 In 2002 and 2003 it emerged that the United States Attorney for the Western District of Kentucky was investigating Henry for fraudulent Medicare and Medicaid billings while he taught at the University of Louisville Medical School from 1996 through 2001.Then U.S. Attorney Steve Pence (R) had previously stated that he would not seek an indictment in regards to a criminal case.The federal government pursued a civil case to attempt repayment.