg.

“To be clear, this sentence reduction does not diminish the enormity of Holmes’s crimes,” Davila wrote in his ruling, adding that the “significant negative impact her conduct has had on the community” remains unchanged.

The decision hands Holmes a victory — and deals a blow to federal prosecutors who fought to keep her full sentence intact.

She qualified for the reduction under a 2023 amendment to sentencing guidelines that allows certain offenders with no prior criminal history to receive shorter prison terms.

The disgraced Theranos founder goes for an early morning run inside the minimum-security facility. Toby Canham for NY Post

At issue was whether Holmes’ fraud caused “substantial financial hardship” — a key factor that could have disqualified her from a sentence reduction.

Prosecutors said it did, pointing to more than $450 million in losses and restitution owed to victims.

The court rejected that argument.

Davila found no evidence that any individual investor suffered the kind of personal financial devastation required under the guideline, noting that even probation officials couldn’t identify a victim who met that threshold.

A federal judge reduced Holmes’s prison sentence this week. AP

That finding cleared the way for Holmes to receive the sentence reduction — despite the scale of the fraud tied to her failed blood-testing startup, Theranos.

The judge cited Holmes’ clean prison record as a factor that weighed in her favor.

Since beginning her sentence at the women’s minimum-security Federal Prison Camp Bryan in Texas over two years ago, she has not incurred a single disciplinary infraction.

Holmes has also participated in rehab programs while helping fellow inmates, according to court filings.

Prosecutors pushed back on the sentence reduction, arguing Holmes remains a risk to reoffend.

Holmes works out outdoors as she serves her sentence at FPC Bryan. AP

They cited her continued interest in returning to healthcare technology and her involvement advising a startup run by her romantic partner — a venture they said resembled Theranos.

Davila wasn’t convinced. The judge wrote that Holmes’ notoriety and the scrutiny she now faces make it far less likely she could pull off a similar scheme again.

Her refusal to accept responsibility also didn’t move the needle, with the court noting that factor had already been considered at sentencing.

Holmes’ downfall remains one of Silicon Valley’s most infamous scandals.

Once hailed as a visionary, she raised hundreds of millions from high-profile investors by claiming Theranos had developed revolutionary blood-testing technology.

At trial, prosecutors showed she knew the devices didn’t work as promised.

Holmes lifts weights during a workout session at the federal prison camp. Toby Canham for NYPost.com

A jury convicted her in 2022 on four counts of wire fraud and conspiracy following a lengthy trial.

Her appeal was rejected last year, leaving her conviction and sentence intact until this latest reduction.

Davila emphasized that even the reduced sentence reflects the seriousness of her crimes.

“The hundreds of millions of dollars in losses caused by Holmes’s fraud speak for themselves,” he wrote, adding that the damage to Silicon Valley’s reputation “still reverberate[s] to this day.”

Holmes reported to prison in May 2023.

She and former Theranos executive Ramesh “Sunny” Balwani were previously ordered to pay $452 million in restitution to victims.

The Post has sought comment from Holmes’ attorneys and the Justice Department.

[Notigroup Newsroom in collaboration with other media outlets, with information from the following sources]

Tags: Businesselizabeth holmesTechtheranos
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