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To convict Joe Nacchio of illegal insider trading, the jury had to find beyond a reasonable doubt:

  • That Nacchio was an “insider” at Qwest.
  • That Nacchio was aware of “material” information about Qwest or its securities.
  • That the information Nacchio was aware of was nonpublic.
  • That Nacchio sold Qwest stock “on the basis of” the material, nonpublic information.

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