A federal court filing on Tuesday said that a mistrial was declared for three counts of wire fraud against ElizabethHolmes, the founder of the failed blood-testing start-up Theranos.
A jury found Ms. Holmes guilty of three counts of wire fraud and one count of conspiracy to commit wire fraud for lying to investors to raise money for her company. She was found not guilty on four counts.
The three hung counts were related to investments made by three Theranos investors. On Monday, jurors said they couldn't agree on verdicts. A hearing will be held next week to discuss the charges.
The sentencing date for Ms. Holmes is expected to be next week, and she is expected to be found guilty on some counts. The maximum sentence for each wire fraud count is 20 years in prison. Ms.Holmes can appeal her conviction or the sentence.
A jury of eight men and four women deliberated for 50 hours over seven days before reaching a verdict. They told the judge that they were unable to agree on the three counts against Ms.Holmes. The verdicts were delivered on the other eight counts.
Three hung counts were related to the investors Alan Eisenman, Chris Lucas and Bryan Tolbert. The basis of three counts of wire fraud were the transactions they had made with Theranos.
Mr. Eisenman said he believed Ms. Holmes was hiding something. Mr. Lucas said that Ms.Holmes was his main source of information. Mr. Tolbert said in court that he supported Theranos because it was ready to be deployed.
The case was viewed as a verdict on Silicon Valley's culture of hype and hustle, as investors' due diligence was a major theme.
Over its lifetime, Theranos raised $945 million from investors. The company's blood tests were shown not to work and those investments were wiped out.
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The founder of the failed blood testing start-up Theranos is facing sentencing after being found guilty of four of 11 charges of fraud on Monday.
After the verdict was read in the case, Ms. Holmes left the courtroom through a side door, which was closely scrutinized as a commentary on Silicon Valley. She was found guilty of three counts of wire fraud and one count of conspiracy to commit wire fraud. She was found not guilty on four other counts. The jury could not reach a verdict on three counts.
After the verdict was read, defense and prosecution lawyers talked about the future of Ms. Holmes, the fate of the three hung charges, and other issues. The judge in the case said he would declare a mistrial on those charges if the government chose to try them again. The parties agreed that she wouldn't be taken into custody on Monday.
A sentencing date is expected to be set next week.
Ms.Holmes can appeal her conviction or sentence. She will be interviewed by the U.S. Probation Office as it prepares a pre-sentence report. The jury could not reach a verdict on three counts.
Neama Rahmani, the president of the West Coast Trial Lawyers, said that Ms. Holmes is unlikely to receive the maximum sentence because she has no prior convictions.
He said her sentence was likely to be higher because of the amount of money involved. The investments Ms.Holmes made for Theranos were wiped out.
