• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia
TechElizabeth Holmes

Elizabeth Holmes’s trial is over. Here’s what the future could hold for the founder convicted of fraud.

Nicole Goodkind
By
Nicole Goodkind
Nicole Goodkind
Down Arrow Button Icon
Nicole Goodkind
By
Nicole Goodkind
Nicole Goodkind
Down Arrow Button Icon
January 3, 2022, 12:54 PM ET

Elizabeth Holmes was found guilty of criminal fraud on Monday evening, and unless she wins her case on appeal, she will likely be sentenced to prison time.

The 37-year-old founder of the failed blood testing company, Theranos, faced 11 counts of wire fraud and conspiracy to commit wire fraud for allegedly lying about the effectiveness of her company’s technology to raise money and public interest. She was found guilty on four counts, and faces up to 20 years in prison and a $3 million fine, although it is unlikely she will spend that much time behind bars.

“I suspect she may get five to seven years in prison,” Justin Paperny, founder of federal prison consultancy White Collar Advice, told Fortune.

Holmes’ trial included nearly four months of testimony, 32 witness accounts, and several days of jury deliberation. Even then, the jury did not reach a verdict on three counts, and Holmes was found not guilty of three more charges.

So what will the future look like for Holmes? Paperny, who himself served an 18-month sentence for a single count of conspiracy to commit securities fraud, and who now works with people in similar situations, walked us through the process.

The sentencing 

As a federal prisoner, Holmes would be eligible for a 15% reduction in her sentence for good behavior, but other than that, early release options in the federal system are very limited.

“There is no real mechanism to really aggressively advance your release date in federal prison,” said Paperny.

But that doesn’t mean that Holmes will be going to prison soon, either. She’ll likely appeal to a higher court and could remain free while that appeal is pending. Paperny says that could take as long as 18 months. If that appeal goes south, she’ll be asked to turn herself in. 

The prison 

Holmes will likely be sent to a low-security prison, often referred to as Club Fed, because the crimes for which she was convicted were nonviolent and white collar. Paperny predicted that she could end up in Alderson, West Virginia, where Martha Stewart served her five-month term for lying about a stock sale. That would mean no fences plus a swimming pool, volleyball, softball, tennis, racquetball, and even roller skating. Another option is a prison camp in Dublin, California. The prison, which is in the Bay Area, is where Felicity Huffman spent time for her role in the college admissions scandal. Amenities include a sundeck and tennis courts. They also have craft activities like crochet, watercolor painting, and origami.

But while activities and amenities abound, there’s no denying the fact that Holmes will still be imprisoned. She will remain confined in her cell during evening hours, will have set visiting hours, and her meals will be predetermined, as will her prison job. If she takes a fork or even an apple from the dining hall she could end up in solitary confinement. 

“It’s going to be difficult; it’s going to be hard. She’s going to be around people who have been in prison for 20 years, and especially during COVID she could go months without visiting her family,” said Paperny. 

Holmes’s celebrity status will also change the nature of her potential prison stay, as other prisoners will likely know who she is. Some of those prisoners will seek to lionize her while others will attempt to exploit her, said Paperny. He says he tells his celebrity clients that they’re stepping into an environment that people have lived in for years and that it would be wise to understand the environment before attempting to manipulate it and to recognize that they will struggle. 

New chapters 

Imprisoned people at low-security facilities have plenty of time to exercise, read, and write. Some people write full books while they’re behind bars. Paperny says a number of his clients maintain websites with blogs while they’re imprisoned—some even continue to run small businesses. 

“She can write her memoir, she can teach, she can read, and she can educate herself,” said Paperny. “Or she can sit in the TV room all day and complain, the choice is hers.” 

If she does go to prison, Holmes needs to do everything she can to prepare herself for life afterward, said Paperny. Once freed, she won’t be able to as easily rely on the skills and connections that led her to prison in the first place. She’ll need to start anew. “The point is if you want it, and you’re willing to create a new record, the sky’s the limit. It’s a chance to recalibrate and refocus to prepare for the next phase,” he said.

If she doesn’t recalibrate, Holmes risks letting her prison term become a life sentence of arrested development. She’ll need to be able to overcome the stigma and be willing to accept that her old life is over. It takes courage and humility to accept a job after serving a prison sentence that looks a lot different from your previous one, according to Paperny, who went from being a stockbroker to answering phones at a call center. 

