Re: I know they were a bit fraudulent but.....
I agree with martinusher.
The piling on of charges has nothing to do with whether Theranos was a con (because it clearly was) but is an awful tactic US prosecutors use to intimidate defendants, and should not be allowed.
Should Ms. Holmes and Mr. Balwani go to jail? Yes, I think so, but as the Wikipedia article on Theranos notes:
In July 2011, Holmes was introduced to former U.S. Secretary of State George P. Shultz, who joined the Theranos board of directors that month. Over the next three years, Shultz helped to introduce almost all the outside directors on the "all-star board", which included William Perry (former U.S. Secretary of Defense), Henry Kissinger (former U.S. Secretary of State), Sam Nunn (former U.S. Senator), Bill Frist (former U.S. Senator and heart-transplant surgeon), Gary Roughead (Admiral, USN, retired), James Mattis (General, USMC), Richard Kovacevich (former Wells Fargo Chairman and CEO) and Riley Bechtel (chairman of the board and former CEO at Bechtel Group).
None of whom are in the dock. I wonder why?