(Bloomberg) -- Former Theranos Inc. President Ramesh “Sunny” Balwani says there's no good reason for the jury in his criminal fraud trial next year to learn that one of his sports cars was decorated with a “DASKPTL” vanity license plate.
Federal prosecutors have hinted they may introduce the plate as evidence to help make their case that Balwani benefited from conspiring with Elizabeth Holmes, the founder of the blood-testing startup, to defraud investors of hundreds of millions of dollars. Holmes is on trial now and Balwani faces a separate trial. Both have pleaded not guilty.
Read: Elizabeth Holmes Takes Center Stage at Theranos Fraud Trial
Noting that Balwani was independently wealthy before he joined Theranos, his lawyer urged the judge to rule that the “apparent reference” to Karl Marx's opus “Das Kapital” is irrelevant.
“Whether intended as a heartfelt homage, a casual reference, or an ironic joke, Mr. Balwani's license plate does not support any element of the charges that he engaged in a scheme to defraud people of money or other property,” his attorney Jeffrey Coopersmith wrote in a Friday court filing, which didn't make clear whether the “DASKPTL” plate was on Balwani's Porsche or his Lamborghini.
Coopersmith reminded U.S. District Judge Edward Davila of his ruling in Holmes's case that prosecutors are free to put on evidence that she enjoyed the perks and benefits of a chief executive officer, but must avoid making “appeals to class prejudice” by detailing specific purchases, brands of clothing, hotels and other personal items.
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