The founder of a Silicon Valley start-up will be sentenced on Sept. 26 according to a court filing.
The maximum sentence for each count of wire fraud is 20 years in prison for Ms. Holmes. The court ordered her to file any post- trial motions by March 4.
Prosecutors will have more time to try the case against Mr. Balwani, if the sentencing period is longer. Mr. Balwani was the chief operating officer of Theranos, the start-up that Ms. Holmes founded in 2003 and that she claimed would change health care with highly advanced blood tests. The blood tests did not work as advertised.
The US government said in a filing on Tuesday that it would dismiss three of its fraud charges against Ms. Holmes after a jury failed to reach a verdict.
Ms.Holmes lied to investors about Theranos's abilities so she could raise money for the company. The jury acquitted her of four fraud charges related to patients who took Theranos's blood tests. They couldn't agree on three more counts related to investments.
Her trial was viewed as a referendum on Silicon Valley's culture of hype and chutzpah.
The judge in the federal case in California's Northern District has significant discretion in sentencing Ms. Her convictions were tied to her investments in Theranos, and the high amount could be a factor in her sentencing.
The trial of Mr. Balwani is being overseen by Judge Davila. The cases of the pair were severed after Ms. Holmes accused Mr. Balwani of abusing her. He has denied the abuse accusations.
The case is being heard in the Bay Area due to the surge of coronaviruses there. The jury selection is scheduled to start on March 9.
Ms.Holmes is free until September on a $500,000 bond. She lived on a 74-acre estate in a wealthy Silicon Valley town with her partner Billy Evans and their baby son.
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