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The Full version of USA Weekly News
 Conrad Black A Closer Look Page
 is now available at


http://www.usaweekendnews.com/Conrad_Black_Closer_Look.html

http://www.usaweekendnews.com/ConradBlackACloserLookP2.html








From
July 14, 2007

The case against Conrad Black

Conrad Black was cleared of the most serious charge, racketeering, but still faces a long jail term

Conrad Black was cleared of the most serious charge, racketeering, but still faces a long jail term

Lord Black’s fraud trial gave the world a glimpse into the lavish lifestyle of a press baron who even his own lawyer described as “different from you and me”.

Jurors heard about Black’s $4.6 million renovation of his Park Avenue flat, his $62,000 surprise 60th birthday for his wife at New York’s La Grenouille restaurant, and their trip together aboard the company G4 jet to the Pacific island of Bora Bora.

By the end of the 14-week trial the glitter had worn off. His fellow company director, Henry Kissinger, never came to the witness stand and the property mogul Donald Trump failed to make a much-anticipated appearance.

Prosecutors dropped plans to use a disc of 11,000 “marital e-mails” between Black and his wife.

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The guts of the often-complex case was $14.8 million that Black received in so-called “non-compete” fees as the publicly-traded US company Hollinger International sold off its assets from 1998-2001.

“The Non-Competes" - 6 fraud charges (max 5 years each) - 3 guilty, 3 not guilty

After building the third largest newspaper empire in the world, Black decided in the late 1990s to sell off most the company’s titles in the US and Canada. Prosecutors charged that as he did so, he and other top executives siphoned off more than $60 million dollars in bogus “non-compete” payments in return for promising the buyers that they would not to set up rival publications.

In one deal, according to prosecutors, Black got paid not to compete with himself because he part-owned the company that paid the fee. In another, the government said, he never signed a “non-compete” pledge but took the money anyway. In a third deal, the buyer flatly refused to wire the money directly to him, so one of Black’s co-accused hand-wrote his name onto the bank transfer.

Prosecutors conceded that Black was entitled to the $12 million “non-compete” fee he received from the sale of The National Post, the Canadian daily he founded. But they charged that he also diverted some of the sale proceeds to fellow executives.

Racketeering - 1 charge (max 20 years) Not guilty

Prosecutors argued that the repeated payment of “non-competes” showed a pattern of “racketeering activity” - a charge more commonly associated with crime families and street gangs. To reach a guilty verdict on racketeering, the jury had to find that two or more linked frauds took place.

Tax Fraud - 2 charges (Max 3 years each) Not guilty

Because of the alleged diversion of the “non-compete” money, Black was also charged with causing false tax returns to be filed in 2000 and 2001.

Perks - 3 charges (max 5 years each) - Not guilty

(A) THE PARTY: Black was also accused of using $40,000 of company money to throw a $62,000 surprise birthday 60th birthday party for his wife at New York’s La Grenouille restaurant on December 4, 2000, with a guest list that included six billionaires;

(B) THE BORA BORA TRIP: Black was charged with billing the company with half the cost of using the corporate jet for a 23 hour round-trip flight to a holiday with his wife on the French Polynesian island of Bora Bora;

(C) THE PARK AVENUE CORPORATE FLAT: Black was accused of buying the corporate flat on New York’s Park Avenue in 2000 at a below-market price of $3 million - the same price the company had purchased it for six years earlier.

Obstruction of Justice - 1 charge (max 20 years) - Guilty

Shortly after 5 pm on May 20, 2005, Black was captured on CCTV moving 13 boxes of files out of his Toronto office into his car - just one day after his lawyers had received a fax warning them that the US stock market regulator would soon be requesting documents from him. The boxes were eventually returned - but not before the grainy CCTV pictures were broadcast repeatedly in Canada.

Profile: The fallen media baron

Lord Black of Crossharbour once controlled a majority of the newspapers in Canada: he now faces a lengthy jail sentence

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Timeline: rise and fall of Lord Black

Conrad Black, his wife Barbara Amiel and daughter Alana

Conrad Black, his wife Barbara Amiel and daughter Alana

1944 Black born to affluent Canadian family

1959 Expelled from prestigious Upper Canada College for selling exam papers

1965 Gains history BA

1971 Profitably sells the Sherbrooke Record newspaper in Quebec, a money-losing publication bought in 1969, and buys more titles

1978 At just 33, Black acquires control of Canada's largest and best known conglomerate, Argus Corp Ltd, and further invests in newspapers

1985 Acquires Daily Telegraph

1990 Following earlier out-of-court victories, Penguin destroys 6,200 copies of a book criticising Black after he begins libel proceedings

1992 Marries second wife Barbara Amiel, a columnist at The Times

1996 Black's media empire peaks as world's largest print-only operation. Over 500 publications worldwide include Israel's Jerusalem Post, the Chicago Sun-Times and 59 of Canada’s 105 dailies

1998 Black launches Canada's National Post. Fails to become major daily despite CA$200m (£94m) spending over nine years

2000 Increasingly indebted, Black sells a number of Canadian newspapers

2001 Renounces Canadian citizenship to join Britain's House of Lords on Margaret Thatcher’s nomination

2003 Investment firm Tweedy Browne Co writes to HI, Black's holding company, and the US regulator, alleging excessive payments to Black. Black resigns after an HI committee reports that the company made US$32.15m (£15.1m) of irregular payments

