Denver – U.S. District Judge Edward Nottingham today disclosed his courtroom rules for the sentencing of former Qwest chief executive Joe Nacchio, who was convicted on 19 counts of illegal insider trading in April.
Nacchio’s sentencing is scheduled to begin at 9 a.m. on July 27.
“No conversations or gestures that would disrupt the proceedings or distract jurors or witnesses are permitted,” Nottingham wrote in his order, filed today in U.S. District Court in Denver.
Media coverage during Nacchio’s month-long trial was intense, and the courtroom was packed on several occasions.
Nottingham has reserved 22 spaces for the media. Public seating will be provided on a first-come, first-served basis. There will be an overflow room with a live video feed.
The rules are similar to his guidelines for the trial, which went from March 19 to April 19. A jury acquitted Nacchio on 23 counts of illegal insider trading and convicted him on 19 others.
The government has recommended Nacchio serve seven years and three months in prison, pay $19 million in fines and forfeit $52 million in ill-gotten gains. Nacchio’s attorneys have asked for a “downward departure” on his sentence because of “extraordinary circumstances concerning the effect that a lengthy period of incarceration will have on the health and potentially life expectancy of two of his immediate family members.”
The family members haven’t been identified, but during trial Nacchio’s attorneys said one of his sons was emotionally ill.
Nacchio’s attorneys have also said he should be required to forfeit no more than $1.8 million, which is the amount a defense expert has said Nacchio gained from selling on the basis of material inside information.
Staff writer Andy Vuong can be reached at 303-954-1209 or avuong@denverpost.com.
