Monday, June 2, 2008

Scrushy Files Appellate Brief

Richard Scrushy, former CEO of HealthSouth, filed his appellate brief in the 11th Circuit Court of Appeals (for background see here)  The 118 page brief is detailed, with key arguments focused on the following areas:

  • No quid pro quo on the campaign contribution that is alleged to be related to an appointment & refusal by the court to give an instruction on the McCormick quid pro quo requirement 
  • Juror misconduct including juror use of the Internet
  • Judicial conflict and failure to disclose the alleged conflict
  • Jury composition challenge
  • Admission of hearsay testimony
  • Statute of limitations problem with one count

Scrushy also joins in the arguments raised by former Alabama Governor Seligman in his brief (see here).  As with Seligman's brief, the fascinating issue is the lack of a showing or a quid pro quo when a campaign contribution formed the essence of the alleged criminality. It seems likely that the government will respond that the McCormick case should not extend beyond Hobbs Act cases, and therefore should not apply to the Scrushy/Seligman cases.  But without seeing the government's brief, the defense argument seems like a strong one - since without a quid pro quo requirement we might find all campaign contributions being considered criminal activity.

The Brief - Download SCRUSHYINTIALBRIEF0713163BFINAL6.2.08.pdf


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