2004 Amiel loses Telegraph column; paper acquired by Barclay brothers. US regulator report says Black ran 'corporate kleptocracy'

2005 Black indicted for fraud. Former employee David Radler pleads guilty, offers to testify for prosecution

March 14, 2007 Trial begins in Chicago. Black and 3 co-defendants charged with diverting $60 million in funds

20 March Prosecution compares Black to a bank robber in a tie

31 March-1 April, 2007 During trial break, Black attends literary party in Canada despite travel restrictions

May 24, 2007 Jury told that Black secretly enlisted Donald Trump to speak in his favour at shareholder meeting

June 27 Jury begins considering verdict

July 13 Jury finds Black guilty of four of 13 charges

Source: Times archive

Conrad Black, pictured as owner of the Daily Telegraph on June 1, 1992: the tycoon's newspaper empire was at one stage the biggest in the world (Mark Ellidge/The Sunday Times)

Canadian Governor General Romeo LeBlanc (l) and Black (r) await the arrival of the Queen for a ceremony marking the consecration of new Colours on the Regiment in Ottawa, Canada, on July 3, 1997 (Peter Jones/Reuters)



From
July 13, 2007

Profile: Conrad Black, fallen media baron

The Blacks at their home in Palm Beach, Florida, one of the many residences they owned across the world

(Jonathan Becker/The Times)

The Blacks at their home in Palm Beach, Florida, one of the many residences they owned across the world

A billionaire media baron with a taste for a lavish lifestyle, Conrad Moffat Black is no stranger to the spotlight.

The flamboyant larger-than-life character with a ruthless business mind bought his first newspaper more than 30 years ago and went on to run hundreds of titles around the world, including the Daily Telegraph.

With homes in New York, Toronto, Florida and London, the socialite is known to enjoy the company of the rich, powerful and famous, with his glamorous second wife, journalist Barbara Amiel, 66, by his side.

But Lord Black of Crossharbour has seen his empire and power unravel in the space of four years as he faced the racketeering, fraud and obstruction of justice charges.

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He was born in Montreal, Canada, on August 25 1944. His father George was a wealthy brewery executive. Black’s entrepreneurial skills first caused him trouble when he was expelled as a 14-year-old student from Toronto’s elite Upper Canada College after he made 1,400 dollars by selling his classmates’ stolen exams.

He went on to read history at Carleton University, law at Laval and achieved an MA from McGill before he bought his first newspaper, the Eastern Townships Advertiser in Quebec, in 1966.

His media empire began to develop as he bought more small Canadian newspapers before he co-founded the Sterling Newspapers Group in 1971.

Seven years later, he became chair of the Argus Corporation, from which he launched the Hollinger group.

By the 1990s, Hollinger controlled 60 per cent of Canadian newspapers, along with hundreds of dailies in England, the US, Australia and Israel.

At its peak in 1999, Hollinger had revenues of more than two billion dollars and Black was publisher of the third-biggest group of newspapers in the world.

Black’s first marriage was to Joanne (born Shirley) Hishon, of Montreal, by whom he has two sons, Jonathan David Conrad and James Patrick Leonard Black, and a daughter, Alana Whitney Elizabeth Black. The couple divorced in 1992, the same year that Black married Watford-born Barbara Amiel.

He hit the headlines again when the British Government moved to ennoble him and was opposed by Canadian prime minister Jean Chretien, who used the Nickle Resolution of 1919 to rule that foreign governments could not grant honours to Canadians that carry a title of privilege.

After an unsuccessful court challenge, Black renounced his Canadian citizenship and was officially inducted into the House of Lords as Lord Black of Crossharbour on October 31 2001.

Crossharbour lies near to what was then the site of the Daily Telegraph building in the Docklands, one of the crown jewels of the Hollinger International empire.

During these glory days at the turn of the century, Black and his second wife Barbara were known for throwing lavish parties in their Kensington home in London. The couple also owned mansions in Toronto and Palm Beach, Florida, along with an apartment on Park Avenue, Manhattan.

During the trial, a long list of the trappings of wealth that Black used to make this company flat, near New York’s Central Park, habitable emerged.

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These included Napoleon Bonaparte’s shaving stand and a set of marble elephant carvings that cost 17,710 dollars (£8,900), a heated towel rail which cost 4,399 dollars (£2,200), and a 9,800 dollar (<AC163>4,900) set of Louis XVI painted stools with rails carved in a Guilloche pattern.

He also developed a reputation as a merciless businessman with a love of suing anyone who crossed him.

But by 2003, his downfall had begun.

Black lost control of Hollinger International, his newspaper empire that stretched from Canada halfway across the world, when minority shareholders in the US accused him of siphoning off millions of dollars of their money in unauthorised payments to himself.

A special committee of Hollinger’s board found what it called evidence of “excessive” fees paid to Black and other executives, and demanded repayment. Black brushed off the allegations, writing to the company’s investor relations officer: “Two years from now, no one will remember any of this.”

But he was ousted as chief executive in November 2003 and, two months later, also lost his chairmanship as the company sought 200 million dollars (£100 million) in damages in a suit filed against him in Chicago.

Hollinger Inc, the Toronto-based parent company of the publishing company, also filed lawsuits.

