Mark H. Swartz, a co-defendant, will testify in the case, according to his top lawyer.

David Boies and Mark H. Swartz appear to have opposite views of history.

Most of that went to L. Dennis Kozlowski, the former chief executive, and Mark H. Swartz, the former chief financial officer.

Mark H. Swartz has always been a loyal deputy to L. Dennis Kozlowski.

The company's former chief financial officer, Mark H. Swartz, was given until Monday by prosecutors to post his $5 million bail.

Mark H. Swartz, his chief lieutenant, received the same sentence for his role in the thefts and fraud.

Directors at Tyco International forced Mark H. Swartz, its former chief financial officer, to forfeit $91 million in severance pay this summer, for example.

Mark H. Swartz, the chief financial officer, has made at least $180 million in the same period, the S.E.C. filings said.

Mark H. Swartz, his chief lieutenant, was ordered to pay $72 million in fines and restitution.

In an interview, Mark H. Swartz, Tyco's chief financial officer, said recent Tyco disclosures should reassure investors on that issue.