Appeals court upholds convictions of Tyco executives
Court Alerts
[##_1L|1327262489.jpg|width="120" height="88" alt=""|_##]Their names became shorthand for corporate greed, but former Tyco International Ltd. executives L. Dennis Kozlowski and Mark Swartz have argued they were entitled to the money and perks they were accused of taking. A state appeals court said Thursday it disagreed, upholding the 2005 convictions of ex-CEO Kozlowski and former finance chief Swartz. Their massive theft and purchases of such luxuries as a $6,000 shower curtain came to symbolize corporate excess and cupidity.
"The evidence amply supports the conclusion that defendants took unauthorized bonuses from Tyco in 1999 and 2000," the appeals panel wrote in a 4-0 decision.
Kozlowski, 60, and Swartz, 47, were each sentenced to 8-1/3 to 25 years in prison after being convicted of conspiracy, grand larceny, securities fraud and falsifying business records. Prosecutors say the two amassed $170 million in unauthorized compensation and $430 million through stock manipulation.
The men used the money to finance lavish lifestyles that, in Kozlowski's case, included a $6,000 gold-threaded shower curtain and a $15,000 umbrella stand shaped like a small terrier, according to the prosecution.
Last month, defense lawyers argued before the appellate judges that neither man had taken money _ including bonuses and forgiven loans, money for investments, expensive real estate and personal luxuries _ that he was not due.
During the trial, Kozlowski and Swartz argued that one member of the company's compensation committee had approved some of the bonuses.
But the judges cited testimony showing that all but one compensation committee member had no knowledge of the bonus payments, and that even the defense agreed that only the whole committee had the authority to grant compensation.
The court also noted there was no written record of the payouts in the materials prepared for the compensation committee, and none in the committee's reports to the board.
"The absence of any reference to these transactions in the chain of documentation available to the committee clearly demonstrates defendants' coverup of their thievery," the appellate judges wrote.
Related listings
-
Court orders White House to preserve e-mail backups
Court Alerts 11/13/2007[##_1L|1057074316.jpg|width="180" height="128" alt=""|_##]A federal district court judge issued a temporary restraining order today requiring the Bush administration to safeguard backup media files that may contain copies of millions of White House e...
-
Court Rejects Request From Detainee
Court Alerts 11/13/2007[##_1L|1196720497.jpg|width="120" height="101" alt=""|_##]The Supreme Court on Tuesday refused to consider the case of a Guantanamo Bay detainee fighting U.S. plans to return him to Algeria. Ahmed Belbacha says his life will be in danger from terrori...
-
Supreme Court Could Take Guns Case
Court Alerts 11/10/2007[##_1L|1179536143.jpg|width="131" height="91" alt=""|_##]Supreme Court justices have track records that make predicting their rulings on many topics more than a mere guess. Then there is the issue of the Second Amendment and guns, about which the cou...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.