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Judge denies ex-CA chief Kumar a cut in prison term

Sanjay Kumar, former chief executive officer of Computer

Sanjay Kumar, former chief executive officer of Computer Associates, arrives for sentencing at Brooklyn Federal Court in Brooklyn, New York. (November 2, 2006) Credit: BLOOMBERG

A federal appeals court Thursday denied former CA Inc. chief executive Sanjay Kumar's appeal for a reduction in his 12-year prison sentence in a $2-billion criminal accounting scandal.

Kumar claimed the lower court sentence had not properly credited him for accepting responsibility and pleading guilty.

However, the U.S. Court of Appeals for the Second Circuit in Manhattan ruled Thursday Kumar's guilty plea was eclipsed by his earlier conduct as he "tampered with physical evidence, bribed witnesses, and lied repeatedly during the course of a federal investigation."

Kumar's sentence was imposed in 2006, and he was also ordered to pay $798 million in restitution in the scheme to inflate profits by backdating sales at the Islandia software company. He pleaded guilty to several counts of conspiracy, securities and wire fraud, obstruction of justice and perjury.

The Manhattan court also affirmed the conviction of another, lower-level company employee, Stephen Richards, who was sentenced to 7 years in prison for his role in the scandal. But it ordered the lower court to resentence Richards, saying he should have been given more credit for his acceptance of responsibility.

The two executives varied in their level of acceptance of guilt, the court ruled. "Kumar, individually and separately from Richards, acted in ways that the district court reasonably found to be inconsistent with a full acceptance of responsibility."

The inmate directory Thursday at the federal medium-security men's prison in Fairton, N.J., shows Kumar's date of release as Jan. 25, 2018.

Lawyers for Kumar and Richards could not immediately be reached for comment Thursday.

In conclusion, the court ruled, "the district court's judgment and sentence as to Kumar is affirmed in all respects; the district court's judgment as to Richards is affirmed, but Richards's sentence is vacated and remanded to the district court for resentencing consistent with this opinion."

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