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3/17/2008
Nacchio Gets a New Trial
7/30/2007
Quest's Nacchio Faces Fine, Jail Time
Quest's Nacchio Sentenced Today
Insider Trading Charges a Back Door For Prosecutors
Nacchio Guilty on 19 Counts
Nacchio Verdict Forthcoming
Coverage of the Joe Nacchio trial at The Race to the Bottom
Former Quest Finance Exec Reaches Settlement
Quest Faces $400 Million Class Action Settlement
Case Against Nacchio...Not Dismissed
Quest Settlement Dunzo...Executives Fate Uncertain
Quest's Nacchio to Point Finger at Board in Insider Trading Defense
Form Quest Exec Pleads Guilty to Wire Fraud
Nacchio Indicted on 42 Counts of Insider Trading
Quest CEO Claims CIA Deals Prompted Suspect Stock Trades
SEC Suspends Quest Auditor, Former Arthur Andersen Partner
Former Quest Execs Face SEC Suit
Nacchio Gets a New Trial
This is a reprieve from a potential six years behind bars for former Quest CEO, Joe Nacchio. Whether his luck will hold is an open question. Details on the new trial here.
-- MDT
-- MDT
Labels: Joe Nacchio, Quest
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Quest's Nacchio Faces Fine, Jail Time
Quest's former CEO, Joe Nacchio, was sentenced on Friday in connection with his sell-off of $52 million in Quest stock while not disclosing to his companies investors that rough times were ahead. For what the judge in the case called "crimes of overarching greed" Nacchio was sentenced to six years in prison. He was also ordered to forfeit the $52 million within 15 days along with a $19 million fine. Still ahead for Nacchio is a civil suit against Quest executives that is scheduled to get going in 2009.
-- MDT
7/27/2007
-- MDT
Labels: corporate scandal, Joe Nacchio, Quest, sentencing
Quest's Nacchio Sentenced Today
And we'll be watching closely...not as closely though as the White Collar Crime Prof Blog's Peter Henning. You can read his comments here, with more sure to come.
-- MDT
4/24/2007
-- MDT
Labels: Joe Nacchio, sentencing
Insider Trading Charges a Back Door For Prosecutors
Interesting article from the NJ Star Ledger (which features quote-love for friend of The Daily Caveat Peter Henning) on changing strategies for corporate crime prosecutors. Using the Joe Nacchio trial as a case in point, Henning describes in the article how prosecutors can use insider trading charges against executives as a back door to exploring accounting fraud without having to dive into the treacherous, confusing minutia that comes from attacking corporate accounting head on.
-- MDT
4/20/2007
-- MDT
Labels: accounting fraud, insider trading, Joe Nacchio, Peter Henning, prosecution
Nacchio Guilty on 19 Counts
19 of 42 would be a pretty darn good batting average in the MLB. Less so in a guilty verdict. Former Quest CEO Joe Nacchio has been found guilty on 19 counts of insider trading after six days of jury deliberations in his criminal trial. In 2001, over five months Nacchio more than 100 million dollars worth of Quest stock, before disclosing the financial troubles the company was facing. A civil trial relating to the same issues is still pending.
There's more on the Nacchio Guilty verdict at TheOlympian.com.
-- MDT
4/16/2007
There's more on the Nacchio Guilty verdict at TheOlympian.com.
-- MDT
Labels: insider trading, Joe Nacchio, Quest, securities, white collar crime
Nacchio Verdict Forthcoming
Whatever happens, Nacchio may still face civil charges, but a not guilty verdict in his criminal trial won't exactly help the SEC's case. A great recap of the trial and a day-by-day summary can be found here, at The Denver Post.
Also, don't forget that The Race to the Bottom has been covering the trial closely. You might want to catch up with their coverage.
-- MDT
3/16/2007
Also, don't forget that The Race to the Bottom has been covering the trial closely. You might want to catch up with their coverage.
-- MDT
Labels: corporate scandal, corruption, Joe Nacchio, trial, verdict
Coverage of the Joe Nacchio trial at The Race to the Bottom
The Daily Caveat mentioned this blog last week as one to watch...well start watching, because starting Monday they'll be providing daily coverage of the Joe Nacchio trial. Nacchio, the former quest head honcho, was indicted back in December 2005 on 42 counts of insider trading, having sloughed off more than $100 million in Quest stock when he knew the company was about to tank. Nice. Real nice.
Take a swing over the TheRacetoTheBottom.org on Monday and see what its all about.
-- MDT
1/08/2007
Take a swing over the TheRacetoTheBottom.org on Monday and see what its all about.
-- MDT
Labels: insider trading, Joe Nacchio, Quest, Race to the Bottom
Former Quest Finance Exec Reaches Settlement
Robin Szeliga has reached a settlement with the SEC regarding her role in the multi-billion dollar Quest Communications financial fraud. Szeliga is expected to accept a $250,00 fine ans two years probation based on a guilty plea on one count of insider trading. She is also expected to be a key witness against her former boss and fellow defendant, former Quest CEO, Joe Nacchio.
