Ex-Tyco Execs out of Prison, Face Parole Hearings

(ALBANY, N.Y.) — They face parole hearings soon, but ex-Tyco executives Dennis Kozlowski and Mark Swartz have already left a minimum-security prison in Harlem for steady clerical jobs and overnights in apartments following their headline-grabbing $134 million corporate fraud convictions. Former CEO Kozlowski and ex-chief financial officer Swartz are among 304 inmates in the state’s work-release program, according to prison officials. After a period where they spent nights or weekends back at Lincoln Correctional Facility, they have only had to report in weekly since July. Defense attorneys say the men collectively paid $134 million in restitution to Tyco and $105 million in fines to the state after their 2005 convictions. They were sentenced to 8 1/3-to-25-years in prison for 22 counts of grand larceny, conspiracy, falsifying records and violating business law. “I believe he should be paroled,” said Kozlowski’s attorney, Alan Lewis. He said his client didn’t get any special treatment in getting placed in the work-release program. Kozlowski’s parole hearing, after two recent postponements, is now scheduled for the week of Dec. 2. Attorney Charles Stillman confirmed that Swartz long ago paid all his financial penalties, but he declined to comment further. Swartz’s parole hearing is scheduled for next week. The 53-year-old Swartz has been working as a law office assistant, while 66-year-old Kozlowski is a clerk at a software company. Their lawyers and state officials won’t say exactly where the men are working or living. The Manhattan district attorney’s office, which opposed Kozlowski’s parole bid last year, did not immediately respond to requests for comment Monday. The Tyco chief executive, who became an emblem of corporate excess, and his CFO were prosecuted under then-District Attorney Robert Morgenthau. The release programs are for inmates considered non-violent, with each individual and job approved by a corrections department committee. The panel has authority to reject any work in which the inmate has an opportunity to repeat past crimes. “Technically you’re still an inmate,” corrections spokeswoman Linda Foglia said. “You’re following a strict contract.” The Parole Board concluded in April 2012 that

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