Nacchio team makes case to toss suit
By Andy Vuong
Tuesday, December 11, 2007
A civil fraud lawsuit pending against former Qwest Chief Joe
Nacchio should be tossed if a federal judge allows the
government to invoke its state-secrets privilege, his attorneys
wrote in a filing Monday.
"The classified information which the government seeks to
suppress permeates the government's allegations against Mr.
Nacchio, making it impossible for him to mount a defense,"
Nacchio's attorneys said.
Other defendants in the case --- former Qwest president Afshin
Mohebbi, former chief financial officer Robert Woodruff and
former accountants James Kozlowski and Frank Noyes --- have made
The Securities and Exchange Commission, which filed the lawsuit,
said in a filing Monday that it will dispute the "defendants'
sweeping assertions" that the case must be dismissed if the
court allows the government to cloak what it considers to be
The Bush administration asserted the privilege in November,
arguing that disclosure of certain information could cause
damage to the National defense of the
The SEC alleges in its suit that Nacchio and his former
subordinates fraudulently booked $3 billion in revenue from 1999