The prosecutor who led the government’s criminal insider-trading case against former Qwest chief executive Joe Nacchio, which resulted in a conviction, has stepped down from the case.
First Assistant U.S. Attorney Cliff Stricklin filed a motion in Denver federal court Friday to withdraw from the case, which is under appeal with the 10th Circuit Court of Appeals.
“As grounds for this motion, the government states that James Hearty is counsel of record in this case and is receiving electronic notice for this case,” the filing states.
Hearty was one of five trial attorneys who prosecuted the case. He presented the case’s opening statement.
Stricklin was the top prosecutor and received high marks for his work. He conducted the direct examination of one of the case’s key witnesses — former Nacchio No. 2 man Afshin Mohebbi. Stricklin also gave the final words to the jury in the rebuttal closing.
“He (Nacchio) chose to cheat in order to make a lot of money. And the only thing that stands between him and that money is you. You have the power to set the standards of justice in this community,” Stricklin told jurors.
Nacchio was convicted in April on 19 counts of illegal-insider trading connected to his sale of $52 million in Qwest stock. He was acquitted on 23 other insider-trading charges.
Nacchio was sentenced to six years in prison.
He remains free on bail pending his appeal. Oral arguments are set for Dec. 18.
Stephan Oestreicher, an appellate attorney from Justice Department’s criminal division in Washington, D.C., is handling the appeal for the government.
Andy Vuong: 303-954-1209 or avuong@denverpost.com
