- Conrad Black has been sentenced to 6 1/2 years in jail, with 2 subsequent years of supervised release, and a $125,000 fine with $6.1 million in forfeiture. He must report to jail, at last word a Florida prison camp, by March 3rd.
- Peter Atkinson has been sentenced to 2 years and fined $3000, according to BNN's Kim Parlee. Steven Maich adds that Mr. Atkinson is also subject to three years of probation afterwards, and that the sentence was below the amount specified in the sentencing guidelines.
- Jack Boultbee has been sentenced to 27 months in jail and 3 years' probation, as well as $152,000 in fines and forfeitures. Sources: Steven Maich and Romina Maurino.
- Mark Kipnis is going straight to parole after 275 hours' worth of community service, with no fine at all, according to Mr. Maich. He faces six months' worth of home detention, as well as five years' worth of probation.
-----------
The announcement of the sentences brings this blog to an end for me; from now on, it'll be moribund. Thanks for reading it.
If you want to keep track of the Conrad Black trial subsequently, the following link will take you to Google News, with keywords "Conrad Black trial."
Monday, December 10, 2007
The Sentencing...The Forthcoming Appeal, And The Rest Of The Sentences
On CTV NewsNet, Jacob Frenkel and Paula Todd both concurred that it would be reasonable to expect the prosecution to appeal the sentence. Csr. Frenkel noted that the prosecution could argue that the tougher 2007 sentencing guidelines should have been used.
Andrew L. Frey, one of Conrad's appeal lawyers, said that he was disappointed in the sentence, but that there are good chances for Conrad's appeal. One ground, with respect to the obstruction-of-justice charge, was that the prosecution's case for intent was quite flimsy given Conrad's overall co-operativeness with the SEC. As far as the fraud charges were concerned, the evidence indicates that Conrad acted (though for his own benefit) in good faith; he didn't know that the non-compete payment to him could be illegal because David Radler told him differently. Thus, the ostrich instruction doesn't apply, as wilful blindness implies clear sight of a crime was reasonably available. If Conrad had bad advice, then he couldn't have reasonably been expected to see any possible illegality. He added that the case against Conrad was "a weak case," and estimated that an appeal will take 8 months to a year. He also said that the bail issue, given the appeal, has yet to be settled definitively. Ms. Todd added afterwards that Csr. Frey is planning to argue that the considerations he mentioned imply that the ostrich instruction should not have been included.
Conrad's lead co-counsel, Edward Genson, was also interviewed while Csr. Frey was in the middle of his own statement. He noted that it was an interesting trial for him, complimented Judge St. Eve, and also noted that the appeal is up to the appeal lawyers. As of 2:57 PM ET, Conrad's other lead co-counsel, Eddie Greenspan, noted that Judge St. Eve took the lower side of the sentencing guidelines. He also said that that outcome, though disappointing, was far less than what it could have been. He also expressed some disappointment regarding the pre-planning element of the sentencing, saying that even the prosecution all-but gave up on it in trial. He also noted that even the prosecution implicitly conceded that the Breeden Report was largely bombast with respect to its figures, and that the 5.3 million amount implied by the verdict was miniscule by comparison. In addition, he disclaimed blame for the guilty verdict, stating that the zealouness of the prosecution, and complications which got by the jury, were impossible for him to control.
Continuing his interview, with BNN's Amanda Lang, he noted that it was not a victory if Conrad is in fact innocent. Conrad himself left with his family as of 3:10 PM ET. He didn't look that crestfallen (although his daughter Alana did.) In a statement to the press he said that "it speaks for itself." [I had a different version earlier, based upon a mishearing of mine.] That was all that he said. Later, BNN host Martin Cej said that the 2 years of post-prison release that Conrad got was supervised release.
Jeffrey Steinbech, Conrad's chief sentencing counsel, said on CTV NewsNet as of 3:18 PM ET that Conrad being put into Eglin prison camp is not a fait accompli. The decision is up to the Bureau of Prisons.
As of 3:23 PM ET, Patrick J. Fitzgerald was interviewed. He disclosed the identity of the person who supplied the shareholder-victim statement: Mr. Fox of Cardinal. (Mr. Fox dumped most of the remaining Hollinger International shares held by Cardinal close to the point where it bottomed earlier this year, although on an upspurt if I recall correctly. Mark Steyn noted that Mr. Fox showed up in person.) He also claimed that the outcome wasn't a failure in his eyes. He refused to comment about the shrinkage of the number of dollars that Conrad was culpable for, and about any appeals. He also said that the use of the ostrich instruction was, in his eyes, justified.
Ms. Lang's interview with Csr. Frey, broadcast on CTV Newsnet as of 3:41 PM ET, had him saying that the events of this day have changed nothing regarding the appeal. He repeated his contention that the use of the ostrich instruction as not warranted, and that the prosecution failed to prove intent. He also added that an inappropriate use of the instruction could prejudice the jury against the defense, and brought up the fact that the only court order extant at the time Conrad carried out the boxes was an Ontario, Canada one. He was never prosecuted for violating it, either. Csr. Frey also disclosed that Conrad is not embittered with respect to America proper, but has been disappointed by the American justice system. After that interview, as of 3:48 PM ET, Ms. Todd sugggested that the difficulty that the prosecutors had in getting access to those boxes was the fount of the obstruction-of-justice charge. She also said flatly that a Canadian court's decision regarding that order is irrelevant to the U.S. justice system (naturally, because Canada and the U.S. are different countries with two different justice systems.)
At 4:03 PM, Mr. Akin supplied a kind of closure to the case, noting that it's the last high-profile corporate-fraud case that the United States Attourney's Office is pursuing. Perhaps it's the end of this trend.
As of now, there's been no word about the sentences that the other three defendants received, although Maclean's blogger Stephen Maich has some information from his own liveblogging. One of the pieces of info there is Conrad's total score on the sentencing chart: 28. Peter Atkinson scored a 22.
A printed report on Conrad Black's sentencing, by Romina Maurino, has been webbed by 680 News. She concurs with Mr. Akin about this case being the last one of its kind on the horizon. Paul Waldie has written another webbed report for the Globe and Mail.
And, Mark Steyn is also back on the beat,
Andrew L. Frey, one of Conrad's appeal lawyers, said that he was disappointed in the sentence, but that there are good chances for Conrad's appeal. One ground, with respect to the obstruction-of-justice charge, was that the prosecution's case for intent was quite flimsy given Conrad's overall co-operativeness with the SEC. As far as the fraud charges were concerned, the evidence indicates that Conrad acted (though for his own benefit) in good faith; he didn't know that the non-compete payment to him could be illegal because David Radler told him differently. Thus, the ostrich instruction doesn't apply, as wilful blindness implies clear sight of a crime was reasonably available. If Conrad had bad advice, then he couldn't have reasonably been expected to see any possible illegality. He added that the case against Conrad was "a weak case," and estimated that an appeal will take 8 months to a year. He also said that the bail issue, given the appeal, has yet to be settled definitively. Ms. Todd added afterwards that Csr. Frey is planning to argue that the considerations he mentioned imply that the ostrich instruction should not have been included.
Conrad's lead co-counsel, Edward Genson, was also interviewed while Csr. Frey was in the middle of his own statement. He noted that it was an interesting trial for him, complimented Judge St. Eve, and also noted that the appeal is up to the appeal lawyers. As of 2:57 PM ET, Conrad's other lead co-counsel, Eddie Greenspan, noted that Judge St. Eve took the lower side of the sentencing guidelines. He also said that that outcome, though disappointing, was far less than what it could have been. He also expressed some disappointment regarding the pre-planning element of the sentencing, saying that even the prosecution all-but gave up on it in trial. He also noted that even the prosecution implicitly conceded that the Breeden Report was largely bombast with respect to its figures, and that the 5.3 million amount implied by the verdict was miniscule by comparison. In addition, he disclaimed blame for the guilty verdict, stating that the zealouness of the prosecution, and complications which got by the jury, were impossible for him to control.
Continuing his interview, with BNN's Amanda Lang, he noted that it was not a victory if Conrad is in fact innocent. Conrad himself left with his family as of 3:10 PM ET. He didn't look that crestfallen (although his daughter Alana did.) In a statement to the press he said that "it speaks for itself." [I had a different version earlier, based upon a mishearing of mine.] That was all that he said. Later, BNN host Martin Cej said that the 2 years of post-prison release that Conrad got was supervised release.
Jeffrey Steinbech, Conrad's chief sentencing counsel, said on CTV NewsNet as of 3:18 PM ET that Conrad being put into Eglin prison camp is not a fait accompli. The decision is up to the Bureau of Prisons.
As of 3:23 PM ET, Patrick J. Fitzgerald was interviewed. He disclosed the identity of the person who supplied the shareholder-victim statement: Mr. Fox of Cardinal. (Mr. Fox dumped most of the remaining Hollinger International shares held by Cardinal close to the point where it bottomed earlier this year, although on an upspurt if I recall correctly. Mark Steyn noted that Mr. Fox showed up in person.) He also claimed that the outcome wasn't a failure in his eyes. He refused to comment about the shrinkage of the number of dollars that Conrad was culpable for, and about any appeals. He also said that the use of the ostrich instruction was, in his eyes, justified.
