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Now we know: telecom kingpin Joe Nacchio believed more than anybody else in his company's future. Yeah, right.

Former Qwest CEO Joseph P. Nacchio, convicted of insider trading charges in April and sentenced to six years in prison, is appealing his conviction, the Journal reports.

Full disclosure here: I reported on Nacchio's shenangans at Qwest for Fortune in 2003, so I'm not unhappy to find the Joe Nacchio saga come to a conclusion with some kind of justice (read: see Nacchio go to jail). Still, the details of the Nacchio prosecution in some ways made me wary. The government's theory that a CEO is subject to insider trading charges for witholding or misrepresenting material information--the same principle applied to Ken Lay and Jeff Skilling at Enron is an aggressive one, and stretched irresponsibly can put a lot of CEOs in jeopardy for statements that are merely optimistic.

Nonetheless, any qualms I might have had evaporated when I read this startling bit of revisionism in Nacchio's appeal:

Many shareholders lost paper fortunes, employees lost jobs as the company downsized, and all demanded someone to blame. That person, it turned out, was the man who built Qwest into a telecommunications giant, and who, despite the vicissitudes of the stock market and the economy, believed more than anyone else in the company's future.

Let's unpack this. First, "the man who built Qwest into a telecommunications giant." This is preposterous. Qwest still exists for one reason only: Nacchio was sufficiently savvy to use Qwest's vastly over-hyped and inflated stock to buy the Baby Bell US West, a real telecommunications giant. The business that Nacchio built--Qwest's original wholesale telecom business--was a mirage, kept going only through a series of deals in which Qwest signed contracts to buy services from companies that repaid the favor by buying from Qwest, creating the illusion of real revenues. Without the US West purchase, Qwest would have gone bankrupt just like the similar Global Crossing.

Second, there's that "believed more than anyone else in the company's future." Now you can't really quantify belief ... oh, sorry, you can. A good way to do it is to look at how much stock a CEO sells in the company he runs. Some CEOs sell a little stock. Some, and these are the CEOs who believe in their companies "more than anybody else," buy stock in their companies. Joe Nacchio wasn't one of them. Before Qwest's stock went through the floor, Nacchio managed to sell enough stock to put $260 million in the bank. He sure didn't believe in Qwest as much as the investors who were taking that stock off his hands.

Maybe those investors should have watched what he was doing instead of what he was saying. But the fact that in the telecom frenzy Nacchio managed to fool people into thinking that a CEO might "believe" in his company while frantically "diversifying" his portfolio out of its stock isn't a good reason to fall for the same tired line now.

(Thanks to the Journal for posting the full text of the appeal.)

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  • 1

    Your article is full of half truths and misstatements.
    If you follow the facts you will see that Joe Nacchio requested an extension on option did not get it and then announced his intention to sell stock on options that were expiring.
    He refused to sell any stock below 38 per share and still had several million shares that he could have sold but did not.
    All these trades were done with the full approval of the audit committee and the General Counsel, Drake Tempest. It was the responsibility of Tempest to open and close the trading window. He approved every trade and had the exact information everyone else, including Nacchio, had.
    This is nothing but payback from the Government because he refused to turn over telephone recods to the NSA.
    Drake Tempest is the one who should be indicted.

    Matthew

  • 2

    "The business that Nacchio built--Qwest's original wholesale telecom business--was a mirage...creating the illusion of real revenues."

    This is a total lie!

    Nacchio worked hard to bulid a valuable company. He created shareholder value, which is a product within itself. Qwest was a innovative company that fell victim of being too successful too fast. Any time investors pour their money into a company and get a good return, things are fine. As soon as some trouble comes around, those same shareholders run like they are being chased by wolves. I think that the shareholders themselves should be prosecuted for creating and destroying a company that was dedicated to helping America become a greater nation. Those shareholders cost the workers at Qwest their jobs and did much more damage than Nacchio could have ever dreamed of doing.
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    "Maybe those investors should have watched what he was doing instead of what he was saying."

    Greedy, selfish, and heartless investors do not care what happens behind the scenes as long as there is a return on investment. I think that a portion of shareholders' profits should be put into a fund to support workers that may face massive layoffs in the future. This would help out the poor workers that get cheated out of their jobs, their retirement money, and their benefits.

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