Nacchio ordered to appear in court in Denver
By Andy Vuong
April 12, 2010
Joe Nacchio could soon be back in
A federal judge has ordered the imprisoned former Qwest chief
executive to appear in U.S. District Court in
In a ruling issued today, U.S. District Judge Marcia Krieger said she wants Nacchio to be transported "at the earliest possible time," though a date for the hearing has not been set.
Nacchio began serving a six-year prison term for illegal
insider trading at a federal prison camp in
In July, an appeals court panel ordered a new sentence for Nacchio, ruling that the trial judge erred during the initial sentencing.
The re-sentencing has been split into two parts, with the first phase scheduled for April 21. Krieger said she may conduct both phases in June if the U.S. Marshall's service is unable to make arrangements for Nacchio to appear in court before April 21.
Nacchio's attorney, Sean Berkowitz, didn't respond to an email seeking comment.
In March, Berkowitz indicated in a court filing that Nacchio would waive his right to appear at the re-sentencing. The Justice Department objected, stating that having Nacchio present would help achieve some of the goals of sentencing, such as "promoting deterrence."
Krieger acknowledges that Nacchio has the right to waive his appearance at the re-sentencing. But she wants to make sure that the waiver is "both informed and voluntarily made."
Krieger cited several reasons for requiring Nacchio to appear in court, including the fact that he has changed attorneys since the initial sentencing and that he is currently incarcerated.
She said "it is not clear whether, or to what degree, his detention has affected his desire to waive his right to be present at re-sentencing."
Krieger also notes that the re-sentencing will be conducted by a different judge. The trial judge, Edward Nottingham, has since resigned.
Nacchio was convicted in 2007 on 19 counts of illegal insider trading connected to his sale of $52 million in Qwest stock. In addition to the six-year prison term, he was ordered to pay $71 million in fines and forfeitures.