Ms. Lang's interview with Csr. Frey, broadcast on CTV Newsnet as of 3:41 PM ET, had him saying that the events of this day have changed nothing regarding the appeal. He repeated his contention that the use of the ostrich instruction as not warranted, and that the prosecution failed to prove intent. He also added that an inappropriate use of the instruction could prejudice the jury against the defense, and brought up the fact that the only court order extant at the time Conrad carried out the boxes was an Ontario, Canada one. He was never prosecuted for violating it, either. Csr. Frey also disclosed that Conrad is not embittered with respect to America proper, but has been disappointed by the American justice system. After that interview, as of 3:48 PM ET, Ms. Todd sugggested that the difficulty that the prosecutors had in getting access to those boxes was the fount of the obstruction-of-justice charge. She also said flatly that a Canadian court's decision regarding that order is irrelevant to the U.S. justice system (naturally, because Canada and the U.S. are different countries with two different justice systems.)
At 4:03 PM, Mr. Akin supplied a kind of closure to the case, noting that it's the last high-profile corporate-fraud case that the United States Attourney's Office is pursuing. Perhaps it's the end of this trend.
As of now, there's been no word about the sentences that the other three defendants received, although Maclean's blogger Stephen Maich has some information from his own liveblogging. One of the pieces of info there is Conrad's total score on the sentencing chart: 28. Peter Atkinson scored a 22.
A printed report on Conrad Black's sentencing, by Romina Maurino, has been webbed by 680 News. She concurs with Mr. Akin about this case being the last one of its kind on the horizon. Paul Waldie has written another webbed report for the Globe and Mail.
And, Mark Steyn is also back on the beat,
The Sentencing...The Statements and the Sentence
David Akin, on CTV NewsNet, is reporting on the victim-impact statements. One was from an institutional investor, who cliamed that Conrad jerked him around and lied to him to boot. Right after, Paula Todd noted that Conrad is walking a fine line: he can't veer from "my appeal is pending" to "I was hoosegowed."
[Historical note: In the Scopes trial, John Scopes was actually found guilty. The play based on it, Inherit the Wind, implicitly made the point that the judge basically had to find him guilty, given the relevant law at the time.]
As of 1:48 PM ET, Mr. Akin speculated that Conrad's defense counsel has recommended to Conrad that he keep it short. Three minutes later, James Morton suggested that Conrad's best bet is to stress his respect for the court system while disagreeing with the outcome in his case.
Conrad Black began speaking as of 1:53 PM ET. He did in fact stress that he never maligned either the judge or the jury, nor the system. The start-off was his averment that he does not wish to re-try the case. He finished with a "very profound apology" to the shareholders, expresed regret for his conduct, and complimented the judge. His speech lasted about a minute. Ms. Todd said that "he did exactly what he should have done." The judge is now saying that Conrad had committed a serious offense, but he has no record of prior convictions. Joan Crockatt, as of 1:57 PM ET, expressed surprise at Conrad's brevity.
According to Mr. Akin, right at that point, the judge also noted that Conrad's charitable activities does mean something, including the giving from corporate funds, and that her sentence will "promote respect for the law." It must "deter others," as reported by Mr. Akin. The judge also said that Mr. Radler is at least as culpable, but is entitled to a lesser sentence because he copped a plea. His entitled Mr. Radler to a lesser sentence, but not to a "vast discrepancy."
The sentence has just been announced for Conrad: 78 months, or 6 1/2 years. The judge added that she couldn't understand how someone of his stature could have done what he did. The judge added a fine of US$125,000. She also added a forfeiture amount of $6.1 million. (The prosecution has ten days to appeal the sentence, as they may do because she could be considered to have been lenient.) In addition, Conrad faces two years of unsupervised release subsequent to the sentence. He may be deported from the U.S. as a result of that release addition, according to Mr. Akin. The prosecution wanted 25 years; the defense wanted the same sentence that David Radler got. The bail matter has not been decided on yet.
Subsequent to the announcement, Mr. Akin reported that Conrad had prepared a 5,000-word statement, but declined to give it. Judge St. Eve thanked him for his compliment. As of 2:11 PM ET, Conrad's lawyers are arguing over the forfeiture amount. Long-time trial observer Hugh Totten said that Conrad got a good deal today, and that Conrad had little to gain through making a long statement. Csr. Totten also noted that Conrad hired the same lawyer who got Frank Quattrone off from an obstruction-of-justice charge at the appeal level. As of 2:15 PM ET, Mr. Akin reported that Conrad's lawyers are arging that he rates bail, and Csr. Totten noted that their arguments are not going to take an unexpected turn. After Csr. Totten was finished, Jacob Frenkel commented that the Quattrone case was quite different: the appeal worked because of errors of procedure committed by the trial judge. None were evident in this trial.
Conrad was denied bail. He is obliged to show up at the Eglin, Florida Penitentiary as of March 3rd. It's a lower-security penitentiary. Later, Ms. Crockatt mentioned the possibility of a Presidential pardon, but noted that it would most likely come when President Bush steps down as of Jan. 2009.
Formally, according to Wikipedia, Eglin Pen is "Federal Prison Camp,... Eglin, Florida." Informally, at least according to this blog, it's one of the "Club Fed"s.
As of 2:31 PM, Ms. Todd noted that one of Conrad's appelate lawyers will be Alan Dershowitz. Csr. Frenkel subsequently noted that the ambiguities of interpretation regarding "deprivation of honest services" may eventually arrive at the doorstep of the Supreme Court of the United States.
After he was finished, Ms. Todd reported on an unexpected - perhaps unprecedented - discussion amongst Conrad's fellow Lords in the U.K.: some have suggested that Conrad be stripped of his baronial title.
[Historical note: In the Scopes trial, John Scopes was actually found guilty. The play based on it, Inherit the Wind, implicitly made the point that the judge basically had to find him guilty, given the relevant law at the time.]
As of 1:48 PM ET, Mr. Akin speculated that Conrad's defense counsel has recommended to Conrad that he keep it short. Three minutes later, James Morton suggested that Conrad's best bet is to stress his respect for the court system while disagreeing with the outcome in his case.
Conrad Black began speaking as of 1:53 PM ET. He did in fact stress that he never maligned either the judge or the jury, nor the system. The start-off was his averment that he does not wish to re-try the case. He finished with a "very profound apology" to the shareholders, expresed regret for his conduct, and complimented the judge. His speech lasted about a minute. Ms. Todd said that "he did exactly what he should have done." The judge is now saying that Conrad had committed a serious offense, but he has no record of prior convictions. Joan Crockatt, as of 1:57 PM ET, expressed surprise at Conrad's brevity.
According to Mr. Akin, right at that point, the judge also noted that Conrad's charitable activities does mean something, including the giving from corporate funds, and that her sentence will "promote respect for the law." It must "deter others," as reported by Mr. Akin. The judge also said that Mr. Radler is at least as culpable, but is entitled to a lesser sentence because he copped a plea. His entitled Mr. Radler to a lesser sentence, but not to a "vast discrepancy."
The sentence has just been announced for Conrad: 78 months, or 6 1/2 years. The judge added that she couldn't understand how someone of his stature could have done what he did. The judge added a fine of US$125,000. She also added a forfeiture amount of $6.1 million. (The prosecution has ten days to appeal the sentence, as they may do because she could be considered to have been lenient.) In addition, Conrad faces two years of unsupervised release subsequent to the sentence. He may be deported from the U.S. as a result of that release addition, according to Mr. Akin. The prosecution wanted 25 years; the defense wanted the same sentence that David Radler got. The bail matter has not been decided on yet.
Subsequent to the announcement, Mr. Akin reported that Conrad had prepared a 5,000-word statement, but declined to give it. Judge St. Eve thanked him for his compliment. As of 2:11 PM ET, Conrad's lawyers are arguing over the forfeiture amount. Long-time trial observer Hugh Totten said that Conrad got a good deal today, and that Conrad had little to gain through making a long statement. Csr. Totten also noted that Conrad hired the same lawyer who got Frank Quattrone off from an obstruction-of-justice charge at the appeal level. As of 2:15 PM ET, Mr. Akin reported that Conrad's lawyers are arging that he rates bail, and Csr. Totten noted that their arguments are not going to take an unexpected turn. After Csr. Totten was finished, Jacob Frenkel commented that the Quattrone case was quite different: the appeal worked because of errors of procedure committed by the trial judge. None were evident in this trial.
Conrad was denied bail. He is obliged to show up at the Eglin, Florida Penitentiary as of March 3rd. It's a lower-security penitentiary. Later, Ms. Crockatt mentioned the possibility of a Presidential pardon, but noted that it would most likely come when President Bush steps down as of Jan. 2009.
Formally, according to Wikipedia, Eglin Pen is "Federal Prison Camp,... Eglin, Florida." Informally, at least according to this blog, it's one of the "Club Fed"s.
As of 2:31 PM, Ms. Todd noted that one of Conrad's appelate lawyers will be Alan Dershowitz. Csr. Frenkel subsequently noted that the ambiguities of interpretation regarding "deprivation of honest services" may eventually arrive at the doorstep of the Supreme Court of the United States.
