HealthSouth - Scrushy

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Federal prosecutors will not try to pursue perjury charges against fired HealthSouth CEO Richard Scrushy. That announcement today from US Attorney Alice Martin.

Martin filed a motion Wednesday asking the Atlanta-based Eleventh Circuit Court of Appeals to drop the government's appeal. Prosecutors had appealed a trial court judge's decision to dismiss perjury counts from Scrushy's criminal trial.

In a statement, Martin says the decision was "based on legal considerations."

Scrushy was acquitted on charges of leading a $2.7 billion earnings overstatement at HealthSouth in June.

Martin still plans to pursue obstruction of justice charges, dismissed along with the perjury claims before jurors got the case.

It could lead to another criminal trial if an appeals court overrules Birmingham Federal Judge Karon Bowdre.

Scrushy still faces a lawsuit filed by the Securities and Exchange Commission and at least 61 other federal lawsuits filed in Birmingham over the massive fraud.