Corporate Governance

Criminal Proceedings

Unless noted, all documents are in PDF format.

09/07/2000 – Qwest Current Report on Form 8-K, Sept. 7, 2000 »

12/2005 – Nacchio Indictment »

12/20/2005 – Order Setting Conditions of Release »

01/17/2006 – Memorandum Brief by the United States Concerning Classified Information Procedure Act »

02/10/2006 – Motion for Dismissal of Indictment »

02/24/2006 – Government’s Response to Defendant’s Motion to Dismiss the Indictment »

04/10/2006 – Government’s Bill of Particulars »

05/15/2006 – Section 5 CIPA Submission on Behalf of the Defendant »

09/11/2006 – Supplement to Government’s Bill of Particulars »

10/24/06 – First Memorandum Opinion and Order Pursuant to Section 6(a) of the Classified Information Procedures Act »

back to top


 

02/07/2007 – Supplemental Juror Questionnaire »

02/07/2007 – Letter from Judge Nottingham Attaching Supplemental Juror Questionnaire »

02/27/2007 – Defendant’s Motion to Exclude Proposed Government Expert Testimony »

02/27/2007 – US’ Response to Defendant’s Motion to Exclude Proposed Government Expert Testimony »

02/28/2007 – Motion for Disclosure of Names of Witnesses Who Can Verify the Information Provided in the Summary Report Produced by the Government »

02/28/2007 – US Opposition to Ds Motion for Disclosure of Names and Witnesses »

03/2007 – Rules of Order for Trial »

03/13/2007 – US’ Motion for Proper Expert Disclosure by Defendant Regarding Daniel Fischel »

03/15/2007 – Motion for Forthwith Status Hearing Based Upon Recent Prejudicial Pretrial Publicity »

03/15/2007 – Exhibit A (Pretrial Publicity) »

back to top


 

03/15/2007 – Order Denying Motion for Forthwith Hearing »

03/15/2007 – Reply to US’ Response to Motion to Exclude Proposed Government Expert Testimony »

03/16/2007 – Evidentiary Order Concerning So-Called Backdating Evidence »

03/16/2007 – US’ Motion for Clarification of the Court’s March 16 Evidentiary Order Concerning So-Called Backdating Evidence »

03/18/2007 – Defendant Witness List (Defendant) »

03/18/2007 – Order and Memorandum of Decision; GRANTING in PART and DENYING in PART the Motion for Proper Expert Disclosure by Defendant Regarding Daniel Fischel »

03/19/2007 – Reply to US’ Response to Motion for Forthwith Hearing »

03/20/2007 – US’ Response to Defendant’s Motion for Forthwith Hearing »

03/20/2007 – Exhibit 1 (US’ Response to D’s Motion for Forthwith Hearing) »

03/20/2007 – Opening Arguments (Transcript) »

03/20/2007 – Government Witness List (Case in Chief – Main) »

back to top


 

03/21/2007 – Defendant’s Motion to Exclude Testimony by Analysts and Purported Victims »

03/22/2007 – Defendant’s Motion Regarding Jury Voire Dire »

03/22/2007 – Order and Memorandum of Decision; GRANTING Motion to Exclude Expert Testimony »

03/26/2007 – Mistrial Motion »

03/26/2007 – Motion to Strike Testimony of Sally Anderson, for a Mistrial in the Alternative, and to Exclude Further Investor Testimony »

03/27/2007 – US Response to Motion to Strike Testimony of Sally Anderson »

04/01/2007 – Exhibit A Relating to Motion for Mistrial on the Basis of the Exclusion of Exhibit A-1031 or Proper Examination Relating Thereto »

04/01/2007 – Motion for Mistrial on the Basis of the Exclusion of Exhibit A-1031 or Proper Examination Relating Thereto »

04/01/2007 – Motion to Strike Testimony of David Weinstein Related to Character Evidence, or, in the Alternative, for Mistrial »