After he was finished, Ms. Todd reported on an unexpected - perhaps unprecedented - discussion amongst Conrad's fellow Lords in the U.K.: some have suggested that Conrad be stripped of his baronial title.
The Sentence...Preliminaries
According to CTV NewsNet, Conrad Black has arrived at the courthouse, with his wife and daughter. He didn't say anything as he went in. Word is, his speech to the judge will be "brief," but such a term is hard to quantify in the case of Conrad Black.
Word is, Judge St. Eve has already decided on a sentence. After Conrad Black is sentenced, the other three will be too. It's almost a certainty that they'll all appeal. Bail, though, is questionable. According to Steve Skurka, bail requires a "substantial likelihood" that the appeal will succeed. According to his sources, this case doesn't meet that burden.
Paula Todd, also on CTV NewsNet, mentions that a victim-impact statement has been filed, although it is expected that the defense will argue that they haven't had sufficient time to read it.
CTV News has a webbed report on the day's events so far. At 11:02 AM ET, Jacob Frenkel speculated that the victim-impact statement wont' have much of an effect on the sentence, because (he presumes) the judge will remember that no victims appeared at trial.
According to BNN's Amanda Lang, the victim-impact statement - handed in late - will be dealt with first. The hearing, even not taking into account Conrad's speech, may take a few hours. She concurred that the important question that will be answered is whether or not Conrad rates bail.
BNN also had old Conrad Black biographer Peter C. Newman on. Mr. Newman speculated that Conrad's previous statement against the prosecutors will go against him, as will that consent decree. What he's watching for in any expression of remorse, or of at least regret. Pat Bolland point out that Conrad could offer to pay back something to Hollinger Int'l, which Mr. Newman said would help but not much. It may be too late for that. Mr. Newman also observed that David Radler's tactics were better than Conrad's. At the end of his segment, Mr. Newman pointed out that "you can't take the law into your own hands" when comparing Conrad Black with Robert Latimer. (Interestingly, that phrase is commonly applied to lynch mobs, not to outraged defendants.)
Back at CTV News, it was reported that the loss has been set at between 5 and 10 million dollars, meaning that the top sentence will not be applicable. Also, Conrad Black has never been convicted of a previous offense. Two levels in the sentencing count may have been added for "more than minimal planning." This suggests category A, for those not convicted of a previous offesne, level 22 (if more than minimal planning is added) or 23 (if the recently-proffered statement was accepted as an influence.) It wasn't said what sentence this point in the chart corresponds to.
David Akin reported that two levels were added to the base level of 20. One was added because Conrad was operating in Canada, implying that the pre-planning consideration has not been decided on yet. Maximum sentence is 35 years.
As of 11:31 AM ET, Eric Sussman is urging Judge St. Eve apply a serious sentence, through using the now-notorious E-mails. Csr. Skurka noted that the E-mails are not relevant to the charges that the jury voted "guilty" on.
Kate Wheeler just reported, at 11:35 AM ET, that the judge has ruled against the prosecutors with respect to their claim of the level of the fraud - it's going to be between 5 and 10 million. Also, she ruled that Csr. Sussman is bringing in points that should have been brought up at trial. According to Andrew Stoltmann, the prosecution needs a big sentence to consider it a win for them. (Later, Joan Crockatt noted that the Breeden Report did a lot more damage to her as a shareholder that Conrad Black did. She then compared, perhaps tongue in cheek, Richard Breeden to Lt. William Calley.)
The prosecution did win agreement from Judge St. Eve about the pre-planning issue. This adds two ticks on the chart. Also, the judge earlier rejected a delay for the defense to respond to the proffered victim-impact statement. She did, though, agree to use the less harsh 2000 sentence guidelines. As of 11:49 AM ET, Ms. Wheeler reported that the judge remarked that the civil cases pending against Conrad Black are irrelevant to this matter, and vice-versa.
As of 11:51 AM ET, Mr. Akin reported that Judge St. Eve noted that Mr. Radler swung a lot of authority himself, and Conrad's position as CEO did not mean that he knew of everything. But, she also decided that his role was more than minor.
As of 11:56 AM: Judge St. Eve has set the sentence range as between 6 and 8 years after going through the above-mentioned chart. Conrad is facing that amount of time, and will have to serve 85% of it. Ms. Todd noted later that this 6-to-8 years is a guideline, but Csr. Frenkel noted that, say, 7 years is less serious that what the prosecution was expecting. He also said that the prosecution can appeal the sentence as being too light. He also wondered out loud if the prosectution is taking some of this personally, as they did win a conviction.
According to Mr. Akin, as of 12:04 PM, the defense is arguing that Conrad Black is more than a mere top manager, as he built the company from the ground up. They also noted that his employees liked him well, and that there was a real business - not just a "shell game." He also noted that the present Conservative government has rejected all pleas from Canadians convicted in foreign courts to serve their time in Canada under Canadian rules. That's because, as Ms. Todd noted later, they've decided that a Canadian who got due process rights in another democratic country has no pressing need for repatriation. She also noted that Conrad is no longer a Canadian citizen.
David Akin reported that, with regard to the obstruction-of-justice charge, Edward Greenspan is arguing that Conrad was just reclaiming his personal property. He returned it later. [Note: This obstruction charge is over and above the 6-to-8 years noted above.] Ms. Crockatt noted that Conrad's "defiance" is largely in place to square with his appeal.
Mr. Akin also noted, as of 12:18 PM ET, that the defense has brought in the Rick Mercer show sketch in which Conrad appeared as evidence that he has a sense of humor. Also, the usual philanthropic arguments were made - and the defense has read a letter from Sir Elton John defending Conrad's character. (Ms. Todd later speculated that Conrad's attempt to appeal to the Caandian public may have ticked off Americans.)
Another letter read in court was from Laura Ingram, a cancer survivor. Also brought to the judge's notice was Conrad's support of Jewish causes. Yet another letter was sent in by Brian Mulroney, and read in court. A further letter read in court was from someone unknown who got a ride from Conrad Black when he was feeling ill.
On CBC News, Jacquie McNish noted that it would be untoward for Conrad to make a long statement, and opined that Conrad believes that he was persecuted because he has inadequate self-questioning skills. Ms. McNish further noted that Conrad identifies with famous people who have been stricken in some way. She also believes that he'll get through prison by writing. (CBC.ca has a written report on the sentencing guideline arrived at.)
Over at CTV News, Ms. Todd noted that Conrad is insinuating blame again - seemingly, regarding the bad press he had received - and the judge has noted that he seems to be avoiding responsibility for his own actions. Like others, Ms. Todd counterpointed Conrad Black with Martha Stewart. As of 12:44 PM ET, Mr. Akin reported that the defense is stressing Conrad's "humble beginnings." Csr. Frenkel noted four minutes later that these readings are par for the course at this stage in the game.
As of 12:55 PM ET, Ms. Crockatt noted that Barbara had claimed her 'extravagance knows no bounds' remark was meant as a joke, but considers that explanation to not be that credible - that Barbara had intended at the time to come up with a striking quote at the time, and that it blew back on her. Mr. Akin made a side note that Conrad's "extraordinary life" is being made evident in those character letters.
As of 1:05 PM ET, Mr. Akin remarked that the prosecution set up a "war room" in which all of Conrad's defiant remarks to the media were posted. Csr. Sussman has just tried to bring those remarks into the sentencing hearing, claiming that Conrad has showed "open contempt" for the process and that he was nefarious enough to defraud people he knew. He also claimed that Sir Elton doesn't know Conrad all that well (suggesting that Sir Elton was asked to dash off a letter and did so as an act of charity.) Mr. Akin added later that Sir Elton's mention of Conrad's charitable nature was based upon Conrad using corporate funds to make a donation. Csr. Frenkel noted that the open-contempt point may resonate with Judge St. Eve, as she used to be a prosecutor, but she hasn't shown any signs that she is pro-prosecution.
Ms. Todd noted that the decision in the 1982 SEC matter, which she read, contained a very definite warning to Conrad to steer clear of the American justice system. Csr. Frenkel noted, though, that the 1982 matter was at the civil level. Thus, it's not relevant to this matter, but may very well be relevant to further civil proceedings. Later, Ms. Todd noted that the judge is trying to be moderate so as to avoid having her decisions overturned in an appeals court. As of 1:16 PM ET, Mr. Akin reported that the procesution is trying to debunk the picture presented by the defense. They're also hammering away at the lack-of-remorse factor.
As of 1:21 PM ET, David Morton noted that the use of the sentencing guidelines makes the sentencing decision "bullet-proof" at the appeals level (from both sides.) The court is on break as of 1:25 PM ET. During that break, Ms. Crockatt made the point that Hollinger shares were undervalued because of the "Conrad Black factor" - to be specific, because Conrad was too frenetic a deal-maker and cut too many complicated deals. The analysts have difficulty figuring out what he was up to at any point in time.
Word is, Judge St. Eve has already decided on a sentence. After Conrad Black is sentenced, the other three will be too. It's almost a certainty that they'll all appeal. Bail, though, is questionable. According to Steve Skurka, bail requires a "substantial likelihood" that the appeal will succeed. According to his sources, this case doesn't meet that burden.
Paula Todd, also on CTV NewsNet, mentions that a victim-impact statement has been filed, although it is expected that the defense will argue that they haven't had sufficient time to read it.
