WE, THE UNDERSIGNED, respectfully petition for the immediate grant of clemency and pardon for Dr. Shiva Akula, currently incarcerated at FCI Memphis, who has been subjected to a fundamentally unfair legal process that violated his constitutional rights and resulted in an unjust conviction and excessive sentence.

EXECUTIVE SUMMARY

Dr. Shiva Akula's Story: From Immigrant Dream to American Nightmare

Dr. Shiva Akula came to the United States from India as a young man with just $50 in his pocket and the American Dream in his heart. Through hard work and dedication to serving others, he built Canon Hospice into the largest hospice care facility in Louisiana, employing 250 people and providing compassionate end-of-life care to thousands of patients.

Dr. Akula's commitment to service over profit was demonstrated time and again:

• During Hurricane Katrina in 2005, Canon Hospice was the only hospice that remained open, serving patients when they needed care most
• From 2014-2017 (during the government's investigation), he provided $1.5 million worth of free, uncompensated care to indigent patients  
• He donated $3.75 million to the Akula Foundation, a community charity providing various activities, including continuing education for healthcare providers that financially collapsed after the government stole the foundations funds; fortunately, Lee Mathews and John Caldera formed a new LLC, which they named in honor of Dr. Akula, to carry on this important work

Despite this lifetime of service, Dr. Akula was convicted in the Eastern District of Louisiana (Case No. 2:21-cr-00098) and sentenced to 20 years imprisonment and a restitution inflated  36,602% times the Indictments alleged $114,766 loss amount. Adding insult to injury, Blue Cross and Blue Shield insurance claimed to be a victim and demanding $219 in restitution after cheating Canon Hospice out of $167,000 of patient care services provided. His case represents a profound miscarriage of justice marked by:

• Judicial bias and financial conflicts of interest
• Ineffective assistance of counsel
• Violation of fundamental constitutional rights
• Excessive punishment disproportionate to the alleged offense
• Ongoing denial of basic prisoner rights to court access

GROUNDS FOR CLEMENCY

1. JUDICIAL MISCONDUCT AND CONFLICTS OF INTEREST

Dr. Akula's case was presided over by Judge Lance M. Africk, who the Wall Street Journal and Matt Sledge reported as having unreported conflicts of interest. According to the reporting, Judge Africk may be the most conflicted judge in Louisiana! See what others are saying about Africk. He demonstrated clear bias while deciding Dr. Akula's case:

• Financial Interest: Judge Africk had undisclosed financial holdings that created conflicts with his judicial duties
• Ex Parte Communications: Evidence suggests improper communications that violated due process
• Failure to Recuse: Despite clear conflicts, Judge Africk refused to recuse himself from the case
• Pattern of Misconduct: The judge's conduct follows a documented pattern spanning his entire judicial career

2. PROSECUTORIAL MISCONDUCT

Dr. Akula was subjected to egregious prosecutorial misconduct by Assistant U.S. Attorney Kathryn McHugh, who systematically violated ethical rules and constitutional principles:

Evidence Suppression and Manipulation:

• Suppressed critical evidence of GV medical billing codes that proved innocence vs. fraud
• Concealed witness criminal conduct by obstructing Louisiana's investigation into key witness Kelly Anderson's payroll fraud
• Admitted inadmissible evidence including a nurse's report that violated federal evidence rules
• Failed to disclose witness statements despite court orders

Witness Tampering and False Testimony:

• Allowed perjured testimony from star witness Kelly Anderson about her role in billing systems
• Protected criminal witnesses from prosecution to secure their cooperation against Dr. Akula
• Coached witnesses to deliver false testimony about billing practices
• Retaliated against defense witnesses by ensuring contractor Ashok Etikyala was never paid his final two weeks' salary for testifying on Dr. Akula's behalf (along with 102 other employees who went unpaid)
• Suppressed exculpatory testimony showing that Sue May, not Dr. Akula, was the supervisor responsible for billing

Unauthorized Access to Privileged Communications:

• Obtained attorney-client communications between Dr. Akula and his former counsel through witness Kelly Anderson
• Used illegally obtained evidence including handwritten attorney strategy notes
• Violated attorney-client privilege to gain unfair advantage in prosecution

Vindictive and Discriminatory Prosecution:

