Appeals court orders 4th sentencing for former HealthSouth executive

BIRMINGHAM, AL (WBRC) – The 11th Circuit U.S. Court of Appeals has ordered that former HealthSouth executive Kenneth Livesay will undergo a fourth sentencing after finding his sentence of probation to be "patently unreasonable."

The court says that a sentence of probation on the 49-year-old Livesay would be "unreasonable given the magnitude and seriousness of Livesay's criminal conduct."

Livesay was a senior vice president at HealthSouth and pleaded guilty in April of 2003 of conspiring with executives to attempt to artificially inflate HealthSouth's earnings in order for the execs to make money.

"We are pleased that the Court of Appeals agreed with our position that this key player in the $1.4 billion HealthSouth fraud deserves a prison sentence, not probation," says U.S. Attorney Joyce White Vance. "We continue to seek a sentence that provides a just punishment for Mr. Livesay's crime, and real deterrence for other would-be criminals," she said.