Howard, who had been the unit's finance chief, and four other broadband executives were first tried in 2005. Their trial ended in a hung jury.
Howard and former in-house accountant Michael Krautz were retried in 2006. Howard was convicted while Krautz was acquitted.
In January 2007, U.S. District Judge Vanessa Gilmore in Houston threw out Howard's convictions, ruling prosecutors had used a faulty legal theory. A federal appeals court in February 2008 upheld her decision.
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