The jury considering fraud and larceny charges against former Tyco International Ltd. executives L. Dennis Kozlowski and Mark Swartz will have almost 200 pages of Swartz's testimony read back to them today.
On Friday the jury asked to hear testimony by Swartz, Tyco's former finance chief, about two of 13 grand larceny counts he and Kozlowski, the former chief executive, are charged with. They asked to hear Swartz's "direct, redirect, cross and re-cross examinations" on charges that he and his former boss accepted $37.5 million in unauthorized company loan reductions in 1999.
After weighing arguments about that and other jury requests Monday, New York state Supreme Court Justice Michael Obus agreed to allow the jury to hear the Swartz testimony. "I'm not sure they can do the read-back in one day," he said.
Kozlowski, 58, and Swartz, 44, are accused of making $542.4 million by taking unauthorized bonuses in the form of cash, shares and company loan reductions. They're also charged with abusing those loan programs, falsifying business records and misrepresenting Tyco's financial condition to investors.
The two men are on trial for a second time after the first case ended in a mistrial when a juror said she had been threatened.