“We are all but finished selecting the jury,” Manhattan state Supreme Court Justice Michael Obus said on Thursday.
The bank consultant who was selected said he did not know Tyco was a client of PricewaterhouseCoopers. His place on the jury went unchallenged by both the defence and the Manhattan district attorney’s office.
Pricewaterhouse has audited Bermuda-based Tyco’s financial statements since 1998, when Price Waterhouse and Coopers & Lybrand, which had the Tyco account, merged. Defence attorneys have said they plan to argue that the $US170 million the two men are accused of stealing from several corporate loan programs was authorised by company auditors.
A PricewaterhouseCoopers partner, Richard Scalzo, was barred from auditing public companies by the Securities and Exchange Commission in August. The SEC said Scalzo issued fraudulent audits after ignoring evidence that Tyco executives were looting the company.
All of the panelists were chosen after a series of closed- door sessions with Justice Obus and lawyers for Kozlowski and Swartz, followed by a formal selection process in open court.