Former HealthSouth CEO Richard Scrushy has asked a federal judge in a court filing to dismiss the Securities and Exchange Commission's civil action against him.
With Scrushy acquitted of criminal charges, his attorney contends the SEC lacks enough evidence to convict him of the civil charges stemming from a $2.6 billion fraud at Birmingham-based HealthSouth.
Scrushy's lawyers also argue many of the remedies sought by the SEC are sought separately in a number of shareholder lawsuits against Scrushy, making pursuit by the SEC unnecessary.
The SEC seeks $785 million that it sees as ill-gotten gains, losses Scrushy avoided because of the fraud, and civil penalties.
The suit also seeks to have Scrushy permanently barred from serving as an officer or director of any publicly traded company.
Scrushy's motion for dismissal was filed Friday, the deadline set by Birmingham Federal Judge Inge Johnson.
The judge has given the SEC until Oct. 28 to respond to Scrushy's motion and then Scrushy will have until Nov. 14 to respond to the SEC's response.