CTV News has a webbed report on the day's events so far. At 11:02 AM ET, Jacob Frenkel speculated that the victim-impact statement wont' have much of an effect on the sentence, because (he presumes) the judge will remember that no victims appeared at trial.
According to BNN's Amanda Lang, the victim-impact statement - handed in late - will be dealt with first. The hearing, even not taking into account Conrad's speech, may take a few hours. She concurred that the important question that will be answered is whether or not Conrad rates bail.
BNN also had old Conrad Black biographer Peter C. Newman on. Mr. Newman speculated that Conrad's previous statement against the prosecutors will go against him, as will that consent decree. What he's watching for in any expression of remorse, or of at least regret. Pat Bolland point out that Conrad could offer to pay back something to Hollinger Int'l, which Mr. Newman said would help but not much. It may be too late for that. Mr. Newman also observed that David Radler's tactics were better than Conrad's. At the end of his segment, Mr. Newman pointed out that "you can't take the law into your own hands" when comparing Conrad Black with Robert Latimer. (Interestingly, that phrase is commonly applied to lynch mobs, not to outraged defendants.)
Back at CTV News, it was reported that the loss has been set at between 5 and 10 million dollars, meaning that the top sentence will not be applicable. Also, Conrad Black has never been convicted of a previous offense. Two levels in the sentencing count may have been added for "more than minimal planning." This suggests category A, for those not convicted of a previous offesne, level 22 (if more than minimal planning is added) or 23 (if the recently-proffered statement was accepted as an influence.) It wasn't said what sentence this point in the chart corresponds to.
David Akin reported that two levels were added to the base level of 20. One was added because Conrad was operating in Canada, implying that the pre-planning consideration has not been decided on yet. Maximum sentence is 35 years.
As of 11:31 AM ET, Eric Sussman is urging Judge St. Eve apply a serious sentence, through using the now-notorious E-mails. Csr. Skurka noted that the E-mails are not relevant to the charges that the jury voted "guilty" on.
Kate Wheeler just reported, at 11:35 AM ET, that the judge has ruled against the prosecutors with respect to their claim of the level of the fraud - it's going to be between 5 and 10 million. Also, she ruled that Csr. Sussman is bringing in points that should have been brought up at trial. According to Andrew Stoltmann, the prosecution needs a big sentence to consider it a win for them. (Later, Joan Crockatt noted that the Breeden Report did a lot more damage to her as a shareholder that Conrad Black did. She then compared, perhaps tongue in cheek, Richard Breeden to Lt. William Calley.)
The prosecution did win agreement from Judge St. Eve about the pre-planning issue. This adds two ticks on the chart. Also, the judge earlier rejected a delay for the defense to respond to the proffered victim-impact statement. She did, though, agree to use the less harsh 2000 sentence guidelines. As of 11:49 AM ET, Ms. Wheeler reported that the judge remarked that the civil cases pending against Conrad Black are irrelevant to this matter, and vice-versa.
As of 11:51 AM ET, Mr. Akin reported that Judge St. Eve noted that Mr. Radler swung a lot of authority himself, and Conrad's position as CEO did not mean that he knew of everything. But, she also decided that his role was more than minor.
As of 11:56 AM: Judge St. Eve has set the sentence range as between 6 and 8 years after going through the above-mentioned chart. Conrad is facing that amount of time, and will have to serve 85% of it. Ms. Todd noted later that this 6-to-8 years is a guideline, but Csr. Frenkel noted that, say, 7 years is less serious that what the prosecution was expecting. He also said that the prosecution can appeal the sentence as being too light. He also wondered out loud if the prosectution is taking some of this personally, as they did win a conviction.
According to Mr. Akin, as of 12:04 PM, the defense is arguing that Conrad Black is more than a mere top manager, as he built the company from the ground up. They also noted that his employees liked him well, and that there was a real business - not just a "shell game." He also noted that the present Conservative government has rejected all pleas from Canadians convicted in foreign courts to serve their time in Canada under Canadian rules. That's because, as Ms. Todd noted later, they've decided that a Canadian who got due process rights in another democratic country has no pressing need for repatriation. She also noted that Conrad is no longer a Canadian citizen.
David Akin reported that, with regard to the obstruction-of-justice charge, Edward Greenspan is arguing that Conrad was just reclaiming his personal property. He returned it later. [Note: This obstruction charge is over and above the 6-to-8 years noted above.] Ms. Crockatt noted that Conrad's "defiance" is largely in place to square with his appeal.
Mr. Akin also noted, as of 12:18 PM ET, that the defense has brought in the Rick Mercer show sketch in which Conrad appeared as evidence that he has a sense of humor. Also, the usual philanthropic arguments were made - and the defense has read a letter from Sir Elton John defending Conrad's character. (Ms. Todd later speculated that Conrad's attempt to appeal to the Caandian public may have ticked off Americans.)
Another letter read in court was from Laura Ingram, a cancer survivor. Also brought to the judge's notice was Conrad's support of Jewish causes. Yet another letter was sent in by Brian Mulroney, and read in court. A further letter read in court was from someone unknown who got a ride from Conrad Black when he was feeling ill.
On CBC News, Jacquie McNish noted that it would be untoward for Conrad to make a long statement, and opined that Conrad believes that he was persecuted because he has inadequate self-questioning skills. Ms. McNish further noted that Conrad identifies with famous people who have been stricken in some way. She also believes that he'll get through prison by writing. (CBC.ca has a written report on the sentencing guideline arrived at.)
Over at CTV News, Ms. Todd noted that Conrad is insinuating blame again - seemingly, regarding the bad press he had received - and the judge has noted that he seems to be avoiding responsibility for his own actions. Like others, Ms. Todd counterpointed Conrad Black with Martha Stewart. As of 12:44 PM ET, Mr. Akin reported that the defense is stressing Conrad's "humble beginnings." Csr. Frenkel noted four minutes later that these readings are par for the course at this stage in the game.
As of 12:55 PM ET, Ms. Crockatt noted that Barbara had claimed her 'extravagance knows no bounds' remark was meant as a joke, but considers that explanation to not be that credible - that Barbara had intended at the time to come up with a striking quote at the time, and that it blew back on her. Mr. Akin made a side note that Conrad's "extraordinary life" is being made evident in those character letters.
As of 1:05 PM ET, Mr. Akin remarked that the prosecution set up a "war room" in which all of Conrad's defiant remarks to the media were posted. Csr. Sussman has just tried to bring those remarks into the sentencing hearing, claiming that Conrad has showed "open contempt" for the process and that he was nefarious enough to defraud people he knew. He also claimed that Sir Elton doesn't know Conrad all that well (suggesting that Sir Elton was asked to dash off a letter and did so as an act of charity.) Mr. Akin added later that Sir Elton's mention of Conrad's charitable nature was based upon Conrad using corporate funds to make a donation. Csr. Frenkel noted that the open-contempt point may resonate with Judge St. Eve, as she used to be a prosecutor, but she hasn't shown any signs that she is pro-prosecution.
Ms. Todd noted that the decision in the 1982 SEC matter, which she read, contained a very definite warning to Conrad to steer clear of the American justice system. Csr. Frenkel noted, though, that the 1982 matter was at the civil level. Thus, it's not relevant to this matter, but may very well be relevant to further civil proceedings. Later, Ms. Todd noted that the judge is trying to be moderate so as to avoid having her decisions overturned in an appeals court. As of 1:16 PM ET, Mr. Akin reported that the procesution is trying to debunk the picture presented by the defense. They're also hammering away at the lack-of-remorse factor.
As of 1:21 PM ET, David Morton noted that the use of the sentencing guidelines makes the sentencing decision "bullet-proof" at the appeals level (from both sides.) The court is on break as of 1:25 PM ET. During that break, Ms. Crockatt made the point that Hollinger shares were undervalued because of the "Conrad Black factor" - to be specific, because Conrad was too frenetic a deal-maker and cut too many complicated deals. The analysts have difficulty figuring out what he was up to at any point in time.
Saturday, December 8, 2007
As The Sentencing Day Approaches...
...the prosecution has filed a report asking the book be thrown at Conrad Black. The reason, as stated in a 680 News business report, won't surprise veteran trial-watchers that much:
"Conrad Black's lack of remorse following his conviction for fraud and obstruction of justice should be factored into next week's sentencing and possibly result in a harsher punishment, U.S. prosecutors said.
"'To this day, Black maintains his offences of conviction were "rubbish" and "nonsense," and that the criminal justice system is "essentially a substitute for a wealth-redistribution policy,""' lead prosecutor Eric Sussman said in a court filing late Monday.
"'Black insists he did "absolutely nothing" wrong and that he has been 'unjustly convicted.' Indeed, Black's conduct makes clear that he would engage in the very same conduct again if given the opportunity.'"...
----------
In fact, a later report by Romina Maurino, webbed by the Globe and Mail, confirms what the prosecution has called his "lack of remorse:"
"Conrad Black will not back down, nor will he apologize...."
"Conrad Black's lack of remorse following his conviction for fraud and obstruction of justice should be factored into next week's sentencing and possibly result in a harsher punishment, U.S. prosecutors said.
