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Ex-HealthSouth Executive Livesay Must Go to Prison
By bloomberg.com
Published: 11/17/2009

Nov. 17 (Bloomberg) -- Former HealthSouth Corp. executive Kenneth Livesay must go to prison for his role in a $2.7 billion accounting fraud after an appeals court ruled his previous sentence of house arrest and probation wasn’t harsh enough.

The U.S. Circuit Court of Appeals in Atlanta yesterday vacated Livesay’s sentencing in 2004 to six months’ house arrest, five years’ probation plus a $10,000 fine and $750,000 restitution, and ruled that a prison sentence must be imposed.

“Any sentence of probation would be unreasonable given the magnitude and seriousness of Livesay’s criminal conduct,” Judge Joel Dubina wrote for a three-judge panel of the court. “Only the imposition of a meaningful period of incarceration will meet the goals that Congress laid out in the sentencing statute.”

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