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Sunday, 03/19/2006 4:12:21 PM

Sunday, March 19, 2006 4:12:21 PM

Post# of 358440
A C.E.O. Who Wouldn't Say 'I Settle'

Published March 19. 2006 6:01AM


By JENNY ANDERSON
New York Times
Sandy, Utah

GARY D. KENNEDY, a 52-year-old former chief executive of a software company, was sitting on a black leather chair in his home office here in Sandy, an affluent suburb of Salt Lake City, beneath a painted portrait of his family. It was 1:15 p.m. on Dec. 15, 2005: he remembers it vividly. His wife, Jane, was standing over the fax machine when she noticed a strange expression on her husband's face. "What is it?" she asked.

Mr. Kennedy hung up the phone, looked up, and told her that the government, which had pursued a securities fraud case against him for more than five years, had decided to drop the charges.

Jane Kennedy, usually a poised and determined woman, collapsed and wept. "It was the first time I'd let myself acknowledge what had happened to us, the hell we had been through," she said.

It was a remarkable moment, not just because Mr. Kennedy had fought the Securities and Exchange Commission for years, but because he had won, just weeks before his trial was set to begin in Salt Lake.

http://www.gadsdentimes.com/apps/pbcs.dll/article?AID=/20060319/ZNYT05/603190373/1011

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