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SEC must refile two civil claims against Nacchio
By Associated Press
Rocky Mountain News
Friday, March 31, 2006

A federal judge on Thursday dismissed two claims the Securities and Exchange Commission made in its civil fraud lawsuit against former Qwest Communications CEO Joseph Nacchio but gave the agency two weeks to refile with more specific language.  A claim alleging falsification of accounting records and a second claim alleging Nacchio aided and abetted Qwest's failure to keep accurate records were not adequately argued, U.S. District Judge Marcia Krieger said.

The SEC alleged that Nacchio failed to publicly disclose that Qwest had false and misleading records regarding non-recurring revenue, but its allegations were not enough to argue that Nacchio caused the records to be falsified or aided and abetted in Qwest's keeping of false records, Krieger wrote in her ruling.

Nacchio's lawyers and a spokesman for federal prosecutors did not immediately return phone messages left Thursday afternoon.

Nacchio was one of several former top-level Qwest Communications International Inc. executives accused of orchestrating a financial fraud between April 1999 and March 2002 that allowed Qwest to improperly report about $3 billion in revenue that was later restated.

Krieger refused to dismiss five other claims against Nacchio and SEC claims against other former Qwest executives.

Nacchio also has been charged criminally with 42 counts of insider trading. He has pleaded innocent.,2777,DRMN_23910_4583811,00.html