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Elizabeth Holmes jury fails to reach verdict, set to reconvene Wednesday

After five full days of deliberations in the fraud case against Elizabeth Holmes, no verdict was reached by the time jurors were excused on Tuesday afternoon.

Deliberations in the case, which includes more than 900 exhibits and testimony from 32 witnesses, including Holmes herself, resumed Tuesday following deliberations all day Monday, and a three-day weekend off due to a court holiday Friday.

Deliberations are scheduled to resume at the federal courthouse in San Jose on Wednesday, starting at 8:30 a.m. Pacific Time.

Holmes, 37, awaits her fate on 11 counts of criminal fraud and conspiracy first claimed in a superseding indictment, claiming she used her now defunct blood-testing company, Theranos, to defraud investors and customers. The biotech founder, first indicted in 2018, led the startup for approximately 15 years before it collapsed after a Wall Street Journal investigation exposed that Theranos could not conduct an array of blood tests from a finger prick of blood as Holmes had suggested.

Each charge carries a maximum penalty of 20 years in federal prison, $250,000 in fines, and restitution. Following the government's superseding indictment on 12 charges, one charge, count 9, was dropped. Here’s a look at the specific counts that the jury is considering, each count's corresponding dollar amount, and maximum penalties.

Elizabeth Holmes Case: Charges & Maximum Penalties
Elizabeth Holmes Case: Charges & Maximum Penalties
Elizabeth Holmes Case: Charges & Maximum Penalties
Elizabeth Holmes Case: Charges & Maximum Penalties

Holmes stood trial for nearly four months. Ramesh “Sunny” Balwani, Holmes’ co-defendant, who was her longtime boyfriend and former president and COO of Theranos, is facing a separate trial, set to begin in February. Balwani is also charged with federal wire fraud and federal conspiracy to commit wire fraud.

This story was updated from previous version published at the end of deliberations on Monday, to reflect that the jury concluded deliberations again on Tuesday without announcing a verdict.

Alexis Keenan is a legal reporter for Yahoo Finance. Follow Alexis on Twitter @alexiskweed.

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