"'To this day, Black maintains his offences of conviction were "rubbish" and "nonsense," and that the criminal justice system is "essentially a substitute for a wealth-redistribution policy,""' lead prosecutor Eric Sussman said in a court filing late Monday.
"'Black insists he did "absolutely nothing" wrong and that he has been 'unjustly convicted.' Indeed, Black's conduct makes clear that he would engage in the very same conduct again if given the opportunity.'"...
----------
In fact, a later report by Romina Maurino, webbed by the Globe and Mail, confirms what the prosecution has called his "lack of remorse:"
"Conrad Black will not back down, nor will he apologize...."
Friday, November 9, 2007
The Sentencing-Delay Matter
According to a CBC News report, Conrad Black's lawyers have asked for a delay of the sentencing, scheduled for November 30th, so as to have more time to reply to a prosecution pre-sentencing report. The report estimates that sentencing will take place in mid-December if such an extension is granted.
----------
It has been granted, but the extension was shorter than anticipated. The date of sentencing has been pushed back to December 10, according to a followup report posted at CBC.ca. "'I can accommodate that week,'." St. Eve said, according to a report."
----------
It has been granted, but the extension was shorter than anticipated. The date of sentencing has been pushed back to December 10, according to a followup report posted at CBC.ca. "'I can accommodate that week,'." St. Eve said, according to a report."
Monday, November 5, 2007
Rule 29 Motions Turned Down (Except On One Count)
According to this CBC News report, Judge St. Eve has dismissed a ruling for a new trial, and evidently ruled that none of the charges, except one against Mark Kipnis, should be thrown out. Mr. Kipnis got acquitted of one mail-fraud charge. The report, which was a re-webbing of an Associated Press story by Mike Robinson, didn't specify whether or not Judge St. Eve specifically ruled on the 29s, but the acquittal suggests that she did. This report by Ameet Sachdev of the Chicago Tribune suggests more strongly that the judge did in fact rule on the 29s as well as requests for re-trial. So, the only hope for Conrad and the others for re-trial or more acquittals is in the appeals they have in the works.
Tuesday, October 23, 2007
Juror Interview On CBC News
A report from CBC News outlines what one juror said about the deliberations, and why they were contentious: she herself stuck to the belief that Conrad Black was largely not guilty. According to the juror, postal worker Jean Kelly, nine out of the twelve jurors wanted to convict Conrad on all thirteen charges, and she held them back because she couldn't find criminal intent. "As days wore on, Kelly said the jurors, who deliberated for 16 days, were furious at her and two other jurors for holding out reaching a unanimous verdict...."
She also said that the evidence she was looking for to sway the rest of the jury was contained in the footnotes of a document. "The evidence was never presented by Black's own lawyers, she said.
"After Kelly made her case, the jurors changed their position from an original vote to convict on all charges to guilty on four charges."
She also said that the evidence she was looking for to sway the rest of the jury was contained in the footnotes of a document. "The evidence was never presented by Black's own lawyers, she said.
"After Kelly made her case, the jurors changed their position from an original vote to convict on all charges to guilty on four charges."
Tuesday, August 28, 2007
New Motion
According to this CBC report, Conrad Black has asked for a mistrial or an acquittal. It doesn't specify which judge this was asked of. A Bloomberg report quotes some of the words therein.
A more detailed report on this new development is at CTV.ca, which also notes that the motion is being considered by Judge St. Eve herself. It has some excerpts from post-trial interviews from two jurors. Romina Maurino also has a report giving reactions from several experts, who all conclude that the motion has little chance of succeeding. Ms. Maurino's report also notes that this motion is actually one of two, the other being a motion for plain acquittal, and that each defendant has filed a similar motion. The prosecution has until September 17th to respond.
A more detailed report on this new development is at CTV.ca, which also notes that the motion is being considered by Judge St. Eve herself. It has some excerpts from post-trial interviews from two jurors. Romina Maurino also has a report giving reactions from several experts, who all conclude that the motion has little chance of succeeding. Ms. Maurino's report also notes that this motion is actually one of two, the other being a motion for plain acquittal, and that each defendant has filed a similar motion. The prosecution has until September 17th to respond.
Wednesday, August 15, 2007
Result of the Second Custody Hearing
According to CTV NewsNet, Judge St. Eve has ruled that Conrad Black cannot go back to Canada. The original conditions imposed upon him in the first custody hearing stand, as well as the freedoms he had gotten. She did stipulate that she may change her mind if Conrad can scrape up more money for bail - in fact, the reason why she let her earlier decision stand was Conrad's refusal, or inability, to put up more bail money.
The Toronto Star has webbed a brief written report on the decision that also includes the name of Conrad Black's lead appeal lawyer. A more detailed one, by Theresa Tedesco, has been webbed by the National Post. It quotes Judge St. Eve as saying in her decision: "'With no additional assets and the uncertainty of the extradition process, I am not convinced that you have met your burden.'"
Some details on the arguments used by each side are in this Bloomberg report, written by Andrew Harris, as there are in this detailed Reuters report by Andrew Stern.
Also, Susan Berger has a report on the second hearing that's been webbed by CBC News.
More news reports can be found through Google News.
The Toronto Star has webbed a brief written report on the decision that also includes the name of Conrad Black's lead appeal lawyer. A more detailed one, by Theresa Tedesco, has been webbed by the National Post. It quotes Judge St. Eve as saying in her decision: "'With no additional assets and the uncertainty of the extradition process, I am not convinced that you have met your burden.'"
Some details on the arguments used by each side are in this Bloomberg report, written by Andrew Harris, as there are in this detailed Reuters report by Andrew Stern.
Also, Susan Berger has a report on the second hearing that's been webbed by CBC News.
More news reports can be found through Google News.
Thursday, July 19, 2007
The Verdict: Conrad Black and Canada
The entire episode of tonight's installment of The Verdict was devoted to discussing the implications of Judge St. Eve’s decision to let Conrad stay out of jail until his sentencing, provided that he stays in the Northern District of Illinois or the state of Florida, and to revisit the amount of the bail and the return-to-Canada issue on August 1st.
The first guest was Joy Malbon, who reported on the hearing and the outcome. She noted that he didn’t get treated the same as his co-defendants, but he seems happy with the results. The asset itemization, in preparation for the August 1st hearing, may lead to Conrad being allowed to return to Canada. She also said that the prosecution had put up a real fight.
Next were Canadian immigration lawyers Richard Kurland and former prosecutor Jacob Frenkel. Csr. Kurland said that he was glad that Conrad will not be free to return to Canada at this time. The Minister of Citizenship and Immigration may cancel the temporary resident permit; if she doesn’t, then a message will be indirectly sent to Judge St. Eve. Csr. Frenkel noted that the prosecution basically lost this round. He also spelled out what would happen if Conrad ducked out: a serious chase, which may not be worth it to Lord Black. Csr. Kurland added that Canada might not take the risk of offending the Americans. Csr. Frenkel added that this point makes Canada a poor risk as a flight destination; a better risk would be a country headed up by a dictator that’s not friendly with the U.S. The judge is trying to find the optimal amount that would guarantee that Conrad will show up. Part of Csr. Kurland’s observations made reference to Lord Black giving up his Canadian citizenship. He also noted that there was a material change in the circumstances, which both gives grounds for a revocation of the temporary resident permit and for a serious think-over come renewal time. (For Conrad, it’s November 27th.) Csr. Frenkel noted that Judge St. Eve has “extended a real courtesy” to Conrad by not increasing the bond today.
The next two guests, discussing the asset search launched by the government, were Paul Waldie and Al Rosen, a forensic accountant. Mr. Waldie said that we don’t know how much money Conrad has, but it probably isn’t that much. Mr. Rosen mentioned some plausible destination for any hidden assets, such as the Channel Islands, Switzerland, or the Turks and Caicos islands. Mr. Waldie mentioned two offshore companies already known, both set up for tax reasons, after saying that he wouldn’t be surprised if some hidden assets are uncovered. Conrad is likely to have set some money aside for his family, according to Mr. Waldie; Mr. Rosen concurred. He also added that there’s a time limit on such searches: in a civil case, the time-length of the search cannot extend beyond the timeframe of actions mentioned in the lawsuit. Both said that there are legal obstacles to seizing any found assets, especially for kids’ trusts. Ms. Todd then shifted the subject shifted to legal fees. With regard to Hollinger International reclaiming the fees advanced to Lord Black for his defense, Mr. Waldie noted that the company doesn’t have much of a leg to stand on as of now, because an appeal is pending. He ended by noting that there have been many a slip ‘tween the bill and the payment in cases like this. The shareholders of Hollinger Int’l are likely to get nothing back
The next segment dealt with David Radler’s attempt to rebuild his fortune. The two guests that were on to discuss it were Joan Crockett and Matthew McClearn. Ms. Crockett said that Mr. Radler is an inveterate dealmaker, and is money-driven. Mr. McClearn noted that Mr. Radler’s chief asset is his interest in Horizon Publications, and has a lot of expertise in managing small community newspapers; he also has quite a bit of money left. Ms. Crockett then said that Mr. Radler has to come back as the head of a private company, as he is banned from heading up a public company. He is very focused on cost-cutting by habit. Regarding the effect on the quality of the newspapers, Mr. McClearn noted that newspapers at this level are run on the cheap anyway. Ms. Todd then asked Ms. Crockett how much Mr. Radler cares about journalism; she replied that Mr. Radler will be guided by the market with respect to this factor. Mr. McClearn chimed in by adding that running small newspapers on the cheap is David Radler’s métier, and Ms. Crockett then added that Mr. Radler’s daughter, who owns a few newspapers herself, doesn’t.
