Theranos Founder Elizabeth Holmes Appealing Her Fraud Conviction in Federal Court Bid For New Trial

Elizabeth Holmes is currently serving an 11-year sentence

<p>Justin Sullivan/Getty</p> Elizabeth Holmes

Justin Sullivan/Getty

Elizabeth Holmes

Convicted fraudster Elizabeth Holmes is appealing her conviction in federal court, hoping to win a new trial.

Holmes, who is currently serving a prison sentence in Texas, was convicted in 2022 of defrauding investors in Theranos, a blood-testing company she founded in 2003.

Attorneys for Holmes were expected to appear in court in San Francisco on Tuesday, June 11, according to reports from CNN, ABC News and NBC Bay Area.

Her lawyers previously suggested that prosecutors did not prove that Holmes had misled investors.

“Substantial evidence showed that Holmes and Theranos’ scientists believed in good faith that Theranos had developed technology that could accurately run virtually any blood test,” attorneys for Holmes said in a November filing reviewed by PEOPLE. “And this is what Holmes told investors.”

Related: Elizabeth Holmes Is Seen for the First Time Since Beginning Her 11 Year Prison Sentence

The filing claimed there were several potential issues with the trial, including a judge’s ruling that Holmes could not use the testimony of Sunny Balwani, her former boyfriend and business partner who was also convicted of fraud, in her own defense.

Following her 2022 conviction, Holmes was sentenced to over 11 years in prison, and began serving her time last year. She was convicted of three counts of wire fraud and one count of conspiracy to commit wire fraud.

<p>David Paul Morris/Bloomberg via Getty</p> Elizabeth Holmes

David Paul Morris/Bloomberg via Getty

Elizabeth Holmes

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She is serving her sentence at Federal Prison Camp Bryan, a minimum-security facility in Bryan, Texas.

Holmes’ appeal is being heard by the U.S. Court of Appeals for the Ninth Circuit. Balwani, who was convicted on 12 total counts is also appealing, NBC reported.

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