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Financial Felon? Joseph Nacchio

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This post is part of a feature in which we wonder whatever happened to some notorious financial figures. See the other 17.

As Wall Street implodes around us, the word "hubris" is getting tossed around quite a bit. Hubris -- also known as excessive, overweening pride -- has become the catchall explanation for most of the market's ills. Our financial system has gone up in flames, we're told, simply because so many CEOs and regulators thought they were too smart to fail, no matter how highly leveraged their subprime mortgage portfolios may have been.

Assuming this is true, let's call Joseph Nacchio a trendsetter. As the chief executive of Qwest Communications International (NYSE: Q), Nacchio was determined to construct the world's biggest, best, and most totally awesome fiber-optic network. (Mind you, this was back in the late '90s, when the telecom bubble was just a glimmer in the market's eye.) However, the plucky CEO was driven not by a personal commitment to excellence, but rather by spite.

Nacchio left his old job at AT&T (NYSE: T) because he wasn't granted a plum promotion to president, which he felt he so richly deserved. What better way to show up his former employer than to build a superior network and steal away market share?

Unfortunately, Nacchio's impure motivations were not the best recipe for success. To give you some idea as to how his plans for world telecom domination played out, check out this blog entry I wrote about Qwest and Joseph Nacchio as part of our series on the worst S&P 500 stocks of the past 25 years.

In his haste to attain greatness, Nacchio committed a few tactical blunders -- including erratic M&A maneuvers that left shareholders uneasy. The icing on the felonious cake, though, came in 2001, when Qwest struck a deal with Enron (yes, that Enron). Both companies were facing the prospect of ugly earnings reports, and so the enterprising duo agreed to swap fiber optic network capacity for services in a deal valued at $500 million.

By this time in U.S. history, the telecom bubble had already sprung a terminal leak, and the market was choking on a glut of fiber optic capacity. As such, the Qwest deal raised a few eyebrows when it came to light, months after the fact, during the course of Enron's bankruptcy proceedings. The New York Times reported in March 2002 that company executives, including Nacchio and Enron chief Jeffrey K. Skilling, "ponder[ed] how to account for the deal so that each would gain accounting benefits and improve its quarterly earnings report." Just a few months later, Nacchio was going by the title of "ex-CEO of Qwest."

And so, in April 2007, the hard-charging exec was convicted of 19 counts of insider trading, and acquitted of 23 more. (Apparently, the government used to prosecute unethical CEOs who engaged in fraudulent behavior.) It was a moral victory for the citizens of Denver; the Washington Post observed that Nacchio's colossal mismanagement of Qwest cost the city "thousands of jobs and millions of dollars in retirement savings."

However, Nacchio's propensity for finding trouble just might be matched by his ability to dodge the consequences. Denver's 10th Circuit Court of Appeals overturned his conviction in March 2008 after finding that the exclusion of testimony by expert witness Daniel Fischel unfairly skewed the case. One dissenting judge argued that the omission of Fischel's remarks was the failure of Nacchio's own defense team, and the conviction should stand.

In an interesting turn of events, it appears that Nacchio's extreme case of hubris might be communicable. Edward Nottingham, who presided over the ex-CEO's insider trading trial, stepped down from the bench in October after a number of complaints were lodged against him. The former Chief Judge of the 10th Circuit is accused of soliciting prostitutes, using a court-owned cell phone to call said prostitutes, asking the aforementioned prostitutes to lie to federal investigators, and improperly parking in handicapped spaces. Nottingham is now the subject of a criminal investigation by the U.S. Department of Justice.

Elizabeth Harrow is an analyst and financial writer in the research department at Schaeffer's Investment Research. She is featured in the video series Schaeffer's Daily Q&A on SchaeffersResearch.com.

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Last updated: November 25, 2009: 05:08 AM

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