Prosecutors in the case against former Tyco chief executive and chief financial officer, Dennis Kozlowski and Mark Swartz announced on Monday that they will not be seeking to have charges of enterprise corruption reinstated for the retrial of the two men.
Manhattan Supreme Court Justice Michael Obus chose to withhold the charge in order to simplify jury deliberations in the initial trial of the two men earlier this year. Following its collapse in April, the Manhattan District Attorney's office expressed intent to pursue a new prosecution on enterprise corruption grounds.
However, according to the New York Law Journal, in a letter sent to Justice Obus this week, Assistant District Attorney Owen Heimer reasoned that the inclusion of the count in the new case would create "an unnecessary appellate issue in a case where the other counts provide an adequate scope of imprisonment".
"Accordingly, the People withdraw their opposition to the defendants' request to dismiss that count," he concluded.
Kozlowski and Swartz are facing charges of securities fraud, grand larceny, conspiracy and falsifying business records in connection with their years at the helm of the troubled conglomerate, based in Bermuda.
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