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Beverly sentenced to 24 months in prison

ALBANY — Eighteen months following his conviction, a retired CEO from a Thomasville hospital has been sentenced to prison time.

At a hearing before U.S. District Judge Louis Sands on Thursday, Ken Beverly, former CEO of Archbold Medical Center, was sentenced to serve 24 months in prison followed by a three-year supervised release period.

He also is expected to pay a $50,000 fine as well as $100 for each of the six counts he was convicted of in December 2010.

During the supervised release, Beverly will not be allowed to possess a firearm and is expected to undergo mental health treatment as well as report financial information to probation officers. In light of the fact that he does not have a history of substance abuse, Sands waived the requirement to undergo drug testing.

The counsel representing Beverly indicated that they would be appealing the sentence.

He has been permitted to self-report to the Bureau of Prisons at date to be determined.

Beverly, 66, had been convicted on six felony counts related to Medicare and Medicaid fraud and obstruction of U.S. District Court.

In a courtroom full of spectators at the C.B. King Courthouse in Albany, defense counsel brought up three character witnesses who have known Beverly in a personal and professional capacity. They stated that the former hospital executive’s commitment to Archbold and the community of Thomasville as a whole was beyond what was expected of him, and that he did his job for the patients rather than for personal gain.

Taking into consideration a perceived positive reputation and the impact a prison sentence might have on Beverly’s family, defense counsel also argued the case for a sentence without jail time.

The prosecution said that, for every positive character witness, there had been a negative character witness stating Beverly had been dishonest and untruthful and that the fraud he committed was deliberate and calculated.

Prosecution attorneys also stated that, in addition to obstructing justice by giving false statements under oath, Beverly had effectively put the hospital’s former chief financial officer, William Sellers, “under the bus” by asking Sellers to fabricate documents so Beverly could point the finger at him.

Sellers, who is said to have cooperated fully in the fraud investigation on Beverly, was sentenced to two years probation and a $5,000 fine after he had entered a guilty plea to three counts of falsifying documents as part of the $13.9 million fraud Beverly had been convicted of committing, a March 2011 news story in The Thomasville Times-Enterprise indicates.

Also at the hearing on Thursday, David Robbins, senior vice president and general counsel for Archbold, was called to the stand and stated that the hospital had paid a total of $1.5 million in private counsel on the case. In addition, $1 million was put toward an internal fraud investigation.

Robbins also confirmed that Beverly walked away from his position at Archbold with $6 million in compensation and benefits, and that he would not have received those benefits had he been convicted before they kicked in.

Comments

agirl_25 1 year, 9 months ago

Wow.. only $55,000 for defrauding Medicaid out of millions...and $100 for each of the 6 counts...tsk tsk, shame on you Mr. Beverly......shame shame shame (in my best Gomer voice). Gee I sure hope I NEVER have to go before Judge Sands if I EVER cheat Medicare wink wink wink for he will really throw the book at me, huh? I am sure poor Mr. Beverly is going to have it rough the next 24 months, bless his heart. (OK.. time to look up sarcasm, you may find it in the dictionary between s%%t and sympathy, as in bulls%%t and no sympathy for the crook.) The crooked pharmacist got 2.5 years and he stole a lot more....I think the papers said nearly 25 million.....man he was big time....woo woo......wonder if they have a special cell for Medicaid stealers.....you know...they can sit and brag about how they did it and see who stole and stashed the most.

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ObjectiveEyes 1 year, 9 months ago

agirl....If you are referring to the pharmacist in Camilla, he hasn't gone to prison. He's busy managing his son's physician practice and making everyone there miserable in the process.

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agirl_25 1 year, 9 months ago

Oh yeah, the judge agreed to delay Morgan's (it was Morgan wasn't it?) prison time until he was satisfied that his ongoing health problems had been addressed. What a friend they have in our wonderful legal system, huh? Thank goodness he is in a physican's office tho. I would hate to think he was not well looked after. Yes, once again, sarcasm. Get out your dictionaries once again and go to the S section.

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cfcarroll64 1 year, 9 months ago

Just goes to show that if you gonna steal, still big, you will get less of a sentence.

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VietVet1 1 year, 9 months ago

and his family comes out ahead $$$ big time

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danielle1 1 year, 9 months ago

So he was convicted in December of 2010 but it took 2 years for him to be sentenced? Am I reading this wrong or it that how it went? Why wouldnt he have been sentenced a few weeks after being convicted?

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cfcarroll64 1 year, 9 months ago

You read it correctly, Harris Morgan did the same thing and he is still free, it all depends on who you are and who you know as to when and how long you do the crime.

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agirl_25 1 year, 9 months ago

(See above ^) ..but Mr. Morgan has health issues. Now you would not want him to have to go to prison with his health in jeopardy would you? (plays the theme from Jeopardy in the background for added intensity). Snicker, snicker, chortle, chortle.

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dingleberry 1 year, 9 months ago

What a shame we just can't deal with white collar crooks like we do with other crooks. Others doing the same thing will continue on since there is no deterrent--where is the downside to crime when the upside potential for gain is so large?.

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RedEric 1 year, 9 months ago

Welfare fraud approaches 50 percent of total spent and you are correct Dingle, there doesn't seem to be a downside. People receive welfare under 2 or 3 names. People share children to get more money. Everyone knows but say nothing as they are involved also. I watched a woman use her SNAP card and walk out to a brand new $74,000 Mercedes. Those two items do not belong together. Fraud is destructive due to the extra cost, but also due to the attitude it creates. That stealing is OK. Lying is OK. Morality is stupid. Justification is that 'we are owed this'. This downward spiral is going to be extremely difficult to break.

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cfcarroll64 1 year, 9 months ago

Ken will never serve one day, if he does it will not be in a prison like normal crooks are sentenced to.

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FryarTuk 1 year, 9 months ago

Not quite sure what to make of Judge Sands and his sentencing and reporting on medicare fraud. J. Harris Morgan was found guilty of 69 counts of fraud in October 2009. He was allowed out on appeal which is most unusual as it is customary to imprison while appeal is in process. In other judicial jurisdictions the guys like Morgan and Beveryly are behind the pipes aftern the verdict is read.

I don't know about Beverly but according to an article in The Herald of the 26 millions of dollars Harris Morgan had billed medicare 20 million went for the one drug the the Camilla Pharmacist used in his defrauding scheme. The Herald's J D Sumner did excellent reporting in the story over the history of the trial and sentencing which occrred approximately 31 months after the verdict.

Harris Morgan will never see the inside of the big house while his family live like fat overlords. His daughter is pretty much in the same business in Camilla presently even though under a different name.

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