SAN FRANCISCO (KCBS RADIO) – Theranos founder Elizabeth Holmes is set to go to prison in two weeks after she lost her bid to remain free on bail.
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In a ruling issued Monday, U.S. District Judge Edward Davila ordered Holmes to surrender on April 27.
"She can try to go to the Ninth Circuit Court of Appeals and get a stay from them to be out pending appeal, but she really has an uphill battle," said Lori Levinson, former Federal Prosecutor and Professor of Criminal Law at Loyola Law School.
Judge Davila has recommended that Holmes serve her time at a minimum security facility in Texas.
"Although he said she's not a danger to the community and she's not likely to flee, her appeal doesn't have any issues that raise substantial questions of law or fact," Legal Analyst Paula Canny told KCBS Radio.
Holmes has repeatedly stressed to the court that she's a mother to two children. "Her talking about having two young children actually isn't relevant to the judge's consideration," Canny said.
Holmes has been free on bail since she was first charged with fraud in 2018.
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