Attorney files motion to dismiss Ed Henry indictment, says charges are ‘vague, uncertain’

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Hartselle-Republican, State Rep. William “Ed” Henry, 47, found himself indicted earlier this month, arrested on charges stemming from his alleged role in a medical kickback scheme.

According to the Decatur Daily his attorney, Max Pulliam filed a motion this week to dismiss the federal indictment against him, saying the allegations are “vague, indefinite, uncertain and confusing” and do not constitute criminal conduct.

Henry was arrested June 7. Middle District U.S. Attorney Louis V. Franklin Sr., announced the indictment naming Henry as the fourteenth defendant to be indicted in connection with a federal pill mill case in Montgomery. It charges him with conspiracy to pay kickbacks to defraud the United States, unrelated to his position in the state Legislature.

The indictment

The indictment charges Henry with one count of conspiring to pay kickbacks and to defraud the United States. It then alleges six counts of paying unlawful kickbacks — each count is based on a different type of kickback Henry paid to Dr. Sanchez and those who worked at Dr. Sanchez’s practice.

Next, the indictment charges Henry with one count of conspiring to commit health care fraud and five counts of health care fraud. Those counts are based on Henry’s assisting Dr. Sanchez in unlawfully waiving copay obligations and then failing to report the copay waivers to Medicare.

Last, the indictment alleges that Henry conspired to commit money laundering. The money laundering charge results from Henry’s using the proceeds of health care fraud to make payments to Dr. Sanchez’s staff members.

Attorney asks for a “bill of particulars”

According to the Decatur Daily, Pulliam also asked for a “bill of particulars, seeking 45 specific facts about the prosecution’s case against Henry, including any that show Henry paid any kickback to Sanchez or committed offenses against the United States.”

If convicted

If convicted of the most serious offense, Henry faces a maximum sentence of 10 years in prison, significant monetary penalties, asset forfeiture, and restitution.

An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.

Henry continues to maintain his innocence. His trial is set for Oct. 1.

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