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story category Ex-Qwest CEO's Conviction Overturned
Judge prevented testimony that Nacchio was 'just diversifying portfolio'
(old news - 09:08AM Tuesday Mar 18 2008)
tags: legal · business · telco · Qwest.net
In July of last year, former Qwest CEO Joseph Nacchio was sentenced to six years in prison for insider trading of $52 million in company shares. The former executive was also forced to forfeit $52 million in assets from illegal stock sales, as well as pay a $19 million fine. Today an appeals court overturned that conviction, stating that the trial Judge improperly excluded expert testimony
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that would have helped Nacchio advance his defense.
Nacchio's attorneys say Fischel, an expert on corporate law and markets, was a core part of his defense and could have explained to jurors what must be publicly disclosed and that Nacchio's stock sales were to diversify his portfolio. Mahoney said a reasonable jury hearing testimony from Fischel would have acquitted Nacchio.
You see, it wasn't insider trading, it was $52 million in diversification as his company imploded. Nacchio attorney Maureen Mahoney in a statement said: "If the government decides to retry the case, we expect him to be acquitted."

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Forums » Ex-Qwest CEO's Conviction Overturned
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TKJunkMail
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Nacchio was guilty but judge screwed up

The trial judge shouldn't have blocked Nacchio from defending himself, even if that expert's testimony was unlikely to affect the outcome of the trial. The jury would have seen thru the pathetic justification for Nacchio's stock sales and convicted him anyway. All the judge did was open up the opportunity for a successful appeal.
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Re: Nacchio was guilty but judge screwed up

said by TKJunkMail See Profile :

The trial judge shouldn't have blocked Nacchio from defending himself, even if that expert's testimony was unlikely to affect the outcome of the trial. The jury would have seen thru the pathetic justification for Nacchio's stock sales and convicted him anyway. All the judge did was open up the opportunity for a successful appeal.
Nacchio got this reversed yesterday. Actually, this bozo gets a new trial not an appeal. He won the appeal. 19 convictions of securities fraud were dismissed. The Judge screwed-up but I doubt the U.S. Attorney won't go after Mr. Nacchio again. I doubt anyone would buy his "defense" as his lawyer said. She's either really dumb or just very good. I'd say the later on the appeal win not on the defense.
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ncbill
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Re: Nacchio was guilty but judge screwed up

But in the meantime he "diversifies" all his assets overseas.

And probably himself as well.
moonpuppy

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Re: Nacchio was guilty but judge screwed up

said by ncbill See Profile :

But in the meantime he "diversifies" all his assets overseas.

And probably himself as well.
Doubtful since I would hope they seized his passport.
ncbill
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Winston Salem, NC

Re: Nacchio was guilty but judge screwed up

You don't need a passport to cross into Mexico (don't know about Canada)

Simply drive to any popular border town and walk across.

With his money he can arrange for transport from there to any country he wants.

firephoto
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There's more to this

Mr. Nacchio was one of the individuals that stated requests from the Bush administration for warrantless wire taps were taking place before September, 11 2001.
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Re: There's more to this

said by firephoto See Profile :

Mr. Nacchio was one of the individuals that stated requests from the Bush administration for warrantless wire taps were taking place before September, 11 2001.
And that has exactly what to do with the topic at hand?

Nothing.

Moving on...
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firephoto
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Re: There's more to this

The topic was about him getting a new trial due to suppressed evidence part of which was related to warrantless wiretaps. That is exactly why it is relevant.

quote:
Nacchio unsuccessfully attempted to defend himself by arguing that he actually expected Qwest's 2001 earnings to be higher because of secret NSA contracts, which, he contends, were denied by the NSA after he declined in a February 27, 2001 meeting to give the NSA customer calling records, court documents released this week show.

...

Nacchio's attempt to depose witnesses and present the classified defense was declined by Colorado federal district court judge Edward Nottingham, a decision that is playing a role in Nacchio's pending appeal to the 10th Circuit Appeals court.

»blog.wired.com/27bstroke6/2007/1···r-p.html

KrK
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said by firephoto See Profile :

Mr. Nacchio was one of the individuals that stated requests from the Bush administration for warrantless wire taps were taking place before September, 11 2001.
Interesting, eh? One wonders if only he had "co-operated" maybe he could have avoided this whole messy Insider trading prosecution thing...
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KrK
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White Collar crime is the only crime that pays....

...millions.
ackman

join:2000-10-04
Acworth, GA

How about

putting Bush and Cheney in jail then?

T1 Rocky

join:2002-11-15
Dallas, TX

Re: How about

$52 million? Is that all? Ed Whitare of SBC/ATT got more than double that as a retirement fund last year.
mr_dirt

join:2006-02-14
Denver, CO

1 edit

If we're lucky,

Joe will continue following in Ken Lay's footsteps and die real soon.
Forums » Ex-Qwest CEO's Conviction Overturned


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