04/03/2007 – Exhibit 1 – US’ Motion to Exclude Testimony by Daniel Fischel »

back to top


 

04/03/2007 – Exhibit 2 – US’ Motion to Exclude Testimony by Daniel Fischel »

04/03/2007 – US’ Motion to Exclude Testimony by Daniel Fischel »

04/03/2007 – US’ Response to Motion to Strike Testimony of David Weinstein »

04/03/2007 – Government’s Response to Motion for Mistrial on Basis of Excluded Document »

04/03/2007 – Government’s Response to Motion to Redact »

04/03/2007 – Government’s Response to Motion to Strike Testimony of David Weinstein »

04/04/2007 – Government’s Response to Motion to Strike Character Evidence »

04/05/2007 – Trial Transcript, April 5th, 2007 »

04/08/2007 – Motion to Permit Expert Rebuttal of, or, Alternatively, to Strike, Opinion Testimony by Witnesses Johnstone and Khemka »

04/08/2007 – Motion to Reconsider Order Requiring the Defense to Call a Witness in order for Exhibit A-1031 to be Admissible »

back to top


 

04/08/2007 – US’ Motion to Exclude Certain Testimony and Evidence to be Offered by Daniel Fischel »

04/08/2007 – Response to US’ Motion to Exclude Certain Testimony and Evidence to be Offered by Daniel Fischel »

04/09/2007 – US’ Opposition to Defendant’s Motion to Permit Expert Rebuttal of, Johnstone and Khemka »

04/10/2007 – Jury Instructions – First Set »

04/10/2007 – Jury Instructions – Second Set »

04/10/2007 – Transcript of Closing Arguments (first day) »

04/11/2007 – Transcript of Closing Arguments (2nd day – part 1) »

04/11/2007 – Transcript of Closing Arguments (2nd day – part 2) »

04/12/2007 – Defendant’s Reply Trial Brief »

04/12/2007 – Defendant’s Trial Brief »

back to top


 

04/12/2007 – US’ Response to Defendant’s Trial Brief »

04/13/2007 – US’ Memorandum Regarding Potential Forfeiture Issues »

04/20/2007 – Order Concerning Pre-Sentence Investigation »

04/20/2007 – Order Concerning Sentencing »

04/26/2007 – Government’s Motion for Entry of Money Judgement »

04/26/2007 – Motion by Joseph P. Nacchio for Discolsure of Jury Questionnaires »

05/07/2007 – Reply by Nacchio to Response on Motion for Disclosure of Jury Questionnaires »

05/07/2007 – US Response to Motion by Nacchio for Disclosure of Jury Questionnaires »

05/08/2007 – Defendant’s Partial Response to Motion for Entry of Money Judgment »

05/18/2007 – US Motion to Freeze Assets of Joseph Nacchio »

back to top


 

05/22/2007 – Order Concerning Juror Qualification Questionnaires »

05/25/2007 – Order Concerning Defendant’s Fifth Submission Under Section 5 of CIPA »

05/31/2007 – Defendant’s Additional Requests to Charge, Filed May 31, 2007 »

05/31/2007 – Defendant’s Additional Requests to Charge »

05/31/2007 – Defendant’s Response to Government’s Objections to Defendant’s Additional Requests to Charge, Filed May 31, 2007 »

05/31/2007 – Joint Motion to Add to the Docket »

05/31/2007 – Stipulated Jury Instructions, Filed May 31, 2007 »

05/31/2007 – US Proposed Disputed Jury Instructions, Filed May 31, 2007 »

05/31/2007 – US Trial Brief, Filed May 31, 2007 »

06/04/2007 – Defendant’s Motion for a Judgment of Acquittal »

back to top


 

06/04/2007 – Joint Stipulation »

06/04/2007 – Joint Stipulation, Exhibit »

06/04/2007 – Stipulation Exhibit »

06/04/2007 – Motion by Joseph P Nacchio for New Trial and Change of Venue, Exhibit 1, Part 8 »

