AUSWR
The Association of U S West Retirees
 

 

 

Nacchio to appeal conviction
By Andy Vuong, Staff Writer
Denver Post
Satuday, August 11, 2007

Former Qwest chief executive Joe Nacchio formally notified a federal court today of his plans to appeal his conviction on 19 counts of illegal insider trading.

Nacchio's appellate attorney Maureen Mahoney filed a notice of appeal with the U.S. District Court in Denver.  The appeal will be heard by the nearby 10th Circuit Court of Appeals.

Mahoney has already filed an appeal of Judge Edward Nottingham's denial of Nacchio's request to remain free on bail during the appeal of his conviction.

Nacchio, 58, was sentenced July 27 to six years in prison for illegally selling $52 million in Qwest stock in April and May 2001.  Nottingham also ordered him to pay $19 million in fines and forfeit the $52 million.

If his appeal on the bail issue is denied, Nacchio has to report to prison 15 days after the Federal Bureau of Prisons' designates a facility for him.  Such a designation can take 30 to 45 days from the date of sentencing.

Issues Nacchio's attorneys have said they plan to raise during the appeal include:

-   Nottingham's jury instructions on materiality, intent and good faith.

-   Nottingham's decision to exclude defense expert testimony from professor Daniel Fischel.

-  Their belief that evidence presented during trial was insufficient to convict Nacchio.

-  Nottingham's rulings related to Nacchio's classified-information defense.

Staff writer Andy Vuong can be reached at 303-954-1209 or avuong@denverpost.com.

http://www.denverpost.com/breakingnews/ci_6594171