United States v. Malcolm E. McVay
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
MARCUS, Circuit Judge:
The United States appeals from a sentence of 60 months’ probation imposed by the district court on Malcolm E. McVay, the former Chief Financial Officer, Senior Vice-President, and Treasurer of Health-South Corporation (“HealthSouth”). McVay pled guilty to conspiracy to commit wire and securities fraud that resulted in losses of some $400 million, and to false certification of financial information filed with the Securities and Exchange Commission (“SEC”). On appeal, the government argues that the trial court erred by downwardly departing so drastically from the…
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