Ramesh “Sunny” Balwani, as soon as a prime government on the now-defunct well being know-how firm Theranos, managed to stall the beginning of his 13-year jail sentence for bilking buyers out of tens of millions alongside his former boss and ex-lover, Elizabeth Holmes.

Balwani’s authorized crew filed paperwork Thursday notifying U.S. District Choose Edward Davila that the previous Theranos COO wouldn’t be surrendering to authorities simply hours earlier than he’d been ordered to take action. They cited their current efforts to attraction a ruling rejecting Balwani’s request to stay free as he makes an attempt to overturn his conviction. The submitting triggered an computerized keep to his jail reporting date.

Balwani initially was because of flip himself over on Thursday at 2 p.m. native time.

Each Holmes and Balwani have been indicted in June 2018 on costs of wire fraud and conspiracy to commit wire fraud. They have been every accused of defrauding rich buyers, docs and sufferers by claiming Theranos’ know-how, nicknamed “the Edison,” may administer assessments for greater than 200 illnesses and medical circumstances with only a single drop of blood.

The fraud was uncovered in 2015 after Holmes and Balwani had efficiently duped buyers into giving them virtually $1 billion.

Throughout her high-profile trial in San Jose, 38-year-old Holmes, as soon as lauded as a Silicon Valley famous person, unsuccessfully tried to persuade jurors she was manipulated by Balwani and that he was accountable for your entire scheme.

Balwani equally tried to painting himself because the sufferer, with attorneys arguing he believed in Holmes and her well being know-how startup simply as a lot because the buyers they scammed.

It’s unclear how lengthy it would take the appeals court docket to problem a ruling.

With Information Wire Companies