https://www.siliconvalley.com/2020/09/03/theranos-founder-holmes-claims-judge-erred-as-she-files-barrage-of-attacks-on-her-fraud-charges/

Amid a barrage of new legal motions seeking dismissal of felony fraud charges against her, Theranos founder Elizabeth Holmes is claiming the federal court judge overseeing the case erred in a decision about her obligations to investors in the defunct Palo Alto blood-testing startup.

Holmes claimed in a filing that Judge Edward Davila was mistaken when he agreed with prosecutors that indictments sufficiently alleged that she and co-accused former Theranos president Sunny Balwani had “a duty of trust” to investors. “The Court failed to consider whether Ms. Holmes acted for the benefit of investors,” the motion filed with four others last Friday in U.S. District Court in San Jose claimed.