A federal court judge in Albany has denied a request by the attorneys for former Archbold CEO Ken Beverly to free him while he appeals fraud convictions.
Beverly's lawyers had argued that the 66 year-old should be released from federal custody while on appeal, saying that he was no flight risk and that Beverly's appeal had merit.
Beverly was sentenced to serve 24 months in a federal prison in June after being convicted of charges related to healthcare fraud, witness tampering, and falsifying documents.
During Beverly's tenure at the hospital, the government proved that the hospital fraudulently received more than $4 million in supplemental Medicaid Funds designed to aid public hospitals. Since Archbold is a private hospital, it wasn't legally entitled to these funds, the government argued.
Beverly’s attorneys argued that U.S. District Court Judge Louis Sands’ decision not to allow results of a private polygraph test into evidence during the trial, coupled with procedural errors committed by the U.S. Attorney’s office, would be enough to sway an appeals court.
Sands disagreed, saying those items on their own were not enough to meet the federal standard that would allow Beverly to be released while awaiting his appeal.