In her closing editorial, Ms. Todd noted that the show began with the beginning of the Conrad Black trial and reviewed what’s been aired since then. She ended by noting that The Verdict will be taking a hiatus until September 4th.
[This episode of The Verdict will be broadbanded as of 10:30 pm tonight. I don't know how long it'll stay up; it might be broadbanded until the resumption of the show on September 4th.]
The first guest was Joy Malbon, who reported on the hearing and the outcome. She noted that he didn’t get treated the same as his co-defendants, but he seems happy with the results. The asset itemization, in preparation for the August 1st hearing, may lead to Conrad being allowed to return to Canada. She also said that the prosecution had put up a real fight.
Next were Canadian immigration lawyers Richard Kurland and former prosecutor Jacob Frenkel. Csr. Kurland said that he was glad that Conrad will not be free to return to Canada at this time. The Minister of Citizenship and Immigration may cancel the temporary resident permit; if she doesn’t, then a message will be indirectly sent to Judge St. Eve. Csr. Frenkel noted that the prosecution basically lost this round. He also spelled out what would happen if Conrad ducked out: a serious chase, which may not be worth it to Lord Black. Csr. Kurland added that Canada might not take the risk of offending the Americans. Csr. Frenkel added that this point makes Canada a poor risk as a flight destination; a better risk would be a country headed up by a dictator that’s not friendly with the U.S. The judge is trying to find the optimal amount that would guarantee that Conrad will show up. Part of Csr. Kurland’s observations made reference to Lord Black giving up his Canadian citizenship. He also noted that there was a material change in the circumstances, which both gives grounds for a revocation of the temporary resident permit and for a serious think-over come renewal time. (For Conrad, it’s November 27th.) Csr. Frenkel noted that Judge St. Eve has “extended a real courtesy” to Conrad by not increasing the bond today.
The next two guests, discussing the asset search launched by the government, were Paul Waldie and Al Rosen, a forensic accountant. Mr. Waldie said that we don’t know how much money Conrad has, but it probably isn’t that much. Mr. Rosen mentioned some plausible destination for any hidden assets, such as the Channel Islands, Switzerland, or the Turks and Caicos islands. Mr. Waldie mentioned two offshore companies already known, both set up for tax reasons, after saying that he wouldn’t be surprised if some hidden assets are uncovered. Conrad is likely to have set some money aside for his family, according to Mr. Waldie; Mr. Rosen concurred. He also added that there’s a time limit on such searches: in a civil case, the time-length of the search cannot extend beyond the timeframe of actions mentioned in the lawsuit. Both said that there are legal obstacles to seizing any found assets, especially for kids’ trusts. Ms. Todd then shifted the subject shifted to legal fees. With regard to Hollinger International reclaiming the fees advanced to Lord Black for his defense, Mr. Waldie noted that the company doesn’t have much of a leg to stand on as of now, because an appeal is pending. He ended by noting that there have been many a slip ‘tween the bill and the payment in cases like this. The shareholders of Hollinger Int’l are likely to get nothing back
The next segment dealt with David Radler’s attempt to rebuild his fortune. The two guests that were on to discuss it were Joan Crockett and Matthew McClearn. Ms. Crockett said that Mr. Radler is an inveterate dealmaker, and is money-driven. Mr. McClearn noted that Mr. Radler’s chief asset is his interest in Horizon Publications, and has a lot of expertise in managing small community newspapers; he also has quite a bit of money left. Ms. Crockett then said that Mr. Radler has to come back as the head of a private company, as he is banned from heading up a public company. He is very focused on cost-cutting by habit. Regarding the effect on the quality of the newspapers, Mr. McClearn noted that newspapers at this level are run on the cheap anyway. Ms. Todd then asked Ms. Crockett how much Mr. Radler cares about journalism; she replied that Mr. Radler will be guided by the market with respect to this factor. Mr. McClearn chimed in by adding that running small newspapers on the cheap is David Radler’s métier, and Ms. Crockett then added that Mr. Radler’s daughter, who owns a few newspapers herself, doesn’t.
In her closing editorial, Ms. Todd noted that the show began with the beginning of the Conrad Black trial and reviewed what’s been aired since then. She ended by noting that The Verdict will be taking a hiatus until September 4th.
[This episode of The Verdict will be broadbanded as of 10:30 pm tonight. I don't know how long it'll stay up; it might be broadbanded until the resumption of the show on September 4th.]
Update: The Custody Hearing - Not Quite Free
According to a report by Romina Maurino, as webbed by 680 News, the prosecution filed a lengthy request for Conrad Black to be put in custody, as they consider him to be a "flight risk," and note that he's technically in violation of his bond conditions because he's technically in default on the mortgage of his Palm Beach home. (Not mentioned is whether or not the lender of the U.S. government would have first claim if any foreclosure proceedings were undertaken; given the general clime of U.S. law, particularly tax law, it might very well be the government.) The prosecution's filing also mentions the possibility of truculence on the part of the Canadian government with respect to an extradition hearing. A report by Barbara Schachter, as webbed by the Financial Post, adds that the prosecutors have, to support their claim with respect to the Canadian court system being refractory, an opinion from Barbara Kothe, a lawyer with the Justice Department's International Assistance Group, who claimed that the hearing would have to be a cross-border dealie conducted by a Canadian court: "'In our view, a waiver or content to extradition entered into before a foreign court would not satisfy the requirements of the Extradition Act, which requires a fresh consent or waiver before an extradition judge after extradition proceedings have been commenced,' Ms. Kothe wrote in a letter dated July 18." Paul Waldie's own report, webbed by the Globe and Mail, emphasizes this further reason supplied by Eric Sussman: "'While the government does not believe that Black poses a danger to the community, Black's conduct from the outset of these proceedings has demonstrated a lack of respect for the conditions of his release and the entire judicial process,' Mr. Sussman said in the filing."
According to a report aired by CTV NewsNet at 4:01 PM, Judge St. Eve asked if Conrad has any more money to meet an increased bond. Paula Todd took it as a significant sign that Judge St. Eve wants to tighten up the bail terms. She also reported that Conrad's defense has argued that there are no unfrozen assets available, and that prosecutors have secured an investigative team to find any hidden assets, all over the world. This investigation will also determine whether or not he has tucked away any money in his wife's and/or kids' names. Rosemary Thompson confirmed what Ms. Todd said earlier. She also interviewed Stephen Komie, who said that the inquiry into asset ownership is "standard procedure." Ms. Thompson also reported that the supposed 'mercy' shown by the prosectors has evaporated; they're now asking for 24 or 25 to 30 years. Csr. Comie supplied the 'as expected' context.
The defense has further argued, according to Ms. Thompson at about 4:30 PM ET, that Conrad Black is too known in Canada to hide out anywhere. She also noted that the hearing could take quite a while. Ms. Todd also reported that Judge St. Eve knows, through prior experience, that it can take years to extradite someone from Canada. She is also asking if an extradition would be enforcible. Ms. Thompson further reported that Csr. Sussman has argued that Conrad had violated a Canadian court order, holding it to be evidence of the flimsiness of Conrad's word. [CTV News has webbed a report on the hearing.]
A later report, also webbed by 680 News, has more detail on the additional-assets issue. Eddie Greenspan has argued that it is unlikely that an Ontario court would release assets so as to post an increase in the bond. "St. Eve said she wasn't ordering Black to disturb his settlement, adding: 'My question is: are there other assets that can be posted, even if it requires going back and asking the Canadian court's permission? I was hoping you would have some kind of good-faith proposal to post other assets.'"
In an update on CTV NewsNet aired at about 4:51 PM ET, Ms. Todd has passed on an inside report on the decision from Joy Malbon: Conrad doesn't have to go to jail, but he must stay in the Northern District of Illinois, or in Florida. He will be allowed to keep his passport. Ms. Todd commented that it was a "balanced" decision, as is typical for Judge St. Eve. In addition, as reported by Ms. Thompson from Ms. Malbon, Conrad has to make regular reports to a pre-trial officer before moving away from the Illinios northern district. The judge also said that she has insufficient assurance that Conrad will not launch an extradition fight should he move to Canada.
A further update, aired by CTV NewsNet at 5 PM, the bail hearing is over. Conrad Black is free on bail; can go to Florida but not must otherwise move from the Northern District of Illinois; has to report to a pre-trial officer [or bail officer]; and, must show up for a hearing on August 1st on his assets, which will decide whether or not he can go back to Canada. Ms. Todd reported that this gives Conrad about two weeks to get an accurate and transparent report on his finances.
Another report from Canadian Press, also webbed by 680 News, carries the same particulars. So does Mr. Waldie's latest; it also adds that "Judge Amy St. [Eve] said she wants more information on his assets and whether Lord Black can surrender his passport to Canadian Border Service Agency officials if he is eventually allowed to return to Canada."
