The Commission's complaint in this action charges Scrushy with directing a $2.6 billion financial fraud at the HealthSouth Corporation during the years 1996 through 2002....
The Complaint alleges that, at Scrushy's direction, HealthSouth's overstated its revenue by more than $2.6 billion from the second quarter of 1996 through the third quarter of 2002. This overstatement led directly to quarterly and annual overstatements of net income and retained earnings. The Commission's complaint charges that, by the end of 2002, HealthSouth was claiming to have over $1.5 billion in accumulated retained earnings, when in fact the Company had operated at a significant loss over its entire corporate history. The HealthSouth fraud resulted in one of the largest accounting restatements in American corporate history.
Scrushy was acquitted in 2005 on criminal charges of wire and mail fraud, money laundering, conspiracy, and violations of the Sarbanes-Oxley Act for his role in overstating HealthSouth's earnings.
He was, however, convicted last year on federal bribery and fraud charges for paying campaign debts of former Alabama Governor Don Siegelman in exchange for a seat on a state-operated review board that regulates Alabama hospitals. Siegelman was also convicted in that case and both could face up to 30 years in prison.