Black countersued and then tried to sell Hollinger’s key newspaper titles to the Barclay brothers, but was blocked in court by Hollinger International.

On August 31 2004, the special committee’s damning report, which accused Black of running Hollinger like a “corporate kleptocracy”, was made public by the US Securities and Exchange Commission.

The report accused Black and other executives of taking hundreds of millions of dollars that they were not entitled to. Black sued the special committee for defamation.

Then in September 2005, Black’s former associate and long-term friend David Radler pleaded guilty to a single count of mail fraud as part of a scheme to divert more than $32 million dollars (£16 million) from Hollinger International.

Radler agreed to testify for the US government and was given a reduced sentence of 29 months in jail.

Black’s Toronto-based holding company, Ravelston, was also charged and pleaded guilty, despite Black’s objections, to one count of mail fraud.

Criminal charges of racketeering, obstruction of justice and money laundering were laid against Black in December 2005, followed by charges of criminal tax evasion the following year.

Black said he was entitled to the so-called “non-compete” payments which he was given, and described the allegations as “monstrous defamations”. Even some of Black’s critics acknowledge he believes he has done nothing wrong. Meanwhile, Black is also trying to regain his Canadian citizenship.

In an opinion piece headlined “I am not afraid”, which was published before his trial began, Black wrote: “I have never been happier to be Canadian.”

The 62-year-old has also published books on a number of topics, including the 2003 biography Franklin Delano Roosevelt: Champion Of Freedom, which was described by Publisher’s Weekly as “not only the best one-volume life of the 32nd president but the best at any length, bound to be widely read and discussed”.

Published Saturday, July 14, 2007

Conrad Black, Ex-Press Baron, Guilty of Fraud

The former executive was accused of stealing $60 million from Hollinger, once the world's third-largest publisher of English-language newspapers. Prosecutors said the money was disguised as fees he and two codefendants got for not competing with buyers of about $3 billion of newspapers Hollinger sold.

According to earlier reports, the committee investigating alleged financial wrongdoing by Black had been unable to account for dividend payments from Cayman Free Press of some $1.5 million.
“The government overcame a very shaky start to win this case,” said Jacob Frenkel, a former federal prosecutor now in private practice in Rockville, Maryland. “They were able to pull a rabbit out of the hat.”

A federal court jury of nine women and three men returned the verdicts after a 15-week trial and 12 days of deliberations. Jurors resumed their work July 10 on orders of US District Judge Amy St Eve after saying they couldn't unanimously agree on all the charges against the four.

Convicted with Black were former Hollinger Vice President Peter Atkinson, 60, ex-Chief Financial Officer John Boultbee, 64, and ex-General Counsel Mark Kipnis, 59. Atkinson and Boultbee were accused of stealing through the non-compete agreements. Kipnis was accused of helping the others steal.

Black faces 20 years in prison on the most serious conviction, for obstruction of justice. The three fraud charges carry a maximum penalty of five years each.

Black has been free on $21 million bail. Lead prosecutor Eric Sussman asked St Eve after the verdicts to revoke the former CEO's bond, saying he faces at least 15 to 20 years in prison.

“He has had his day in court,” Sussman said. “Will he show up for sentencing?”

A lawyer for Black argued the bail should continue.

“We have a very visible man who is followed around by reporters wherever he goes,” defense attorney Edward Genson said. “He has no incentive to flee.”

St Eve said she will decide on Black's bail later. She allowed Atkinson and Boultbee, who Sussman said face seven to 10 years in prison, to remain free.

Before the verdict was read, Black began breathing deeply, his shoulders moving up and down. He didn't visibly react on hearing the first guilty verdict and leafed through his verdict form as the other decisions were being read.

“He's doing okay,” Black's lawyer Edward Greenspan said later of his client.

Since Enron Corp. collapsed in 2001, prosecutors convicted every chief executive officer tried for accounting fraud or other major corporate crime. Black was the last targeted CEO to be tried.

Those convicted include former CEOs Kenneth Lay and Jeffrey Skilling, 53, of Enron; Bernard Ebbers, 65, of WorldCom; L. Dennis Kozlowski, 60, of Tyco International; Joseph Nacchio, 58, of Qwest Communications; Richard Scrushy, 54, of HealthSouth; and John Rigas, 82, of Adelphia Communications.

Lay's conviction was voided last year because he died at age 64 before he could complete his appeals.

Scrushy, who led the largest US operator of rehabilitation hospitals, was acquitted of accounting-fraud charges, then convicted of bribing the governor of Alabama to gain a seat on a state hospital board.

Prosecutors told jurors in closing arguments that Black and his codefendants “systematically stole” the millions, leaving a “phony paper trail.” No defendant took the witness stand.

Defence lawyers said the non-compete agreements were required conditions of selling the newspapers. Black's lawyer asked jurors not to convict him just because he's rich.

Black was forced to resign as Hollinger's CEO in November 2003 after an internal investigation concluded he and the other executives paid themselves $15.6 million without board approval. Two months later, the board fired Black as chairman and sued him for $200 million. The four men were indicted in 2005.

A board-commissioned report by former Securities and Exchange Commission Chairman Richard Breeden claimed in August 2004 that Black and other insiders diverted $400 million, 95 percent of Hollinger's adjusted net income from 1997 to 2003, from the company. Black's libel suit against Breeden is pending.