Dan Matheson also reported on CTV NewsNet, as of 5:11 PM ET, that Conrad Black has amassed a bill of approximately $62 million in legal fees. Ms. Thompson had a quote from a post-hearing conference from Edward Genson, who called Judge St. Eve "a very reasonable woman." Conrad Black left the courtroom at 5:25 PM ET. He said nothing while exiting. Csr. Genson had little to say also, except for fencing and jollities, and Csr. Greenspan had little to say also.
Theresa Tedesco has written a report on the entire bail hearing, as webbed by the Financial Post. Another report has been webbed by CBC News, which notes that Conrad Black's passport is still in the court's possession.
----------
Mark Steyn has kept up his Maclean's Conrad Black trial blog, and has posted an entry on the bail hearing entitled "Limiting Options," in which he outlines why he is not satisfied with the judgement reached.
Douglas Bell, in the Toronto Life Conrad Black trial blog, continues his people watching at the courtroom.
Matthew McClearn, in the Canadian Business Black trial blog, has (as of Thurdsay afternoon) no comment after the one posted last Saturday, entitled "Requiem for the Fallen."
Finally, veteran CBC News pundit Larry Zolf has written an open letter, as webbed by the Ottawa Citizen, to Prime Minister Harper asking him to make Conrad a Canadian citizen. Mr. Zolf also identifies his political affilaition therein...
According to a report aired by CTV NewsNet at 4:01 PM, Judge St. Eve asked if Conrad has any more money to meet an increased bond. Paula Todd took it as a significant sign that Judge St. Eve wants to tighten up the bail terms. She also reported that Conrad's defense has argued that there are no unfrozen assets available, and that prosecutors have secured an investigative team to find any hidden assets, all over the world. This investigation will also determine whether or not he has tucked away any money in his wife's and/or kids' names. Rosemary Thompson confirmed what Ms. Todd said earlier. She also interviewed Stephen Komie, who said that the inquiry into asset ownership is "standard procedure." Ms. Thompson also reported that the supposed 'mercy' shown by the prosectors has evaporated; they're now asking for 24 or 25 to 30 years. Csr. Comie supplied the 'as expected' context.
The defense has further argued, according to Ms. Thompson at about 4:30 PM ET, that Conrad Black is too known in Canada to hide out anywhere. She also noted that the hearing could take quite a while. Ms. Todd also reported that Judge St. Eve knows, through prior experience, that it can take years to extradite someone from Canada. She is also asking if an extradition would be enforcible. Ms. Thompson further reported that Csr. Sussman has argued that Conrad had violated a Canadian court order, holding it to be evidence of the flimsiness of Conrad's word. [CTV News has webbed a report on the hearing.]
A later report, also webbed by 680 News, has more detail on the additional-assets issue. Eddie Greenspan has argued that it is unlikely that an Ontario court would release assets so as to post an increase in the bond. "St. Eve said she wasn't ordering Black to disturb his settlement, adding: 'My question is: are there other assets that can be posted, even if it requires going back and asking the Canadian court's permission? I was hoping you would have some kind of good-faith proposal to post other assets.'"
In an update on CTV NewsNet aired at about 4:51 PM ET, Ms. Todd has passed on an inside report on the decision from Joy Malbon: Conrad doesn't have to go to jail, but he must stay in the Northern District of Illinois, or in Florida. He will be allowed to keep his passport. Ms. Todd commented that it was a "balanced" decision, as is typical for Judge St. Eve. In addition, as reported by Ms. Thompson from Ms. Malbon, Conrad has to make regular reports to a pre-trial officer before moving away from the Illinios northern district. The judge also said that she has insufficient assurance that Conrad will not launch an extradition fight should he move to Canada.
A further update, aired by CTV NewsNet at 5 PM, the bail hearing is over. Conrad Black is free on bail; can go to Florida but not must otherwise move from the Northern District of Illinois; has to report to a pre-trial officer [or bail officer]; and, must show up for a hearing on August 1st on his assets, which will decide whether or not he can go back to Canada. Ms. Todd reported that this gives Conrad about two weeks to get an accurate and transparent report on his finances.
Another report from Canadian Press, also webbed by 680 News, carries the same particulars. So does Mr. Waldie's latest; it also adds that "Judge Amy St. [Eve] said she wants more information on his assets and whether Lord Black can surrender his passport to Canadian Border Service Agency officials if he is eventually allowed to return to Canada."
Dan Matheson also reported on CTV NewsNet, as of 5:11 PM ET, that Conrad Black has amassed a bill of approximately $62 million in legal fees. Ms. Thompson had a quote from a post-hearing conference from Edward Genson, who called Judge St. Eve "a very reasonable woman." Conrad Black left the courtroom at 5:25 PM ET. He said nothing while exiting. Csr. Genson had little to say also, except for fencing and jollities, and Csr. Greenspan had little to say also.
Theresa Tedesco has written a report on the entire bail hearing, as webbed by the Financial Post. Another report has been webbed by CBC News, which notes that Conrad Black's passport is still in the court's possession.
----------
Mark Steyn has kept up his Maclean's Conrad Black trial blog, and has posted an entry on the bail hearing entitled "Limiting Options," in which he outlines why he is not satisfied with the judgement reached.
Douglas Bell, in the Toronto Life Conrad Black trial blog, continues his people watching at the courtroom.
Matthew McClearn, in the Canadian Business Black trial blog, has (as of Thurdsay afternoon) no comment after the one posted last Saturday, entitled "Requiem for the Fallen."
Finally, veteran CBC News pundit Larry Zolf has written an open letter, as webbed by the Ottawa Citizen, to Prime Minister Harper asking him to make Conrad a Canadian citizen. Mr. Zolf also identifies his political affilaition therein...
Wednesday, July 18, 2007
Reactions Of My Own
I've written a short piece for the webzine Enter Stage Right, advocating that Conrad Black be offered Canadian citizenship by Cabinet order. A recent CBC News report indicates that there isn't a good chance of it coming to pass, though.
Another, more jaundiced, piece has been webbed by LewRockwell.com, which expresses my distaste for the general use of the "ostrich instruction." The indirect effects should be interesting to watch, though...
Another, more jaundiced, piece has been webbed by LewRockwell.com, which expresses my distaste for the general use of the "ostrich instruction." The indirect effects should be interesting to watch, though...
Monday, July 16, 2007
Final Media Roundup: News and Reactions
The Conrad Black trial, as well as the trial of the other three defendants, is now over except for Conrad Black's bail hearing and the sentencing. The latter is scheduled for November 30th, and the bail hearing for Conrad Black is set for next Thursday. All four defendants were found guilty of counts 1, 6 and 7 in the indictment, and Conrad Black was also found guilty of the obstruction-of justice charge. The first three counts pertained to the non-compete payments associated with the sale of newspapers from American Publishing to Horizon Publishing.
These reports have been selected from the slew of the ones just issued, with a bias towards the regulars on the trial beat. Since the trial is over, with those two exceptions mentioned above, the entries in this blog will be slowing to a trickle. To those who have read it, I thank you all for stopping by. To the commenters, especially "nala" and those anonymous ones which I couldn't quite place, it was enjoyable reading, and mostly responding, to them.
Here is a selected list of the media reports on the outcome of the trial:
1. The indefatigable Paul Waldie, along with relative newcomer Tara Perkins, have written a report that covers the verdict; the defendants' reaction to it; the potential sentence of 35 years and a $1 million fine for Conrad Black; statements from both Eddie Greenspan and Edward Genson, which contained a public notice that Conrad will file an appeal; a declining of the opportunity to talk afterward by Conrad himself; the obervation that this case represents a "huge victory" for Eric Sussman and the others; and, a note that Conrad has waived his right to a jury assessment in the forfeiture matter. This report also contains several links to related articles, and the Globe's Conrad Black section has more.
2. The National Post has several stories on the trial, accessible from its home page today and from the Financial Post's Conrad Black trial portal page, which should be a more durable entry point. The main report, by Mary Vallis, also carries the verdict, potential sentence for Conrad, statements from both of his chief co-counsels, and the custody hearing. It also carries part of the statement made by Patrick J. Fitzgerald. There are also comments from a few observers, as well as some background.
3. Another regular, the reliable Romina Maurino, has written an extensive report entitled "Black to appeal fraud and obstruction convictions, lawyer says." Her report goes into some detail about Conrad's reaction to the verdict, and also mentions that the total amount covered by the charges for which convictions were gotten is US$3.5 million. The rest of the her report recaps the case, has more details on the first part of the bail hearing, and goes through the verdict count by count, defendant by defendant.
4. The report webbed by CTV News covers all the events of the day, and quotes Patrick J. Fitzgerald's intent to pursue 188 to 235 months' worth of sentence for Conrad Black. On the right hand side is a double-digit number of links to broadbanded video clips covering the trial. Several trial watchers, including Paula Todd, are quoted in it.
5. CBC News has a report out also. In addition to including the main parts of the story, it also mentions that the July 19th date for the custody hearing was set at the request of Csr. Greenspan. After summarizing the case, it quotes an expert who brings up the complicated nature of it.
6. The Toronto Star's special Conrad Black section has several stories and columns relating to the verdict.
7. The report by Ameet Sachdev of the Chicago Tribune notes that Conrad intends to return to Toronto to wait for the sentencing hearing, but has agreed to surrender his British passport until his custody hearing is over.