Now won't that trial be interesting.
-- MDT
10/03/2006
Now won't that trial be interesting.
-- MDT
Labels: insider trading, Joe Nacchio, Quest, Robin Szeliga
Quest Faces $400 Million Class Action Settlement
The settlement was approved on Friday in a Denver court. Quest executives Joe Nacchio and Robert Blackburn were not included in the settlement and will likely pursued separately by investors.
More here.
-- MDT
3/27/2006
More here.
-- MDT
Labels: Joe Nacchio, Quest
Case Against Nacchio...Not Dismissed
This past Friday a Denver federal court judge declined to grant a dismissal of 42 counts insider of insider against former Qwest CEO, Joseph Nacchios. The request for dismissal was related to the defense team's inability thus far to qeustion Nacchios about secret dealings with the U.S. government. Special clearances are being required for said questioning and were granted to defense lawyers as of Friday. Each of the counts against Nacchios could cost him ten years in prison and a $1 million fine. More on the case and the continuing legal manuverings therein can be found here. In addition to the criminal counts pending againts Nacchios, civil charges from the SEC also loom. More here.
-- MDT
1/20/2006
-- MDT
Labels: Joe Nacchio
Quest Settlement Dunzo...Executives Fate Uncertain
Via BusinessWeek.com:
-- MDT
1/10/2006
Ex-Qwest exec settlement said collapsedCheck out the full article for more on the probably fate of Nacchio and the five other Quest execs fingered in the fraud.
THE ASSOCIATED PRESS/DENVER
By SANDY SHORE
AP Business Writer
January 19, 2006
A tentative settlement has collapsed for a former Qwest chief financial officer in a civil case arising from the telecommunications company's multibillion dollar accounting scandal, her attorney said Thursday.
Robin Szeliga's attorney provided no details during a court hearing about the Securities and Exchange Commission's case against Szeliga and other former Qwest executives. Szeliga announced in June she had agreed to settle the civil case.
"That settlement ultimately did not occur," attorney Mark Drooks told Magistrate Judge Craig B. Shaffer. SEC attorney Robert Fusfeld declined comment outside the courtroom...
-- MDT
Labels: Joe Nacchio, Quest, Robin Szeliga
Quest's Nacchio to Point Finger at Board in Insider Trading Defense
Via TMCnet.com:
-- MDT
12/29/2005
Nacchio could point to board's actionsWe shall see. Nacchio's trial will be a big one this year. More details in the full article.
The Denver Post, The (KRT)
Via Thomson Dialog NewsEdge
January 8, 2006
Former Qwest chief executive Joe Nacchio -- accused of criminal insider trading for selling $100.8 million worth of Qwest stock in 2001 -- may have a simple yet powerful defense for the sales: The board made him do it. Qwest publicly stated on several occasions between September 2000 and February 2001 that its board of directors had ordered Nacchio to unload millions' worth of company shares. Legal experts say the board's actions and company statements at the time could be vital to Nacchio's defense.
"He would argue that what he was doing was with full knowledge and authorization of the board," said Douglas McNabb, senior principal of McNabb Associates, a Washington, D.C.-based criminal defense law firm not involved in the Nacchio case. "That's huge." Federal prosecutors are expected to argue that even if Nacchio was told to unload Qwest stock, the 42 stock sales he made between January and May 2001 were illegal because he was aware of key information about the company's financial condition that wasn't publicly available.
They likely will also assert that Nacchio accelerated his stock sales instead of following the board's order to systematically divest his position. To obtain a conviction, prosecutors would have to convince a jury beyond a reasonable doubt that Nacchio dumped stock while he knew Qwest's financial condition was much weaker than he claimed publicly...
-- MDT
Labels: insider trading, Joe Nacchio
Form Quest Exec Pleads Guilty to Wire Fraud
Only days after ex-Quest CEO Joe Nacchio was indicted on insider trading charges another former exec from the telecom company has been forced to pay the piper...
Via BusinessWeek:
-- MDT
12/21/2005
Via BusinessWeek:
Ex-Qwest exec pleads guilty to wire fraudMore here.
By JON SARCHE
Associated Press Writer
December 28 2005
Former Qwest Communications executive Marc Weisberg pleaded guilty Wednesday to wire fraud and agreed to cooperate with federal prosecutors trying to convict other company officials of wrongdoing, including former Chief Executive Joseph Nacchio.
Weisberg, a former senior vice president who oversaw investments, mergers and acquisitions for Denver-based Qwest Communications International Inc., pleaded guilty to a single count of fraud. He had faced eight counts of wire fraud and three counts of money laundering.
