AUSWR
The Association of U S West Retirees
 

 

 

SEC seeks limit on ex-Qwest accountant's questions
By Andy Vuong
Denver Post
Tuesday, November 20, 2007

The government asked a magistrate judge today to limit the scope of depositions issued by a former Qwest accountant charged with fraud.

The Securities and Exchange Commission wants to prevent defendant James Kozlowski from asking agency officials, among other things, about their involvement in the Justice Department's probe of questionable swaps of fiber-optic capacity between telecommunications companies.

Kozlowski and four others, including former Qwest chief executive Joe Nacchio, are accused of fraudulently booking $3 billion in revenue from 1999 to 2002.  Denver-based Qwest later restated much of that revenue.

Kozlowski has issued subpoenas to the SEC's office of chief accountant and division of corporate finance, asking "each to designate one or more staff member to testify regarding numerous subject areas," according to Monday's filing.

The SEC cited the deliberative process privilege, which exempts a government agency from disclosing certain materials, in asking Magistrate Judge Craig Shaffer to limit the scope of Kozlowski's questioning.

Other defendants in the case include former Qwest president Afshin Mohebbi, former chief financial officer Robert Woodruff and former accountant Frank Noyes.

Andy Vuong: 303-954-1209 or avuong@denverpost.com

http://www.denverpost.com/ci_7508195