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TD {font-size:10pt}var TDCSS=document.styleSheets.item("mainCSS");var Rules;if (TDCSS.rules) Rules=TDCSS.rules;else Rules=TDCSS.cssRules;Judge re-sentences convicted Ohio health exec - Free Online LibraryCacheBuster('')Printer FriendlyThe Free Library
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diggit();LinkToThis()A federal judge on Friday declined to reduce the prison sentence of a former health care financing executive convicted in a $1.9 billion corporate fraud case.

Donald Ayers had asked that his sentence be cut from 15 years to five years after a federal appeals court said the government hadn't proved a money laundering The process of taking the proceeds of criminal activity and making them appear legal.

Laundering allows criminals to transform illegally obtained gain into seemingly legitimate funds.  charge.

Ayers, of Fort Myers Fort Myers, city (1990 pop. 45,206), seat of Lee co., SW Fla., on the Caloosahatchee River, near the Gulf of Mexico; founded 1850, inc. 1905. It has a tourist trade and light industry and is a shipping point for citrus fruits, winter vegetables, flowers (especially , Fla., said re-sentencing him to 15 years amounted to double jeopardy double jeopardy: see jeopardy. double jeopardy

In law, the prosecution of a person for an offense for which he or she already has been prosecuted. In U.S. . He also said the multiple sentences he received for his convictions should be viewed independently, meaning he should receive the lesser sentence.

But U.S. District Court Judge Algenon Marbley recalculated Ayers' sentence to give him the same 15 years. The higher court had not made it clear that the prison term could be reduced, so the judge felt he had no choice, defense attorney Brian Dickerson said. He said a further appeal would be filed within 30 days.

Ayers, 74, who is serving his sentence in a minimum-security prison in Coleman, Fla., waived his right to attend the hearing and was not present. He's scheduled for release in 2021.

Federal prosecutors declined to comment on the re-sentencing, said Fred Alverson, a U.S. attorney's office spokesman.

Last summer, the 6th U.S. Circuit Court of Appeals in Cincinnati overturned Ayers' conviction on a charge of conspiracy to commit money laundering, saying the government didn't provide enough proof.

His convictions on conspiracy to defraud To make a Misrepresentation of an existing material fact, knowing it to be false or making it recklessly without regard to whether it is true or false, intending for someone to rely on the misrepresentation and under circumstances in which such person does rely on it to his or  the U.S. and securities fraud remained in place.

Marbley's decision was not surprising. In October, the judge re-sentenced another National Century executive, Roger Faulkenberry, to the same 10-year sentence he had originally received.

"We basically expected this. It's not like something we want to happen, but we expected Marbley to do exactly what he did today," Dickerson said, while still describing Ayers' defense team as disappointed.

Ayers was vice chairman, chief operating officer Chief Operating Officer (COO)

The officer of a firm responsible for day-to-day management, usually the president or an executive vice-president. , director and owner of National Century Financial Enterprises in Dublin, a Columbus in suburb.

National Century offered financing to small hospitals, nursing homes and other health care providers by buying their accounts receivable accounts receivable n. the amounts of money due or owed to a business or professional by customers or clients. Generally, accounts receivable refers to the total amount due and is considered in calculating the value of a business or the business' problems in paying , usually for 80 or 90 cents on the dollar, so the providers wouldn't have to wait for insurance payments. National Century then collected the full amount of the payments.

Prosecutors said executives authorized millions in unsecured loans to the health care providers, then misled mis·led  
v.
Past tense and past participle of mislead.  investors about the loans.

As the money owed to the company mounted, National Century declared bankruptcy in November 2002.

The National Century case was often likened to the Enron and WorldCom scandals, and Marbley has called it the worst fraud case involving a privately held U.S. corporation.

Another co-defendant, Rebecca Parrett, 62, disappeared in March 2008 after she was convicted of securities fraud, wire fraud and other charges. She was found and arrested in Mexico in October and is now being held at the Franklin County Franklin County is the name of 24 counties in the United States.

All except Franklin County, Idaho are likely named for Benjamin Franklin, a Founding Father of the United States.  Jail in Columbus.

___

Associated Press writer Andrew Welsh-Huggins contributed to this report. Copyright 2010 AP Features
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