Prosecutors declined comment through U.S. Attorney's spokesman Jeff Dorschner. Weisberg's attorneys did not immediately return calls. He faces a March 3 sentencing hearing.
-- MDT
Labels: insider trading, Joe Nacchio, money laundering, Quest
Nacchio Indicted on 42 Counts of Insider Trading
A little Happy Holidays! from Federal Prosecutors for the former Quest CEO...
Via ABCNews.com:
-- MDT
11/28/2005
Via ABCNews.com:
Former Qwest CEO Joe Nacchio Is IndictedMore here.
By Don Mitchell
The Associated Press
DENVER Dec 20, 2005 — Joseph Nacchio, the former chief executive of Qwest Communications during its multibillion-dollar accounting scandal, was indicted Tuesday on 42 counts of insider trading accusing him of illegally selling off more than $100 million in stock.
The indictment includes the first criminal charges against Nacchio in the government's nearly four-year-old investigation into accounting practices at Qwest Communications International Inc., the Denver-based primary telephone service provider in 14 mostly Western states.
Nacchio, 56, was in custody and his initial court appearance was expected later Tuesday, said Jeff Dorschner, a prosecution spokesman. Nacchio's attorneys said he would plead not guilty "with perfect confidence in his exoneration"...
-- MDT
Labels: insider trading, Joe Nacchio, Quest
Quest CEO Claims CIA Deals Prompted Suspect Stock Trades
Via Motleyfool.com:
-- MDT
3/30/2005
Joe Nacchio: CEO or Secret Agent?More here.
By Tim Beyers
November 22, 2005
Motley Fool
...Authorities have made [ Quest CEO, Joe] Nacchio the centerpiece of a federal investigation into an accounting scandal that forced the telco to restate its 2000 and 2001 earnings, which were found to be inflated by an aggregate of $2.2 billion.
Nacchio has long denied any wrongdoing in the case, but some might argue he was somewhat more fortuitous in his timing of sales of Qwest stock than your average Joe or Jane Oddlot. Nacchio's defense has been that he established a regular program of pruning to diversify his portfolio and that his hyperbolic public statements that touted the company were nothing more than optimistic puffery grounded in a naive belief that the business was just humming along. Call it the "I didn't know someone else was cooking the books" defense, if you like.
It now appears the story has changed. According to yesterday's edition of The Wall Street Journal, Nacchio's so-called pumping was motivated by the knowledge that the firm had landed secret national security contracts and was expecting to receive more. In other words: By day, he was a mild-mannered spreadsheet-touting CEO. By night, he was a back alley negotiator brokering secret deals with government spooks promising to increase sales and earnings for years. Call it the "I could tell you but I'd have to kill you" defense...
-- MDT
Labels: Joe Nacchio, Quest
SEC Suspends Quest Auditor, Former Arthur Andersen Partner
Via BusinessWeek Online:
-- MDT
3/15/2005
SEC suspends Qwest's former auditorThe original article can be found here.
MAR. 29 4:49 P.M. ET The Securities and Exchange Commission on Tuesday suspended the former Arthur Andersen LLP partner in charge of auditing the books of Qwest Communications International Inc.
Mark Iwan, the former partner at the now-defunct firm, is banned from handling audits of publicly traded companies for five years. He was accused of failing in his professional duties during audits from 1999 through 2001 by overlooking signs of what regulators have called a massive financial fraud at the company.
Qwest, based in Denver, was a once high-flying telecommunications company whose fortunes changed in the late 1990s amid excess capacity in the industry. Last year, the company agreed to pay $250 million to settle charges that it used accounting tricks to boost revenue in order to meet overly optimistic revenue projections.
Iwan's license expired in May 2004. As part of the settlement, the former partner agreed to cooperate with the SEC staff. The SEC two weeks ago filed civil charges against former Qwest executives, including Joseph Nacchio, the former chief executive.
Scott Schreiber, an attorney for Iwan, didn't immediately return a phone call.
-- MDT
Labels: Joe Nacchio, Quest
Former Quest Execs Face SEC Suit
Hot off Reuters:
-- MDT
SEC Sues Ex-Qwest CEO Nacchio, Six OthersRead the rest at MYWAY News.
Tuesday March 15, 2:03 PM EST
DENVER, Colo, (Reuters) - The U.S. Securities and Exchange Commission on Tuesday sued former Qwest Communications International Inc. (Q) Chief Executive Joseph Nacchio and six other former executives, accusing them of perpetrating a massive financial fraud on investors.
The lawsuit, filed in Denver federal court, alleged that the Qwest management team filed false financial statements that hid the true source of the company's revenues between April 1999 and March 2002.
The scheme caused the Denver-based phone company to fraudulently report about $3 billion of revenue and also facilitated the company's June 2000 merger with US West Inc., the lawsuit said.
-- MDT
Labels: Joe Nacchio, Quest