• Selective prosecution targeting Dr. Akula (of Indian heritage) with criminal charges while similar cases involving Caucasian defendants received civil settlements
• Made false statements to court claiming Dr. Akula's brother-in-law "fled the country" despite government exhibit customs records clearly showing the relative was in the USA for 3 years
• Denied the relative's exculpatory testimony via Zoom claiming he didn't have a visa, despite having his deposition from discovery showing Dr. Akula had nothing to do with billing
• Called Dr. Akula a "threat to community" despite the probation officer stating he posed no threat to community in the Pre-Sentence Report
• Prevented Dr. Akula from performing last rites for his deceased mother despite his deep community ties
• Harassed family members by freezing his Air Force son's bank account during a family bereavement
• Threatened defense attorneys with prosecution to deter appeals of audit findings

Ex Parte Communications:

• Magistrate Judge Karen Wells Roby ruled that McHugh engaged in improper communications to influence judicial decisions through unauthorized contact

3. INEFFECTIVE ASSISTANCE OF COUNSEL

Dr. Akula was denied effective legal representation by attorney Niles Illich, who:

• Failed to investigate judicial bias despite clear evidence of conflicts
• Engaged in improper communications that compromised the defense
• Abandoned his client by filing motions without consultation and withdrawing at critical moments
• Failed to present crucial evidence that could have significantly impacted the outcome

4. CONSTITUTIONAL VIOLATIONS

Multiple constitutional violations occurred throughout the proceedings:

• Due Process Violations: Denial of fair trial due to judicial bias and prosecutorial misconduct
• Equal Protection Violations: Discriminatory prosecution based on race and ethnicity - the white owner of St. Joseph Hospice, LLC, was allowed to pay $5.86 million to "resolve" the fraud case against him without serving any prison sentence
• Right to Counsel: Ineffective assistance that rendered counsel constitutionally inadequate
• Attorney-Client Privilege: Illegal access to privileged communications
• Court Access Rights: Ongoing denial of access to case documents for appeal preparation

5. EXCESSIVE AND DISPROPORTIONATE SENTENCE

The 20-year sentence and 36,602% inflated restitution are:

• Grossly disproportionate to similar cases
• Based on flawed evidence that was improperly admitted
  Imposed without proper consideration of mitigating factors
• Devastating to Dr. Akula's family and community

CURRENT INJUSTICES

Denial of Court Access Rights

Dr. Akula is currently being denied fundamental constitutional rights at FCI Memphis:

• Cannot access his 13,204-page case file needed for his Fifth Circuit appeal
• Prison officials play "bureaucratic hot potato" with responsibility for providing document access
• Four months of systematic obstruction by Bureau of Prisons staff
• Critical appeal deadlines approaching while basic legal rights are denied
  
  

THE HUMAN COST

The Destruction of an American Success Story

This case has caused immeasurable harm that extends far beyond one man:

• A self-made immigrant's American Dream destroyed: From $50 in his pocket to building Louisiana's largest hospice, Dr. Akula embodied the American spirit of hard work and service
• A healthcare hero silenced: The man who kept the only hospice open during Hurricane Katrina, losing $2.1 million because the government broke its promises to reimburse emergency operations
• Community service criminalized: The government seized $3.75 million that Dr. Akula had donated to the Akula Foundation for community healthcare education
• A family torn apart: Prevented from performing last rites for his own mother despite having a business, home, practice, children, grandchildren, and deep community ties
• 250 jobs lost: Employees who lost their livelihoods when Canon Hospice was destroyed
• Patients who lost access to compassionate care: The very people Dr. Akula dedicated his life to serving
• The chilling of charitable giving: When the government can seize charitable donations, who will dare to give?
• Erosion of public trust in the justice system: When service to community is rewarded with persecution

The Systemic Breakdown:
This case demonstrates a complete breakdown of the justice system where:

• The judge had undisclosed financial conflicts
• The prosecutor systematically violated ethical rules and constitutional rights
• Defense counsel failed to provide adequate representation
• Critical evidence was suppressed and false testimony was presented
• The defendant's family was harassed and intimidated
• A lifetime of service to America was ignored in favor of a false "greedy man" narrative
  
  

The Real Motivation: Retaliation
Dr. Akula believes this federal criminal prosecution was motivated by retaliation because he filed suit against the federal government in the Supreme Court of Louisiana seeking to hold the government accountable for their broken promises made during Hurricane Katrina. When Dr. Akula stood up for what was right, the government destroyed his life.

Dr. Akula's case highlights systemic problems in our federal justice system that demand presidential intervention. See the recent article about Dr. Akula's case published on Clutch.

WHAT WE DEMAND

We respectfully request that the President exercise his constitutional clemency power to:

1. PARDON or alternatively COMMUTE Dr. Akula's sentence to time served
2. Reduce or eliminate the excessive restitution order
3. Order immediate investigation into the judicial misconduct
4. Ensure Dr. Akula receives proper medical care and court access while any remaining proceedings continue