06/04/2007 – Motion by Joseph P Nacchio for New Trial and Change of Venue, Exhibit 2 »

06/04/2007 – Motion by Joseph P Nacchio for New Trial and Change of Venue, Exhibit 3 »

06/04/2007 – Motion by Joseph P Nacchio for New Trial and Change of Venue, Exhibit 4 »

06/04/2007 – Motion by Joseph P Nacchio for New Trial and Change of Venue, Exhibit 5 »

06/04/2007 – Motion by Joseph P Nacchio for New Trial and Change of Venue »

06/26/2007 – Motion by the United States Concerning the Rights of Crime Victims »

back to top


 

06/28/2007 – Response to Motion of the United States Concerning the Rights of Crime Victims »

07/06/2007 – Motion for Downward Departure »

07/06/2007 – Response to Motion of US for Entry of Money Judgment »

07/06/2007 – United States’ Sentencing Statement »

07/17/2007 – United States’ Reply in Support of Motion for Money Judgment »

07/18/2007 – Rules of Order for Sentencing »

07/2007 – United States Reply in Support of Motion for Money Judgment »

07/20/2007 – US Motion for Issuance of Subpoena »

07/23/2007 – Entry of Appearance on Behalf of Defendant Nacchio »

07/23/2007 – Motion by Joseph P Nacchio for Leave to File Sur-Response to the Reply of the US »

back to top


 

07/23/2007 – Motion by Joseph P. Nacchio for Bail Pending Appeal »

07/23/2007 – Order Denying US Motion Regarding Victims »

07/23/2007 – Reply by US in Support of Motion for Issuance of Subpoena »

07/23/2007 – Response by Nacchio to the Motion by the US for Issuance of Subpoena »

07/23/2007 – Sur-Response to the Reply of the United States »

07/23/2007 – US Response to Defendant’s Arguments Regarding Gain Calculation »

07/27/2007 – Order and Memorandum of Decision »

07/27/2007 – Sentencing Hearing, Joe Nacchio, before the Honorable Judge Nottingham »

07/30/2007 – Memorandum of Sentencing Hearing »

08/09/2007 – Unopposed Nacchio Motion to Stay Fine »

back to top


 

08/09/2007 – Order Staying Fine »

08/14/2007 – US v. Nacchio, Trial Court Docket »

08/17/2007 – Denver Post’s Motion for Release of Redacted Transcripts »

08/22/2007 – Order, US v. Nacchio, US Court of Appeals, 10th Circuit »

09/17/2007 – US Response to Request for Denver Post for Release of Redacted Transcripts »

09/19/2007 – Defendant’s Response to Request for Denver Post for Release of Redacted Transcripts »

10/09/2007 – Appellants Opening Brief, US v. Nacchio »

10/16/2007 – Amicus Brief in Support of Defendant-Appellant (National Association of Criminal Defense Lawyers) »

10/17/2007 – Amicus Brief in Support of Defendant-Appellant (Washington Legal Foundation »

11/09/2007 – Prosecution Reply Brief, US v. Nacchio »

back to top


 

11/20/2007 – Nacchio Trial Defense Appellate Reply Brief »

02-25-08 – US v. Nacchio, 07-1311, 10th Cir., En Banc »

03-08 – Petition for Writ of Certiorari, Nacchio v. US, No. **** »

4/30/08 – Petition for Rehearing En Banc, US v. Nacchio, 07-1311 »

5/15/08 – Appellant’s Opposition to the Petition for Rehearing En Banc, US v. Nacchio, no. 07-1311, 10th Cir. »

7-30-08 – US v. Nacchio, No . 07 -1311, (en banc) »

8-29-08 – Appellant’s Supplemental Brief, US v. Nacchio, Tenth Circuit »

8-29-08 – Supplemental En Banc Brief for the US, US v. Nacchio, 10th Circuit »

