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In the Courts
En Banc Tenth Circuit Upholds Conviction of Former Qwest CEO
The Tenth Circuit Court of Appeals, after an en banc rehearing, upheld the insider trading conviction of Joseph P. Nacchio, the former CEO of Qwest Communications International, Inc. (“Qwest”). United States v. Nacchio, 555 F.3d 1234 (10th Cir. 2009). In 2007, Mr. Nacchio was convicted, after a District of Colorado jury trial, of 19 counts of insider trading. He was sentenced to six years of imprisonment, two years of supervised release, a $19-million fine, and $52 million in forfeiture.
The defense's principal claim on appeal was that the trial court erred in excluding its expert economist for failure to meet the requirements of Federal Rule of Criminal Procedure 16, and Federal Rules of Evidence 403, 602 and 702. See Nacchio, 519 F.3d at 1150. The court found that the defense's expert disclosure failed to provide sufficient explanation of the expert's methodology and that his testimony would largely be an unhelpful recitation of the facts.
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