Joe Nacchio’s lawyers could potentially ask for a change of venue, arguing that the former Qwest chief executive will be unable to get a fair trial in Denver because of the publicity surrounding his case, according to legal experts.
The experts also say it is highly unlikely that the judge would approve such a request.
“These motions are common in the high-profile cases, and their success is typically unremarkable,” said Jacob Frenkel, a partner at Rockville, Md.- based law firm Shulman, Rogers, Gandal, Pordy & Ecker who focuses on securities enforcement and white-collar crime.
“If Ken Lay and Jeff Skilling cannot get out of Houston, Joe Nacchio is not getting out of Denver,” said Frenkel, a former federal prosecutor who is not connected to the Qwest case.
In January, a federal judge in Houston denied former Enron CEO Skilling’s request to move his fraud trial and that of former Enron chairman Ken Lay to Phoenix, Atlanta or Denver.
Skilling asserted that too many potential jurors in Houston associated his name with the words “snake,” “pig” and “evil.”
That trial is to begin next month in Houston, where Enron – now in Chapter 11 bankruptcy – is based.
In recent years, several former executives embroiled in high-profile corporate-fraud cases have tried and failed to get their trials moved.
Former WorldCom CEO Bernie Ebbers, convicted this year in New York of securities fraud and other charges, sought unsuccessfully to move his trial to Clinton, Miss., where he founded and built WorldCom into one of the country’s largest telecommunications companies.
Ebbers’ trial was held in New York because prosecutors successfully argued that the company’s stock traded on the New York Stock Exchange.
Nacchio’s attorney could try to get a potential trial moved out of Denver, where Qwest is based and where the company’s financial meltdown occurred.
In a statement Monday, attorneys Herbert Stern and John Richilano said Nacchio “looks forward to vindicating his name in court” but did not reference the venue issue. Neither Stern nor Richilano returned calls for comment.
John Coffee, a law professor at Columbia University in New York who specializes in securities fraud and white- collar crime, cited several reasons why change-of-venue requests are typically unsuccessful:
It is inconvenient for witnesses.
It may present a financial hardship for prosecutors who often work on a relatively small budget compared with the defense in a high-profile case.
The judge may simply not want to give up control of a high-profile case.
Staff writer Andy Vuong can be reached at 303-820-1209 or avuong@denverpost.com.
What’s in a place?
High-profile executives embroiled in corporate scandals who were denied a change of trial venue:
Ken Lay: The former Enron chairman is expected to be tried on fraud and other charges next month in Houston, where the company is based. In November, his lawyers requested that the trial be moved from Houston to another location, such as Denver or Phoenix, because of hometown jury bias.
Jeff Skilling: The former Enron chief executive is also expected to be tried in Houston. In November, Skilling requested that his trial also be moved from Houston to avoid hometown jury bias.
Bernie Ebbers: The former WorldCom CEO was convicted this year of securities fraud, conspiracy and making false statements. The trial was held in New York. He had asked that his trial be held in WorldCom’s hometown of Clinton, Miss.
John Rigas: The Adelphia Communications founder and his sons Michael and Timothy were convicted of conspiracy and securities fraud. The trial was in New York. The company is based in Greenwood Village. Defense attorneys had asked the court for a venue change from Manhattan to Williamsport, Pa., which was closer to the company’s former headquarters in Coudersport, Pa.
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