The Tyco Trial

Paper Summary:

This paper discusses the Tyco trial in which the defendants were charged with enterprise corruption in violation of Penal Law 460.20(1)(a). The paper explains that this was done by creating and participating in a criminal enterprise, the sole purpose of which was to obtain money by theft and fraud from Tyco. In addition, the defendants were charged with larceny.

From the Paper:

"To prove the enterprise corruption charge, the government had the burden of establishing that the defendants created and operated a criminal enterprise, falsified records, concealed and distorted information, and bribed others in order to further the goals of their criminal operation. The government had to prove the structure of the criminal enterprise, including that Kozlowski was the boss of the enterprise and had actual control over it. Furthermore, the government had to establish that Kozlowski used Tyco's treasury to pay his personal bills. The government had to prove that Swartz exercised actual control over the transfer of funds and caused Tyco's filings with the United States Securities and Exchange Commission to be false and misleading.
To prove the larceny charge, the government had to prove that the defendants misappropriated funds from Tyco."

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