SEC seeks limit on ex-Qwest accountant's questions
By Andy Vuong
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
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
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