United States Securities and Exchange Commission
Litigation Release No. 18070 / April 4, 2003
Accounting and Auditing Enforcement Release No. 1752 / April 4, 2003
, Civil Action No. CV-03-S-0758-S
The Commission announced that on April 3, 2003, it filed a complaint
charging Kenneth K. Livesay, Angela C. Ayers, Kay Morgan, Cathy C.
Edwards and Virginia B. Valentine with violating and/or aiding and
abetting violations of the antifraud, reporting, books-and-records,
and internal controls provisions of the federal securities laws. These
defendants served in HealthSouth's accounting and/or Finance
department in different capacities. The complaint alleges that since
at least as early as 1999, HealthSouth has been systematically
overstating its earnings by at least $1.4 billion in order to meet or
exceed Wall Street earnings expectations. The false increases in
earnings were matched by false increases in HealthSouth's assets. By
the third quarter of 2002, HealthSouth's assets were overstated by at
least $1.3 billion, or approximately 20 percent.
The complaint charged that, Livesay, Ayers, Morgan, Edwards and
Valentine, in furtherance of the above scheme, made or directed other
HealthSouth employees to make false accounting entries to inflate
reported operating results. The Commission also charged that Morgan
engaged in insider trading by selling at least 20,000 shares of
HealthSouth stock while knowing that HealthSouth's financial
statements grossly misstated the company's earnings and assets.
The Commission's complaint against Livesay, Ayers, Morgan, Edwards and
Valentine charges that they each violated Section 17(a) of the
Securities Act of 1933 and Sections 10(b) and 13(b)(5) of the
Securities Exchange Act of 1934 and Rules 10b-5 and 13b2-1 thereunder,
and aided and abetted HealthSouth's violations of Sections 10(b),
13(a), 13(b)(2)(A) and 13(b)(2)(B) and of the Exchange Act and Rules
10b-5, 12b-20, 13a-1 and 13a-13 thereunder. The complaint also charges
Edwards with violating Rule 13b2-2 for providing a falsified invoice
to HealthSouth's auditors. The Commission is seeking permanent
injunctions, civil money penalties and disgorgement of all ill-gotten
gains or losses avoided by the defendants, and an order an order
prohibiting Livesay, Ayers, Morgan and Edwards from ever serving as an
officer or director of a public company.
The Commission also amended its complaint in , CV-03-J-0615-S (N.D.
AL) to allege that, since 1991, Scrushy sold at least 13,823,000
shares of HealthSouth common stock for proceeds in excess of $170
million, based upon his knowledge of HealthSouth's actual financial
results and the impact that disclosure of those results would have on
SNIPPETS:
United States Securities and Exchange Commission
The Commission announced that on April 3, 2003, it filed a complaint charging Kenneth K.
These defendants served in HealthSouth's accounting and/or Finance department in different
The complaint alleges that since at least as early as 1999, HealthSouth has been
By the third quarter of 2002, HealthSouth's assets were overstated by at least $1.3 billion,
The complaint charged that, Livesay, Ayers, Morgan, Edwards and Valentine, in furtherance of
The Commission also charged that Morgan engaged in insider trading by selling at least 20,000
Securities Exchange Act of 1934 and Rules 10b-5 and 13b2-1 thereunder, and aided and abetted
The complaint also charges Edwards with violating Rule 13b2-2 for providing a falsified
The Commission is seeking permanent injunctions, civil money penalties and disgorgement of
AL) to allege that, since 1991, Scrushy sold at least 13,823,000 shares of HealthSouth common
The Commission filed the original complaint in that matter on March 19,
See Litigation Release,,
|