Ex-Qwest accountant seeks dismissal of SEC case
The Associated Press
Saturday, December 1, 2007
for a former Qwest Communications accountant said Friday that it
is unfair for federal regulators to accuse him of fraud, and
then have federal prosecutors try to prevent him from collecting
evidence for his defense.
The Securities and Exchange Commission has accused James
Kozlowski and former Qwest Communications International Inc.
executives of financial fraud from April 1999 to March 2002 that
nearly forced the Denver-based telecommunications company into
The SEC alleges they worked to artificially boost sales figures
to meet financial targets.
Kozlowski's attorneys have indicated they wanted to question
former Qwest CEO Joe Nacchio about potential government
contracts he thought Qwest could win. However, the
government has said some information that Kozlowski is seeking
falls under the state secrets doctrine and should remain
confidential, his attorneys said in documents filed Friday in
U.S. District Court.
Kozlowski's attorneys argue it is improper for the government to
prosecute someone, then invoke governmental privilege to prevent
him from gaining material for his defense. If Kozlowski is
denied access to the information, the case should be dismissed,
his attorneys argued.