According to NBC News, Davila found Rosendorff’s accusations of misconduct “limited but serious” and scheduled a hearing on Oct. 17 to question Rosendorff.
“The allegation is the possibility that the government may have engaged in misconduct,” Davila said, according to the outlet. “The court takes that seriously.”
Davila did not specify a new date for Holmes’ sentencing but noted it could be as late as January 2023. Holmes is awaiting sentence after being found guilty of one count of conspiracy to commit wire fraud and three counts of wire fraud in January. Each count includes a maximum prison sentence of up to 20 years, though it is possible Holmes could serve the sentences simultaneously.
Holmes, who dropped out of Stanford in 2004 to start Theranos, became a visionary figure in the tech industry because of the start-up, which advertised blood testing through an easy finger prick method. Her high-profile investors—including venture capitalist Tim Draper, Rupert Murdoch and former Secretary of State George Shultz—backed her company. However, following a 2015 Wall Street Journal report that the technology was faulty and couldn’t perform as promised, Theranos was accused of raising nearly $1 billion by deceiving investors.