“The key is not letting your sentence be one minute longer than the government gives you,” he said. “Too many people don’t prepare. They don’t reflect or introspect or work to grow a new network or develop new skills. The consequences of a felony conviction are devastating. We talk about second chances in this country, but employment- and reputation-wise, they’re very difficult to overcome. If someone doesn’t have a very concrete clear plan, it’s impossible.”

Never miss a story: Follow your favorite topics and authors to get a personalized email with the journalism that matters most to you.

About the Author
Nicole Goodkind
By Nicole Goodkind
LinkedIn iconTwitter icon
See full bioRight Arrow Button Icon

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • Future 50
  • World’s Most Admired Companies
  • See All Rankings
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

The Navy confirmed an ‘abundant amount’ of Uncrustables when the Artemis II crew lands. Smucker’s just offered them a lifetime supply
PoliticsFood and drink
The Navy confirmed an ‘abundant amount’ of Uncrustables when the Artemis II crew lands. Smucker’s just offered them a lifetime supply
By Catherina GioinoApril 10, 2026
2 hours ago
Three people sit behind a desk and look at the phone screen of the person in the middle.
Future of WorkConsulting
Meet ‘trendslop,’ the new, AI-fueled scourge of workplace consultants everywhere
By Sasha RogelbergApril 10, 2026
2 hours ago
Amazon is still paying Jeff Bezos an $80,000 yearly salary—but $1.6 million for travel and security
Big TechCEO salaries and executive compensation
Amazon is still paying Jeff Bezos an $80,000 yearly salary—but $1.6 million for travel and security
By Marco Quiroz-GutierrezApril 10, 2026
3 hours ago
Kash Patel sits with his two fingers on lips
CybersecurityIran
First they went after medtech, then Kash Patel. Iranian hackers’ next target is likely ‘low-hanging fruit’ in water, energy, and tourism, experts say
By Jacqueline MunisApril 10, 2026
4 hours ago
scott bessent
CybersecurityFederal Reserve
The AI that found 27-year-old vulnerabilities no human ever caught before just forced an emergency meeting with every major Wall Street CEO
By Jake AngeloApril 10, 2026
6 hours ago
Ukraine will have the most important defense industrial base in the free world, former CIA chief predicts
InnovationDefense
Ukraine will have the most important defense industrial base in the free world, former CIA chief predicts
By Jason MaApril 10, 2026
8 hours ago

Most Popular

The U.S. government is spending $88 billion a month in interest on national debt—equal to spending on defense and education combined
Economy
The U.S. government is spending $88 billion a month in interest on national debt—equal to spending on defense and education combined
By Fortune EditorsApril 9, 2026
2 days ago
A Meta employee created a dashboard so coworkers can compete to be the company's No. 1 AI token user—and Zuckerberg doesn't even rank in the top 250
AI
A Meta employee created a dashboard so coworkers can compete to be the company's No. 1 AI token user—and Zuckerberg doesn't even rank in the top 250
By Fortune EditorsApril 9, 2026
2 days ago
Mark Cuban admits he made a mistake letting go of the Mavericks: 'I don't regret selling. I regret who I sold to'
Investing
Mark Cuban admits he made a mistake letting go of the Mavericks: 'I don't regret selling. I regret who I sold to'
By Fortune EditorsApril 9, 2026
1 day ago
Schools across America are quietly admitting that screens in classrooms made students worse off and are reversing years of tech-first policies
Innovation
Schools across America are quietly admitting that screens in classrooms made students worse off and are reversing years of tech-first policies
By Fortune EditorsApril 10, 2026
15 hours ago
'I hate working 5 days': Zoom CEO says traditional work schedules are becoming obsolete—and predicts a 3-day workweek by 2031
Success
'I hate working 5 days': Zoom CEO says traditional work schedules are becoming obsolete—and predicts a 3-day workweek by 2031
By Fortune EditorsApril 9, 2026
1 day ago
 The world's 500 richest people made more than a quarter trillion yesterday as volatile markets react to fragile Iran war ceasefire
Economy
 The world's 500 richest people made more than a quarter trillion yesterday as volatile markets react to fragile Iran war ceasefire
By Fortune EditorsApril 9, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.