The chief government witness at the trial was former Hollinger President David Radler. He pleaded guilty to a single fraud count stemming from the non-compete-fee scheme.

Radler told jurors that Black oversaw the diversion of Hollinger money to its parent, the Toronto-based holding company Hollinger Inc., which Black controlled.

Black was found not guilty of cheating shareholders by spending company money for personal expenses, including $500,000 to use a company jet to fly to the Pacific island of Bora Bora for a vacation, billing Hollinger for two-thirds of a $62,000 birthday party for his wife, Barbara Amiel Black, and for the renovation of their Park Avenue home.

Hollinger, at its peak, trailed only News Corp. and Gannett Co. in publishing English-language newspapers, including the Chicago Sun-Times, the U.K.'s Daily Telegraph, Canada's National Post, the Jerusalem Post and hundreds of community newspapers. The company is now called Sun-Times Media Group Inc.

Black, 6-foot-1, silver-haired and barrel-chested, was raised in Toronto's wealthy Bridle Path neighborhood and owned homes in Toronto, London, New York and Palm Beach. He wielded power as a wealthy media owner and member of Britain's House of Lords as Lord Black of Crossharbour. He renounced his Canadian citizenship to become a British peer.

Black has a master's degree in history from Montreal's McGill University and a law degree from Laval University in Quebec. He wrote well-reviewed biographies of former US presidents Richard Nixon and Franklin D. Roosevelt.


EDITORIAL
TheStar.com - comment - The downfall of Conrad BlackJul 14, 2007

His legendary smugness shattered by a jury of 12 ordinary Americans, Conrad Black gave them a venomous stare as their findings of guilt on four of the 13 counts against him were read to the court. Convicted on three counts of mail fraud and the more serious charge of obstruction of justice, Black faces a maximum of 35 years in prison, $1 million in penalties, and the forfeiture of millions of dollars in assets. Barring successful appeals on the charges, Black is going to jail.

His co-defendants – Jack Boultbee, Peter Atkinson and Mark Kipnis – were also found guilty of complicity in taking so-called noncompete payments from shareholders to whom the money belonged.

While the case now moves on to forfeiture hearings to determine how much Black and the others will be required to pay back to those they defrauded, to sentencing and possible appeals, business journalists, academics and corporate lawyers will no doubt have a lot to say about the case. Early commentary suggests that Americans and Canadians will bring far different perspectives to the convictions.

For Americans, it is just the latest attempt by the state to restore investor confidence in the stock markets that underpin the U.S. economy after the beating they took in the wake of the scandals at Enron, WorldCom and Tyco.

As one U.S. observer put it, "We've gone through a period where there was not a great deal of government enforcement in white-collar cases. And recently we've seen a great deal more concern by the Department of Justice about white-collar and corporate fraud cases."

For Canadians, however, Black's conviction represents the latest, if not the last, chapter in a saga of a larger-than-life figure who held the country of his birth in contempt. Some will keep searching for reasons why someone who was so rich and powerful would feel the need to pilfer money from minority shareholders in the company he ran. Others will wonder why he even took the chance. On both scores, many will likely blame moral vacuity and plain old greed for Black's descent from international newspaper baron to white-collar criminal.

But underlying almost any explanation for Black's crossing of the criminal line is the tragic character flaw that has been reflected in so much of what he said and did. Black showed an enormous propensity for hubris, the same trait that doomed Macbeth. The biblical proverb "pride goeth before a fall" suggests Black's fate was likewise sealed.

Black's arrogance was reflected in his sesquipedalian language, the contempt in which he held so many people, his lavish lifestyle, and the willing surrender of his Canadian citizenship for a British title. But his downfall ultimately came from his misguided belief that he was entitled to the payments for not competing with newspapers Hollinger International sold off because he saw the widely held public company as nothing more than an extension of himself.

While Black's hubris prevented him from seeing the character trait in himself, ironically, he readily saw it in others, as when he said that he "always felt it was the compulsive element in Napoleon that drew him into greater and greater undertakings, until he was bound to fail."

His own hubris was certainly evident in a 2002 email on the use of corporate aircraft, in which he said, "I'm not prepared to re-enact the French Revolutionary renunciation of the rights of the nobility."

The jury, however, decided that Lord Black's sense of his own nobility did not give him the right to confiscate money from commoners who invested with him.

Full Comment

Jonathan Kay on Conrad Black: His crimes do not define him

A Chicago jury has found Conrad Black guilty on three counts of mail fraud and one count of obstruction of justice. The world-renowned media magnate and author is now liable to spend up to 35 years in prison.

To many of his longstanding critics in the media and elsewhere, Friday's verdict will be taken as proof that the man is a quintessential symbol of corporate criminality. Such a simplistic conclusion would do a disservice to an accomplished businessman and intellectual.

Since the fall of Enron in late 2001, the corporate kleptocrat has gained prominence as a stock villain in our popular culture. Billion-dollar corporate scandals have become so numbingly numerous - Tyco, WorldCom, Healthsouth, Qwest, Computer Associates and Adelphia being only the most prominent - that convicted corporate executives now are routinely lumped together as if their misdeeds were identical. But of course, they are not.

