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Two former executives were portrayed by Richrd Scrushy's lawyer as only acting to save their own skin. They knew that within days the FBI was going to expose the massive fraud at HealthSouth.
Weston Smith a former financial chief at the medical services company admitted under cross-examination that he had been tipped off by Bill Owens, a CFO. Owens had "pointed to himself and mouthed '"I'm wired'".
Scrushy's lawyere Jim Parkman jumped on the fact that Owen's taped recordings did not include any conversations with Smith. He used this to pick holes in the validity of the recordings as evidence.
"What were you hiding, that you could'nt say then, that you can't say now?" Parkman asked.
Smith denied hiding anything.
Instead he claimed to have been the first executive to report the fraud to the authorities in March 2003.
Again Parkman tried to pick holes in the government case. In particular why Smith had maintained contact with Scrushy, after saying that he wanted nothing to do with him.
Scrushy faces a fine of up to $278m and a life sentence. Charges are for conspiracy, fraud, money laundering, obstruction of justice and perjury.
His case is the first involving transgressions of the Sarbanes-Oxley Act 2002.
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