With his sentencing scheduled for Friday, Dr. Alfred Bradley Adkins, a clinical psychologist convicted of working with Eric C. Conn to pass off fraudulent medical evidence to support disability claims, has submitted his objections to the federal government’s requested sentence calculation.
Adkins’ original objection to the pre-sentence investigation report (PSR) has been withdrawn, citing a possible downward variance in his sentencing. The PSR includes an increase in the offense level for “obstruction/impeding the administration of justice,” to which Adkins’ brief said they would not be objecting.
In total, the PSR makes clear that Adkins, 46, could spend the rest of his life in jail, due to included enhancements such as committing a federal health care offense, abuse of a position of trust or special skill and obstruction of justice.
Adkins’ filing also includes a motion for downward departure, seeking leniency in the sentencing, based in part on “his notable history and personal characteristics.”
Another factor to be considered, the motion says, is Adkins’ particular role in the offenses, as well as the sentences given to Conn himself, who received 12 years, and David Daugherty, the administrative law judge who accepted bribes to approve the cases, who received four years. Both Conn and Daugherty, however, reached plea agreements with prosecutors, whereas Adkins was convicted at trial.
The formal arguments, the motion said, are still being developed, though Adkins submitted for consideration letters and affidavits in support of his good character.
Pre-sentencing motions such as these are to be filed at least 10 days prior to the sentencing, though the filing in Adkins’ case, made by Adkins’ recently retained new counsel, Murdoch Walker II of Atlanta, Georgia, was sent on Friday, only one week prior to his scheduled sentencing. This lateness, the motion says, is due to how recently the PSR was given, their prior unresolved issues with it and required (and ongoing) communication between the parties involved.
The U.S., in its response, has also recommended leniency, specifically in the form of a recommended 15 year sentence, well short of the 65 years possible, in part because of Adkins’ merely ancillary role in the fraud scheme, and how relatively little he personally profited from it.
The U.S. will also seek a forfeiture of $187,600, the amount they say Adkins personally pocketed from working with Conn.