- Nov 29, 1999
- 16,408
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CNN/Money Link
It may take a while, but justice often does get served. :thumbsup:
NEW YORK (CNN/Money) - Former Tyco CEO Dennis Kozlowski and ex-CFO Mark Swartz were found guilty Friday of looting Tyco of $150 million in one of the biggest wins yet for prosecutors pursuing corporate crime.
Kozlowski, 58, and Swartz, 44, were each found guilty on 22 counts of grand larceny and conspiracy, falsifying business records and violating general business law. They were each acquitted on one count.
A jury of six men and six women returned the verdict after 11 days of deliberations following a trial in a New York State court that lasted over four months.
After the verdicts were read Friday afternoon, Dennis Kozlowski's face was scarlet red and his daughter buried her face in her hands, according to an eyewitness. Swartz' wife appeared to be in shock and Kozlowski's wife was crying.
This was the former executives' second trial -- the first ended in a mistrial in April 2004 after a juror claimed she had received threatening phone calls. The juror was reportedly the only one holding out for an acquittal.
Legal experts said Friday they weren't surprised to see guilty verdicts this time around.
...
After the verdict, the government requested mandatory jail time of 15 to 30 years in state prison.
New York State Supreme Court Judge Michael Obus allowed Kozlowski and Swartz to remain free until their sentencing, which he set for Aug. 2.
The Tyco case differs in key respects from other recent high-profile trials involving once prominent corporate executives.
Former CEOs like Bernard Ebbers of WorldCom, Richard Scrushy of HealthSouth, and Kenneth Lay of Enron are accused of orchestrating massive accounting frauds at their respective companies.
The Tyco scandal did not involve charges of accounting fraud. The trial of Kozlowski and Swartz was about improper use of company funds -- in other words, greed.
Both Kozlowski and Swartz maintained that Tyco's board of directors and its auditors were aware of and authorized the bonuses they received as part of their compensation packages.
Five former Tyco directors testified they never knew of the disputed payments and never approved of them.
Kozlowski and Swartz face time in state prison, which tends to be grittier, with more violent inmates, than the federal system.
It may take a while, but justice often does get served. :thumbsup: