Ex-Tyco execs Kozlowski, Swartz argue appeal
By MICHAEL VIRTANEN, Associated Press Writer
ALBANY, New York (AP) - Defense attorneys urged New York's top court Tuesday to overturn the convictions of former Tyco International executives L. Dennis Kozlowski and Mark Swartz, saying they were wrongly convicted of fraud and grand larceny for taking more than $100 million in earned bonuses.
Prosecutors maintained the men were justly convicted and sent to prison for 8 1/3 years to 25 years for taking unauthorized pay after their 2005 trial. Ordered to repay the bonuses, Kozlowski was also fined $70 million and Swartz $35 million.
Attorney Nathaniel Marmur argued that Tyco directors' early statements to company attorneys should have been allowed into evidence, and not protected from subpoena by attorney-client privilege. They had the potential to show the directors disavowed their earlier approval of bonuses only after prosecution began, he said.
"The key issue was ...


