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A former senior executive at embattled Tyco International Inc. on Wednesday sued the company for more than $9 million, saying he has been bilked out of severance pay since being fired. Richard D. Power, a vice president and one-time chief financial officer at Exeter, N.H.-based Tyco over the last 20 years, was fired in June as the company reorganized its executive ranks following the scandal that enveloped its chief executive officer, L. Dennis Kozlowski. Kozlowski has been indicted for state sales-tax evasion on millions of dollars of art purchases. According to Power’s federal lawsuit filed in the Southern District of New York, he briefly left Tyco in 1999 to consider other business opportunities and was convinced to return by Kozlowski. Power and Kozlowski agreed during a phone conversation that in the event of termination, Power would receive the greater of $1.5 million or twice his salary and bonus from the previous year, according to the suit. In addition, all of his restricted stock options would vest immediately. The suit says Power confirmed the agreement with Tyco’s human resources department and gave them a copy of a fax sent to Kozlowski that included the terms. Power earned a salary of $456,250 in 2001 and received a $4.2 million cash bonus. In total, the suit said, Power should receive double his total earnings of $4,656,250. When he was fired in June, he was offered severance that did not meet the agreed-upon terms, the suit said. Gary Holmes, a spokesman for Tyco, said the company had not seen the suit and declined to comment. Since Kozlowski’s indictment, Tyco has hired a new CEO, former Motorola president and CEO Edward D. Breen. At a hearing in Manhattan Supreme Court Wednesday, Kozlowski’s lawyer, Stephen Kaufman, said the former CEO would seek to dismiss the tax evasion charges. Kaufman said he will ask Supreme Court Justice Michael Obus to dismiss the tax case, adding that Kozlowski is the first buyer to face sales-tax evasion charges in New York. “It’s unique,” Kaufman said outside of court. Since the Kozlowski scandal broke, Tyco has announced several suits of its own, including one against its former chief counsel, Mark A. Belnick, who allegedly received $35 million in compensation not approved by Tyco and allegedly obstructed an internal investigation. The company has also sued former board member Frank E. Walsh, who the company said arranged an unauthorized $20 million finder’s fee in connection with one of Tyco’s acquisitions. Power’s suit is before Southern District Judge Peter K. Leisure. The Associated Press contributed to this report.

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