While Lord Black has been found guilty of four crimes, he does not deserve to be spoken of in the same breath as, say, WorldCom's Bernie Ebbers, Enron's Andrew Fastow, Jeffrey Skilling and Ken Lay, and Adelphia's John Rigas. These are criminal conspirators who created fraudulent billion-dollar empires, and who impoverished thousands of their ordinary unsuspecting shareholders and employees when the fraud was uncovered. Lord Black did no such thing. Whatever the findings relating to the mail-fraud and obstruction-of-justice charges against him, he did not build imaginary corporate castles in the sky. As many others have noted, he ran a company that was sound and profitable: The corporate do-gooders who came after the man spent far more of the company's money pursuing him than he was ever accused of misappropriating.

All this said, Lord Black has had his day in court. And barring successful appeal, he will be made to pay the price for his crimes. But whatever the man's current travails, it is important that Canadians put his lasting legacy in context. Lord Black delivered to this country a stronger, more vibrant and diverse media market - the National Post being a case a point. With his conviction, the man's critics will have their day. But they should not be permitted to define his place in this country's history.

Media tycoon Conrad Black convicted

Associated Press
Jul. 13, 2007 09:34 AM
 CHICAGO - A federal jury convicted fallen media tycoon Conrad Black and three of his former executives at Hollinger International Inc. Friday of illegally pocketing money that should have gone to stockholders.

Black, 62, was convicted of three counts of mail fraud and one count of obstruction of justice. He faces a maximum of 35 years in prison for the offenses, plus a maximum penalty of $1 million.

He was acquitted of nine other counts, including racketeering and misuse of corporate perks, such as taking the company plane on a vacation to Bora Bora and billing shareholders $40,000 for his wife's birthday party.




Black, sitting at a table with his attorneys, did not show any emotion when the verdict was read. After U.S. District Judge Amy St. Eve briefly adjourned the court, his wife, Barbara Amiel Black, and his daughter, Alana, leaned over to console him.

While the verdict was mixed, the conviction signaled an increasing trend of aggressive U.S. government pursuit of senior corporate executives, following the Enron, Tyco and WorldCom scandals, and to hold top executives personally accountable for their companies' actions.

Black's three co-defendants were all found guilty of three counts of mail fraud. They are former Hollinger International vice presidents John Boultbee, 64, of Vancouver and Peter Y. Atkinson, 60, of Toronto and attorney Mark Kipnis, 59, of Chicago. They face up to 15 years in prison and fines of up to $750,000.

Hollinger International once owned community papers across the United States and Canada as well as the Chicago Sun-Times, the Toronto-based National Post, The Daily Telegraph of London and Israel's Jerusalem Post. The Sun-Times is the only large paper remaining at the company whose name has been changed to Sun-Times News Group.

The heart of the case against the husky, silver-haired publishing millionaire focused on a large-scale selloff starting in 1998 of Hollinger community papers that were published across the United States and Canada.

Companies that bought newspapers in seven such deals paid millions of dollars to Hollinger International, with headquarters in Chicago, in return for promises it would not go into competition with the new owners.

Black was charged with illegally diverting millions of dollars in those so-called non-compete payments to himself, Boultbee, Atkinson and the longtime No. 2 man in the Hollinger International empire, F. David Radler.

Black was convicted on three counts of those allegations made by prosecutors. The obstruction of justice charge was considered the most likely of all to net a conviction because Black was captured on videotape removing 13 boxes of documents from his Toronto offices, despite a court ban on taking away potential evidence.

Some of the non-compete payments also went to a smaller Toronto corporation, Hollinger Inc., which was controlled by Black and in turn owned a controlling interest in the Chicago-based Hollinger International.

Radler pleaded guilty to fraud and agreed to testify in exchange for a lenient 29-month sentence. In eight days on the witness stand, he contradicted Black's argument that he knew little about the deals that led to the non-compete payments because he was busy with other matters.

Black's attorneys painted Radler as a liar looking for a good deal from prosecutors in his own case.


Conrad Black May Be Sorry He Gave Up Cdn. Citizenship Watch Video News Director Watch

Conrad Black May Be Sorry He Gave Up Cdn. Citizenship

Friday July 13, 2007

What happens now to Conrad Black? That appears to the million dollar - or more -  question. Black was found guilty of four charges in a Chicago courtroom Friday, and all of them were serious enough to warrant the pending loss of both his freedom and a big chunk of his money. He'll learn his fate on November 30th.

What would it be like for a man of his wealth and stature to wind up going from luxury to the starkness of a prison cell? Friends say that prospect is "devastating", while others predict it's Black's legacy in business  history that seems to upset the former British Lord even more. "It's not the crime, it's the demolishing of Conrad's life's work," agrees his friend and columnist Mark Steyn. "It's the knowledge that the first draft of history is going to be written by all your enemies, by all these kinds of jackals from Fleet Street who skipped the last four months but flew in here for the walk to the scaffold."

Those who have followed Black's career believe he will be defiant to the end, stubbornly assuring he did nothing wrong. "His vision of himself is that he is a romantic rebel" much like former U.S. presidents Franklin D. Roosevelt and Richard Nixon,  Napoleon, Winston Churchill and the other historical figures he admires, suggests biographer George Tombs. "If things go badly it's other people's fault."

That includes his closest associate, David Radler, who Black believed would never betray him. "No matter what happens, people aren't allowed to turn on him," Tombs adds. "He tends to see himself as a master strategist and he's moving the pieces on the chess board."