9-02-08 – Protocol for En Banc Hearing, US v. Nacchio, No. 07-1311, Tenth Circuit »

9-15-08 – Appellant’s Supplemental Reply Brief, US v. Nacchio, no. 07-1311, 10th Cir. »

9-15-08 – Appendix, Reply Supplemental for the US, US v. Nacchio, no. 07-1311, 10th Cir. »

9-15-08 – Reply Supplemental for the US, US v. Nacchio, no. 07-1311, 10th Cir. »

back to top


 

3-5-09 – Defendant’s Motion for New Trial, US v. Nacchio, 05-cr-00545 MSK »

2-07-09 – Order Granting Motion for Reconsideration, US v. Nacchio, 05-cr-00545 MSK »

4-09-09 – Order to Surrender in lieu of Transportation by the US Marshal, US v. Nacchio, 05-cr-00545 »

4-09-09 – Response by United States to Defendant’s Motion for New Trial, US v. Nacchio, 05-cr-00545 MSK »

4-2009 – Brief of Amicus Curiae Chamber of Commerce of the United States of America in Support of the Petitioner, Nacchio v. US, 08-1172, Supreme Court »

4-2009 – Brief of the National Association of Criminal Defense Laywerss and the New York Council of Defense Laywers as Amici Curiae in Support of Petitioner, Nacchio v. US, No. 08-1172, US Supreme Court

4-29-2009 – Brief for the United States in Opposition, Nacchio v. United States, 08-1172, S. Ct.

1-12-2010 – U.S. v. Naccio, Order Denying Defendant’s Motion for New Trial, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2010)

back to top


 

11-2-09- DEFENDANT’S BRIEF REGARDING THE SCOPE OF RESENTENCING, U.S. v. Nacchio, No. 05-cr-00545-MSK (D. Colo. Nov. 2, 2009)

1-12-10- Exhibit 2 Statement of Government’s Expert, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2010)

1-12-10- Exhibit 4 Expert Testimony for Defendant Nacchio #1, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2010)

1-12-10- Exhibit 4 Expert Testimony for Defendant Nacchio #2, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2010)

1-12-10- Exhibit 4 Expert Testimony for Defendant Nacchio #3, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2010)

1-12-10- JOINT STATEMENT REGARDING SENTENCING PROCEDURES, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2009)

1-12-10- Nacchio Sentencing Statement, U.S. v. Nacchio, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2010)

12-18-09- Order on Rescheduling, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Dec. 18, 2009)

11-17-09- REPLY BRIEF BY THE UNITED STATES REGARDING THE PROPER SCOPE OF RESENTENCING, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Nov. 17, 2009)

1-12-10- SENTENCING STATEMENT BY THE UNITED STATES REGARDING GAIN AND FORFEITURE, U.S. v. Nacchio, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2010)

back to top


 

1-12-10- Rebuttal Report of Anjan v. Thankor, Submitted by U.S. Government, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2010)

1-12-10- CORRECTED REPORT OF ANJAN V. THAKOR, U.S. v. Nacchio, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2010)

1-12-10- Corrected Report of Daniel R. Fischel, Submitted by U.S. Government, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Jan. 12, 2010)

3-3-10- Defendant’s Notice of Intent to Waive his Rigt to be Present at Resentencing, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Mar. 3, 2010)

3-15-10- Objection by USA as to the Defendant’s Request Not to Attend His Hearing, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Mar. 15, 2010)

3-19-10- Defendant’s Reply to Objection by the US to Defendant’s Waiver, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Mar. 19, 2010)

4-13-10- Order Regarding the Defendant’s Request Not to Attend His Hearing, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Apr. 13, 2010)

04-15-10- Order Denying Motion for Reconsideration, U.S. v. Naccio, No. 05-cr-00545-MSK (D. Colo. Apr. 15, 2010)

 

back to top

 

Sturm College of Law
University of Denver
2255 E. Evans Avenue
Denver, CO 80208