FRANKFORT, Ky. — Lt. Gov. Steve Henry's lawyer said he's sure that federal investigators have found evidence of billing discrepancies for Lt. Gov. Henry's work as an orthopedic surgeon, but the lawyer said they were “innocent mistakes.”

        Jack Smith of Louisville said his examination of the records and discussions with people interviewed by investigators uncovered no evidence of criminality.

        Mr. Smith said the investigation seems to focus on whether Lt. Gov. Henry actually performed or supervised surgery for which he billed the government.

        “From what I have learned, there were innocent mistakes,” Mr. Smith told the Courier-Journal. He said Lt. Gov. Henry may have signed incorrect billing documents, “not in an effort to cheat anybody, but in a mode of sloppiness.”

        Mr. Smith also said he thinks a state auditor's probe of whether state employees and assets were used in Lt. Gov. Henry's wedding to former Miss America Heather French last year “will turn out all right,” with only minor problems.

        Auditor Ed Hatchett declined to comment on that Thursday but indicated the wedding review is about to end. Two investigators recently conducted a lengthy interview of Lt. Gov. Henry, with Mr. Smith present.

        A federal grand jury in Louisville has subpoenaed all of Lt. Gov. Henry's state travel records since he took office in 1995, and records from University of Louisville Hospital, where he is on the medical school faculty.

        Mr. Smith said Lt. Gov. Henry also recently received a subpoena for his personal records. Lt. Gov. Henry declined to be interviewed.

        Health-care fraud is punishable by up to 10 years in prison. But Mr. Smith said such investigations can result in civil fines rather than criminal penalties “when no criminal intent is found.”

        Several other teaching hospitals have paid millions of dollars in civil fines and reimbursements after federal audits found the hospitals billed for the services of doctors who weren't present.

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