Black has been forced to surrender his passport and will remain in Chicago until his sentencing. He may well rue the day he gave up his Canadian citizenship. "He can reapply," suggests lawyer Lorne Honickman, the host of "Legal Briefs" on CP24. "And my guess is he will reapply immediately ... If he was a Canadian citizen, as is David Radler,  we have an agreement with the United States, a prisoner exchange program where you can make the application to serve your sentence In Canada. That happens on a daily basis. Now, not necessarily a slam-dunk but you can't do it if you are not a Canadian citizen."

Black renounced his citizenship in order to take a seat in the British House of Lords, a move that raised eyebrows in his home and native land.

  • His legal woes are far from over, however, as he will have to face off against regulatory commissions, both American and Canadian, as well as a number of lawsuits. Waiting in the wings are Black's former companies, Hollinger Inc., Hollinger International and many bitter investors forming class-action suits.



Voices: Conrad Black guilty verdict
Jul 13, 2007 01:07 PM

We asked you what you think of the Conrad Black verdict. Here's what you had to say.

The rich and powerful need to know that they are not immune from punishment for committing crimes. A classic case of greed.
Henrietta Penny, Mississauga

What a farce and waste of time and resources. Why does the justice system not apply these valuable resources against real criminals, such as child molesters? They now mostly get probation against a prospective 35 years for Conrad Black for mostly contrived charges, even though the investors ended up much better off with him in control.
Allan Taylor, Oakville

We are losing a truly great Canadian icon. I hope that his appeal will not bankrupt him and that justice for Conrad Black prevails. My prayers and thoughts are with the honourable Lord Black and his family.
Michael Weir, Toronto

I think white collar crime is just the same as any other, except that it has the benefit of being less personal. If the jury of his peers decided, that’s the way it goes. Money shouldn't make you above the law.
Chris Van Abbema, Pickering

A fair verdict. One cannot commit fraud, etc. and expect to get off lightly, or at all.
Sean Beckett, Toronto

I don't know if John Chrétien is a spiteful man but I just have to think he is smiling knowing Conrad surrendered his Canadian citizenship.
Tom Macmillan, Brockville Ont.

Kudos to the American legal system and the jury. I am happy to see that even the best lawyers don't provide an automatic ‘get out of jail free’ card. I hope I live long enough to see Lord Black do one day in jail, after all the appeals.
Mike Wedmann, Etobicoke

I think that was the main problem for this trial was the fact that there were no victims presented, so in the minds of the jury it was a victimless crime, unlike Enron.
James McKilliop, London, Ont.

Black's surreptitious entry and unlawful removal of files from his office was the lightening rod for me. Yes, a very fair verdict indeed.
Barry Ruhl, Southampton, Ont.

Anyone who holds a position of trust, especially someone who has a high profile such as Mr. Black, must respect the responsibility that he has to his shareholders and to the public at large as to how someone with power and authority must conduct oneself. I only hope that this will prove to a humbling experience for him and that he will walk away a better person for it.
Susan Cain, Brampton

Conrad Black guilty of fraud

Former media tycoon to appeal verdict finding him guilty of three counts of fraud, one count of obstruction of justice.

By Katy Byron and Zak Sos, CNN


Media tycoon Conrad Black guilty of mail fraud
On Friday a Chicago jury found Conrad Black guilty of obstruction of justice and three counts of mail fraud. Black was, however, acquitted of using company funds to subsidise his personal life.
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Conrad Black could face up to 35 years in prison having been found guilty of obstruction of justice and three counts of mail fraud. Black was acquitted of using $20 million of company funds to subsidise his personal life despite all the pre-trial speculation about how a jury in blue-collar Chicago would react negatively to his extravagant lifestyle,

Black’s conviction on obstruction of justice was almost inevitable considering the CCTV footage that showed him removing 13 boxes from his office despite a court order not to. The counts of mail fraud related to non-compete agreements which Black and various associates had inserted when selling several of Hollinger’s community newspapers between 1998 and 2001. Much of the money from these agreements—up to $60 million—went, improperly, to Hollinger executives rather than the company itself.

No head of a public company will ever again dare to behave in the publicly ostentatious fashion that Black did. Partly this is because of the new, stricter corporate governance environment that has arisen in the US following the collapse of Enron in 2001 and the subsequent introduction of Sarbanes Oxley in 2002. But the rise of activist shareholders also means that chief executives are now being more forcefully held to account.

We haven’t heard the last from Black, though. He is expected to appeal the verdict

Jul 15, 3:50 PM EDT

Conrad Black Prosecution Enron Byproduct


CHICAGO (AP) -- Attorneys for Conrad Black assured jurors as his corporate fraud trial opened in March that the case involving the former media tycoon and British lord was not another Enron.

It wasn't. But Enron turned out to be inextricably linked to his downfall.

A federal court jury's convictions of Black and three other former executives of Hollinger International Inc. on Friday signaled the latest in a series of triumphs by government prosecutors in an Enron-inspired crackdown on corporate crime that began five years ago this month. If not for the widespread outrage generated by the Houston energy company's scandal, which left thousands jobless and wiped out billions of dollars in market value and employee pension plans, legal experts say Black and his cohorts likely would have gotten away with their crimes.

