NEW YORK (Bloomberg) ? Tyco International Ltd.?s directors never approved millions of dollars in bonuses that ex-chief executive L. Dennis Kozlowski and his finance chief are accused of stealing, a former company executive testified.

Mark Foley, a former Tyco senior vice president of finance, reviewed a series of board compensation committee documents presented at the retrial of Kozlowski and ex-finance chief Mark Swartz in New York yesterday. None of the documents, which included compensation summaries, mentioned the payment of the disputed bonuses Kozlowski or Swartz.

?Does this summary state anywhere that L. Dennis Kozlowski got over $16 million in November of 2000 or at any time in fiscal 2001?? prosecutor Marc Scholl asked. ?No,? Foley answered.

Swartz, 44, and Kozlowski, 58, are accused of giving themselves and others $150 million in unapproved payments and of defrauding shareholders by inflating Tyco stock.

The two got their bonuses without the necessary knowledge or consent of the board, the only group authorised to set their pay, prosecutors say. The men are being retried after their first trial ended in a mistrial in April.

Foley, a government witness in his fifth day on the stand, said he knew of no documents presented to the compensation committee that recorded the payments or of any documents created by the committee that approved them.

Defence attorneys argue that their clients had no intention of hiding the bonuses from the board and point to documents provided to the company?s auditors listing the recipients of the disputed bonuses.

?And that included Dennis Kozlowski?? defence attorney James DeVita asked. ?Yes,? Foley answered.

Kozlowski presided over more than $64 billion of acquisitions in the last five years of his decade as chief executive, building the company into the world?s biggest maker of electronic connectors, industrial valves, plastic hangers and security systems.

The defendants face 31 criminal counts of grand larceny, conspiracy, falsifying business records and securities fraud.

The most serious charge, grand larceny, carries a possible 25-year sentence.