Scrushy-Report.com

There are 46 counts that can be broken into 11 categories. (These charges, including the information about what needs to be proved in order for the jury to return a jury verdict are taken from the judge's original instructions to the jury, at the onset of the trial.) Mr. Scrushy was originally charged with 85 counts, and the number has been reduced or consolidated a couple of times, to reach the pre-trial number of 46.

1. Illegal conspiracy –
   1. Government must prove that defendant and one other person agreed on an unlawful plan.
   2. That he knew about the plan
   3. That at least one member of the conspiracy did an overt act
   4. An overt act was done to accomplish the plan
2. SEC fraud
   1. Defendant executed or attempted to defraud someone
   2. Defendant used false representation
   3. Defendant knew he was using false representation
   4. That HealthSouth was a public company
3. SEC fraud (2)
   1. The defendant caused HealthSouth to make untrue statements of facts
   2. That he failed to disclose untrue facts
   3. That the defendant knew about it
   4. That the defendant sold stock as a result
   5. That he used Interstate commerce to do this
   6. That he acted to defraud people
4. Wire fraud
   1. That defendant knowingly devised or attempted to use a wire to defraud others
   2. That he used falsehoods related to the transfer
   3. That he did it on purpose
   4. That he did a wire transfer for the purpose of doing fraud
5. Mail fraud
   1. That the defendant knowing participated in a scheme to defraud others
   2. That there were falsehoods related to fact
   3. That he did it on purpose
   4. That he used the US Post
6. False statements
   1. That defendant caused statements to be made
   2. That the statements were false
   3. That he did it on purpose
   4. That statements were used in filing with SEC
7. False Certification (Sarbanes Oxley)
   1. That defendant was CEO
   2. That he was required to file report (10Q)
   3. That form had to comply with SEC regulations.
   4.  That the form fairly represented health of HealthSouth
   5. That defendant willfully certified statement
   6. That defendant caused CFO and COO to also falsely certify
   7. That he knew about it
8. Attempted false certification
   1. That defendant knowingly did it
   2. That he caused the CFO to do this
   3. That defendant engaged in conduct that indicated he did it
9. Perjury
   1. That defendant gave false testimony under oath
   2. That he made statements that he knew were not true
   3. That the statements were meaningful
   4. That he did it on purpose
10. Obstruction of justice
    1. That Bill Owens was a witness in front of the SEC
    2. That the defendant corrupted Owens to lie to SEC
    3. That the defendant did it knowingly and willfully
11. Money Laundering
    1. That the defendant knowing engaged in a monetary transaction
    2. That he knew it was done in connection with a criminal act
    3. That it was a fraud scheme
    4. That it happened in Alabama.