"On an order of magnitude, this case doesn't compare to Enron or WorldCom," said Robert Mintz, a former federal prosecutor who represents companies and individuals accused of white-collar crimes. "But ... it's another example of federal prosecutors aggressively pursuing a once-powerful CEO and successfully convincing jurors that his conduct amounted to an intentional fraud."

"That's not an easy thing to do," he said. "Five years ago, that was almost unthinkable."

Amid anger and frustration at scandals from the dot-com era involving Enron, WorldCom, Tyco and other corporations, Washington took two major steps in July 2002 to try to minimize corporate misdeeds.

The White House created a corporate fraud task force to root out and prosecute white-collar criminals - a mission Treasury Secretary Paul O'Neill likened at the time to the work of mob-buster Eliot Ness.

Congress and President Bush then teamed up three weeks later in the toughest crackdown on boardroom fraud since the Depression, setting stringent new standards for all U.S. public company boards, management and public accounting firms in the form of the Sarbanes-Oxley Act.

After five years of catching executives in those nets, the rate of corporate convictions has slowed, due in part to the higher levels of accountability and scrutiny. But prosecutors continue to go after such cases aggressively when evidence surfaces.

"There's no doubt that beginning a few years back - and particularly Enron focused people's attention on it - there's a grave concern with integrity and making sure that corporate fraud is stamped out," U.S. Attorney Patrick Fitzgerald said following the Black convictions.

"They're clearly a priority," he said of corporate crime cases. "And they became more of a priority a few years ago."

At a time when shareholder lawsuits were proliferating, prosecutors got a big assist in the Hollinger case when a special committee of its board responded to angry stockholders by compiling a 500-page report in 2004 detailing how Black conspired with associates to loot the company of millions in bogus fees.

The U.S. District Court jury in Chicago was convinced of enough key parts of the scheme to convict Black of three counts of fraud and one of obstruction of justice. The Canadian-born magnate now faces a maximum sentence of 35 years in prison and $1 million in fines, while associates Jack Boultbee, Peter Atkinson and Mark Kipnis could spend up to 15 years in prison with fines of $750,000.

"Black got caught up in intensified Justice Department white-collar criminal activity and he suffered from it," said David Ruder, professor emeritus at Northwestern University of Law and a former chair of the Securities and Exchange Commission. "Maybe it wouldn't have gotten to that point," he said, without the accelerated push against corporate crime.

Bernard Harcourt, a professor of law at the University of Chicago Law School, said Black's case differs from Enron because it wasn't about him running Hollinger with pervasive, fraudulent behavior.

"I would view this more as the greedy CEO who is just trying to stuff his pockets at the end of what was a pretty successful career," he said.

Black will be sentenced Nov. 30. However, while he likely won't face terms as long as those of convicted CEOs Jeffrey Skilling of Enron (24 years, 4 months) or Bernard Ebbers of WorldCom (25 years), the verdict showed that Enron's legacy remains alive.

"Although the unprecedented wave of major corporate prosecutions has abated, this verdict is further evidence that jurors are still willing to dissect complex allegations and buy into the government's theories that tie the person at the very top of the corporate hierarchy to serious misconduct," said Mintz.

Watch Related Video

Prosecutor: Conviction Vindicates the Public



AP Photo
AP Photo/Pat Sullivan


In Conrad Black case, jury unable to reach verdict but keeps trying

CHICAGO: After nine days of deliberations, the jury deciding the criminal case against Conrad Black, the former chairman of the newspaper empire Hollinger International, told a U.S. judge that it could not reach a verdict on all charges in the case against Black and his co-defendants.

So Judge Amy St. Eve sent the jury back Tuesday with instructions to keep deliberating the fate of Black and his former colleagues, who have been on trial for much of the last four months.

Black, 62, has been charged with more than a dozen counts of mail and wire fraud and obstruction of justice in the case, which began with jury selection in mid-March.

He is on trial along with Hollinger's former chief financial officer, John Boultbee; a former vice president, Peter Atkinson; and a former Hollinger lawyer, Mark Kipnis. They are accused of swindling Hollinger shareholders out of more than $60 million. The other three defendants are charged with various counts of mail and tax fraud.

The jurors' note to St. Eve said that they were unable to reach a verdict on all counts in the case.

The note, which said that the jury had carefully weighed the nearly 80 pages of jury instructions, read: "We have discussed and deliberated on all the evidence and are still unable to reach a unanimous verdict on one or more counts. Please advise."

Lawyers for both sides were summoned to the court and, after consultation, St. Eve ordered the jury to continue the deliberations that began after closing arguments ended June 27.

St. Eve told the panel to make "every reasonable effort" to reach a verdict in the case, which has drawn media attention from across the globe.

Legal experts said it was not unusual for juries in complicated cases, especially those involving detailed financial dealings, to have difficulty reaching a verdict. The judge, in most cases, asks the jury to persevere.

Ronald Safer, a lawyer for Kipnis, argued that the jury should be allowed to return whatever verdict it had reached, even if, in this case, it was a nonverdict. He later said that he was not seeking a mistrial, but was simply asking the judge to allow the jury to return the verdict they saw fit.

Prosecutors told St. Eve on Tuesday that the jury should be granted more time, and that a partial verdict should be allowed.

