Nacchio to appeal conviction
By Andy Vuong, Staff Writer
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
- 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
Staff writer Andy Vuong can be reached at 303-954-1209 or