Nacchio asks for leniency
Kin's health should be weighed in sentencing, lawyers say
By Tom McGhee, Staff Writer
Sunday, July 8, 2007
Judge Edward Nottingham should consider the
perilous health of two of Joe Nacchio's family members before
agreeing to the 10-year sentence prosecutors say he deserves for
illegal insider trading, Nacchio's lawyers said in court
documents filed Friday.
In a document also filed Friday in U.S. District Court in
Denver, prosecutors dismissed the argument and others submitted
by Nacchio's lawyers.
The 40-page statement by prosecutors calls for 10 years of
incarceration followed by three years of supervised release and
a fine of $19 million, and payback of proceeds from illegal
trades amount to $52 million.
"Any less severe sentence would fail to provide just punishment,
to promote respect for the law and to protect the public," the
"Mr. Nacchio submits that ... because of extraordinary
circumstances concerning the effect that a lengthy period of
incarceration will have on the health and potentially even the
life expectancy of two of his immediate family members and
because of Mr. Nacchio's good works," he should not have to
serve the full sentence, according to his court filing.
The motion doesn't identify the family members, and Nacchio's
lawyer, John Richilano, couldn't be reached for comment.
The government's sentencing statement said a departure from
guidelines is warranted only where the defendant is the only one
able to provide assistance to a family member.
"The defendant's wife has the time and the resources to take
care of other family members," the statement read.
It also says it is normal for high ranking corporate defendants
to be involved in charity, civic organizations and church
efforts. Nacchio's charitable works were "entirely consistent"
with Qwest's business-development goals.
Nacchio's lawyers contend, however, that he shouldn't have to
pay the $52 million gained in the stock transactions. That
amount would include fees he paid out to complete his sales of
stock and options and $16 million paid in taxes by Qwest on
But the government disagreed with those calculations and said in
its statement that he should pay the full amount.