July 11, 2007

TTC Sad, Disasters Bad, Avril Mad



The TTC can’t win for losing. Ridership is up but revenues are down as more riders choose weekly or monthly passes, and the TTC is looking for more money from the city to accommodate the surge. Damn those Metropass holders, riding around like they own the place.

After nine days of deliberations, the jury in the Conrad Black case has announced that they’ve been unable to reach a verdict. Judge Amy St. Eve told them to go back and deliberate again until they did. The jury said that’s what we were trying to do. The judge said well you better go try some more. We’ll keep you posted on this riveting courtroom drama.

The World Conference on Disaster Management wraps up today at the Toronto Convention Centre. Torontoist would go but we’re locked in the basement with a tire iron and a two-year supply of Beefaroni.

In related news, Avril Lavigne has lashed out at critics who say she doesn’t write her own songs. She’s quoted in the Globe as saying, "All songs share similar lyrics and emotions. As humans we speak one language." Avril claims to be fluent in Humanese.

Photo by SirCharlie in the Torontoist Flickr Pool.


Associated Press
Conrad Black Jury Ends Deliberations
Associated Press 07.11.07

Jurors deliberating fraud charges against former media magnate Conrad Black and three other executives quietly went about their business Wednesday, then went home without a verdict, one day after telling a judge they were deadlocked.

Legal observers had speculated that some kind of verdict - or a hung jury - was imminent after jurors sent a note to U.S. District Judge Amy St. Eve on Tuesday saying they had "discussed and deliberated on all the evidence and are still unable to reach an unanimous verdict on one or more counts."

"Please advise," it added. St. Eve responded by urging jurors to continue working toward an unanimous decision.

Jurors deliberated a full day Wednesday and sent only one note to say they'd be back to work Thursday morning.

Black, 62, and three other defendants have pleaded not guilty to swindling shareholders in the Hollinger International Inc. (nyse: HLR - news - people ) newspaper empire out of more than $60 million. Black faces 13 criminal counts, including mail fraud, wire fraud and racketeering. He faces a maximum penalty of 101 years in federal prison if convicted on all counts against him, though lawyers have said a sentence of that length is unlikely.

The trial began March 20, and Wednesday marked the 10th day of jury deliberations.

Is this Black fan club for real?
There are 459 entries on the Facebook page - but does Conrad have that many friends?


CHICAGO -- What to do when you live in the Conrad Black Zoo, where any information is feeding time?

It's not the jury that is caged up as much as it is the media, lawyers and defendants waiting for those 12 regular American citizens to lock him up or set him free.

Every time someone's BlackBerry goes off it's like rattling the cage of the starved pack.

DOMINOES

As reporters and camera people remain in a pen with nothing but hours to count, some reporters are playing dominoes in the hallways. Or we can always check out the Conrad Black Fan Club group on Facebook.

Facebook seems to be all the rage these days. Now I am not going to go out on a limb and say it's real, but there is a Conrad Black Fan Club page on the social-networking site and there seems to be 459 people signed on as friends.

Does Conrad Black have that many friends? I mean, that many friends who would be hanging out on Facebook?

I already learned my lesson on this stuff from Frank magazine, which pulled a classic gag before this trial got started and tricked media into reporting about a Conrad Black legal defence fund run by the fictional Bay Streeter named Alastair Smith.

I darned near ran an e-mail interview I did with this phantom only to get that feeling this was a prank.

It was.

A doozy in fact. Even Lord Black fell for it and invited this group to his home. They sent over a cake with a saw on top instead.

But who knows -- maybe this thing is legit.

However, the thing that makes me suspicious about this website is the appearance of a Free Conrad yellow ribbon - something the other phoney Frank campaign created.

Although the Facebook version does indicate the ribbon was from the Frank ruse, it still says it's "nonetheless a good thing to print, laminate and wear."

Not me. The yellow ribbon I wear is for our troops in Afghanistan and other missions around the world. It's not for Conrad Black, and I know as a military historian himself, Black would not approve of this.

But still, fact or fiction, the site is worth checking out and perhaps some of the people really are fans.

It says its core values are as follows:

"Anyone who loves liberty, freedom of expression, healthy political debate and diversity of the press - principles for which Lord Black has stood all his life."

It also calls on support from "those who oppose America's current envy-driven witch- hunt of the wealthy and successful" and "those who oppose judicial tyranny, corporate governance terrorism and heavy-handed prosecutorial tactics such as gratuitous pre-trial asset seizures and defamatory press leaks."

There are many postings on the site - complete with pictures of the people who are said to have uploaded them. A lot of them seem young - like university students and not Conrad's peers.

It also boasts a message from Black and adds: "Yes it was actually written by the real Conrad Black just for this Facebook group."

"After more than three years of this ordeal, with relentless efforts to strangle me financially and defame me to the point of notoriety and ostracism having failed, it is very gratifying to see the entire false persecution crumbling," it quotes someone claiming to be Lord Black.

THE LORD'S ENGLISH

Sounds like the Lord's English I must say, but then below it also says "related groups" to this page include "Conservative Party of Canada, The Andrew Coyne Fan Club, Blogging Tories, The Stephen Harper Fan Club and Socialism Sucks!"

I have a call out to the creators to see if this site is real.

So far I have not found a David Radler Facebook fan page. Perhaps on Day 10 with nothing to do, that's how I will kill my time in the Conrad Black Zoo.



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