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Jury Acquits Health South's Richard Scrushy

After 20 days of deliberation, the jury has found Richard Scrushy not guilty of all 36 fraud counts against him.

Richard Scrushy, the former chief executive of HealthSouth Corp., was acquitted of directing a $2.7 billion accounting fraud that nearly bankrupted the company he built into the largest U.S. operator of rehabilitation hospitals.

....The verdict was a resounding defeat for federal prosecutors in Birmingham, Alabama, who had the cooperation of 15 HealthSouth executives who pleaded guilty to participating in the fraud. Five former finance chiefs testified against Scrushy, who was accused of inflating profit from 1996 to 2002 and propping up HealthSouth shares to enrich himself.

Looking at the case from Scrushy's point of view:

Scrushy was described during the trial as a charismatic salesman and financial genius. He claimed the finance chiefs hid the fraud from him. Lawyers for Scrushy, the first CEO accused of violating the Sarbanes-Oxley corporate governance law, said prosecutors botched the case and relied on the testimony of liars and thieves.

``This is a Wisconsin prosecution,'' defense attorney Jim Parkman told jurors in closing arguments at the end of the four- month trial. ``It's one that's got more holes in it than Swiss cheese.''

.... Defense attorneys derided prosecutors for producing no documents during the trial that tied Scrushy directly to the fraud. They debunked several hours of secret tape recordings that former finance chief William Owens made for the Federal Bureau of Investigation on March 17 and 18, 2003.

Parkman attacked Owens as a ``rat'' who failed to file tax returns for nine years. He assailed another finance chief as a drunk and a philanderer and another as an extortionist. Another defense attorney, Arthur Leach, said the government's theory was ``insane,'' questioning why Scrushy would fire or demote co-conspirators who might betray him later.

Who is Scrushy?

Scrushy, a former respiratory therapist who co-founded HealthSouth in 1984, was described by witnesses as a visionary who built a chain of rehabilitation hospitals and outpatient surgery centers in all 50 U.S. states.

Update: The Washington Post has this analysis of the verdict.

The verdict also means federal prosecutors will probably think twice before bringing cases in a popular executive's home town, the experts said.

Great. Just what we need. More forum shopping.

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    Re: Jury Acquits Health South's Richard Scrushy (none / 0) (#1)
    by Dadler on Sat Dec 17, 2005 at 01:00:38 PM EST
    What do CEO's do again?

    Re: Jury Acquits Health South's Richard Scrushy (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:00:38 PM EST
    if they did something wrong and enough proof exists, they get convicted as recent cases show. If not, they walk just like OJ or MJ. maybe we should evolve the Constitution to hold a lower standard of proof for white collar cases.