Federal prosecutors handling the criminal fraud case against former executives of the defunct blood-testing company Theranos are defending their decision to file a superseding information to expand charges in the case even though the defendants have not waived their right to be charged by indictment. 

Lawyers with the U.S. attorney’s office for the Northern District of California explained in a filing Tuesday that the move, which allowed them to amend the charges against Theranos founder Elizabeth Holmes and the company’s former COO and president Ramesh Balwani without going before a grand jury, was necessary to allow for further proceedings on the expanded charges and to satisfy the statute of limitations. Grand jury proceedings have been suspended in the Northern District since March 16 due to the COVID-19 pandemic and will remain so until at least June 1.