Former Qwest Communications International Inc. Chief Executive Officer Joseph Nacchio defeated a government bid to introduce evidence at his insider trading trial of a $90 million asset transfer to his wife.

Nacchio, 57, is accused of selling $101 million in Qwest shares in 2001 based on non-public information the company would miss revenue targets.

Prosecutors wanted to introduce evidence he transferred assets, including Qwest shares he owned solely or with his wife, entirely to her in 2002.

The transfer, the U.S. claimed, refutes Nacchio’s argument that he acted in good faith by not selling 90,000 Qwest shares held by his children.

Nacchio faces a maximum sentence of 10 years in prison and a $1 million fine on each of 42 counts against him if convicted.

Nacchio denies the charges, arguing he thought Qwest’s public projections were accurate and that he sold the stock because Qwest’s directors wouldn’t extend options that were due to expire. Bloomberg