8. The report co-written by another regular, "Day One 'er" Mary Wisniewski, starts off with: "In a brutal downfall, former media tycoon Conrad Black will be going from a mansion to a prison cell as a jury on Friday convicted him of three counts of mail fraud and one count of obstruction of justice as part of a scam to rip off shareholders." It notes that none of the defendants cried when the verdict was read; neither did Barbara nor Alana.
9. The heavily-updated Bloomberg report, by Andrew Harris and Joe Schneider, has a thorough recap of both the prosecution's and defense's cases after reporting on the verdict itself.
10. Andrew Stern, the "Day One'er" from Reuters, covers the entire day's events in his report.
11. Mike Robinson is back on the trial beat for the Associated Press, as webbed by Forbes.com. His extensive report includes reactions from two experts, both veteran trial-watchers.
12. Andrew Clark of the Guardian describes Conrad looking "pale and drawn" as the verdict was read out. He also includes this description of Barbara and Alana at the same time: "Shielded by a US marshal, Black's wife, Barbara Amiel, leant over her grimacing husband with words of comfort while Black's daughter, Alana, glared straight ahead with her arms folded across her chest." An expert is quited in it, and it ends with a description of Conrad Black as he arrived at the Chicago courthouse at about 10 AM CT, or 11 AM ET.
13. A special episode of The Verdict was devoted to the Conrad Black trial. One of the first guests was Tom Bower, who appeared after a jury expert and a former prosecutor did. Peter C. Newman was another guest. It will be broadbanded at about 10:30 PM, and will be available until about 10:30 PM on July 14th.
14. Maclean's has prepared a roundup of media reactions from around the globe.
15. The Times Online has webbed James Bone's report, which mentions that Lord Black no longer has the right to sit as a Tory in the House of Lords.
16. Ms. Romino has written a capsule biography of Conrad Black which starts with the verdict and ends with a couple of commenters on his character.
17. Another profile has been written by Stephen Foley of the Independent, which presents Conrad's tragic flaw as the need to be cleverer than anyone.
18. Jacquie McNish, in the Globe, fingers Conrad Black as too proud for his own good - the type of pride that goes with blaming others when things go wrong.
19. The Guardian has webbed two opinion pieces in the "Comment Is Free" section: one contains in its end a plea for a law that would strip peers who become "serious convicts" of their titles; the second, by Kim Fletcher, says that Conrad isn't as bad as Robert Maxwell was.
20. Janet Whitman, of the New York Post, has written a report entitled "Black Bagged: Guilty on 4 Counts; Faces 35 Years In Jail."
21. Both Peter Worthington and Joe Warmington are columnists who have intermittently covered the trial. Mr. Worthington's reaction to the verdict consists of his impressions of the major participants and events in the trial. At its end, he invites the reader to decide for him- or herself whether justice has been done. Mr. Warmington begins by describing the reaction in the courtroom as the verdict was read out, including Conrad Black's, and then quotes from the statement by Patrick J. Fitzgerald. He end by describing the bail hearing, and discussing the likely sentence.
22. Susan Berger, as webbed by CBC News, has a report on the verdict reading as well.
If you would like to explore further, a Google news link, entitled "Conrad Black trial links for today," will call up quite a few.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, ends the post-sentencing-day-announcement post with this sentence: "Truly, the ways of US justice are a wonder to behold."
Douglas Bell, in the Toronto Life Conrad Black trial blog, has written an eyewitness account of the verdict being read, with a little perspective at the end of it.
The third media blogger regularly featured in this space, Matthew McClearn, has written for the Canadian Business Black trial blog a summing-up entitled "Nemesis" which recounts the initial part of Conrad Black's custody/bail hearing after the verdict was delivered.
The entry in the "Black Board" that's devoted to the verdict excerpts material found in another Post blog, "Posted," and itemizes the verdict for each defendant and each of the charges.
Finally, Steve Skurka has written a reflective summing-up entry in "The Crime Sheet" which in part details how he came to terms with his erroneous prediction of the outcome.
These reports have been selected from the slew of the ones just issued, with a bias towards the regulars on the trial beat. Since the trial is over, with those two exceptions mentioned above, the entries in this blog will be slowing to a trickle. To those who have read it, I thank you all for stopping by. To the commenters, especially "nala" and those anonymous ones which I couldn't quite place, it was enjoyable reading, and mostly responding, to them.
Here is a selected list of the media reports on the outcome of the trial:
1. The indefatigable Paul Waldie, along with relative newcomer Tara Perkins, have written a report that covers the verdict; the defendants' reaction to it; the potential sentence of 35 years and a $1 million fine for Conrad Black; statements from both Eddie Greenspan and Edward Genson, which contained a public notice that Conrad will file an appeal; a declining of the opportunity to talk afterward by Conrad himself; the obervation that this case represents a "huge victory" for Eric Sussman and the others; and, a note that Conrad has waived his right to a jury assessment in the forfeiture matter. This report also contains several links to related articles, and the Globe's Conrad Black section has more.
2. The National Post has several stories on the trial, accessible from its home page today and from the Financial Post's Conrad Black trial portal page, which should be a more durable entry point. The main report, by Mary Vallis, also carries the verdict, potential sentence for Conrad, statements from both of his chief co-counsels, and the custody hearing. It also carries part of the statement made by Patrick J. Fitzgerald. There are also comments from a few observers, as well as some background.
3. Another regular, the reliable Romina Maurino, has written an extensive report entitled "Black to appeal fraud and obstruction convictions, lawyer says." Her report goes into some detail about Conrad's reaction to the verdict, and also mentions that the total amount covered by the charges for which convictions were gotten is US$3.5 million. The rest of the her report recaps the case, has more details on the first part of the bail hearing, and goes through the verdict count by count, defendant by defendant.
4. The report webbed by CTV News covers all the events of the day, and quotes Patrick J. Fitzgerald's intent to pursue 188 to 235 months' worth of sentence for Conrad Black. On the right hand side is a double-digit number of links to broadbanded video clips covering the trial. Several trial watchers, including Paula Todd, are quoted in it.
5. CBC News has a report out also. In addition to including the main parts of the story, it also mentions that the July 19th date for the custody hearing was set at the request of Csr. Greenspan. After summarizing the case, it quotes an expert who brings up the complicated nature of it.
6. The Toronto Star's special Conrad Black section has several stories and columns relating to the verdict.
7. The report by Ameet Sachdev of the Chicago Tribune notes that Conrad intends to return to Toronto to wait for the sentencing hearing, but has agreed to surrender his British passport until his custody hearing is over.
8. The report co-written by another regular, "Day One 'er" Mary Wisniewski, starts off with: "In a brutal downfall, former media tycoon Conrad Black will be going from a mansion to a prison cell as a jury on Friday convicted him of three counts of mail fraud and one count of obstruction of justice as part of a scam to rip off shareholders." It notes that none of the defendants cried when the verdict was read; neither did Barbara nor Alana.
9. The heavily-updated Bloomberg report, by Andrew Harris and Joe Schneider, has a thorough recap of both the prosecution's and defense's cases after reporting on the verdict itself.
10. Andrew Stern, the "Day One'er" from Reuters, covers the entire day's events in his report.
11. Mike Robinson is back on the trial beat for the Associated Press, as webbed by Forbes.com. His extensive report includes reactions from two experts, both veteran trial-watchers.
12. Andrew Clark of the Guardian describes Conrad looking "pale and drawn" as the verdict was read out. He also includes this description of Barbara and Alana at the same time: "Shielded by a US marshal, Black's wife, Barbara Amiel, leant over her grimacing husband with words of comfort while Black's daughter, Alana, glared straight ahead with her arms folded across her chest." An expert is quited in it, and it ends with a description of Conrad Black as he arrived at the Chicago courthouse at about 10 AM CT, or 11 AM ET.
13. A special episode of The Verdict was devoted to the Conrad Black trial. One of the first guests was Tom Bower, who appeared after a jury expert and a former prosecutor did. Peter C. Newman was another guest. It will be broadbanded at about 10:30 PM, and will be available until about 10:30 PM on July 14th.
14. Maclean's has prepared a roundup of media reactions from around the globe.
15. The Times Online has webbed James Bone's report, which mentions that Lord Black no longer has the right to sit as a Tory in the House of Lords.
16. Ms. Romino has written a capsule biography of Conrad Black which starts with the verdict and ends with a couple of commenters on his character.
17. Another profile has been written by Stephen Foley of the Independent, which presents Conrad's tragic flaw as the need to be cleverer than anyone.
18. Jacquie McNish, in the Globe, fingers Conrad Black as too proud for his own good - the type of pride that goes with blaming others when things go wrong.
19. The Guardian has webbed two opinion pieces in the "Comment Is Free" section: one contains in its end a plea for a law that would strip peers who become "serious convicts" of their titles; the second, by Kim Fletcher, says that Conrad isn't as bad as Robert Maxwell was.
20. Janet Whitman, of the New York Post, has written a report entitled "Black Bagged: Guilty on 4 Counts; Faces 35 Years In Jail."
21. Both Peter Worthington and Joe Warmington are columnists who have intermittently covered the trial. Mr. Worthington's reaction to the verdict consists of his impressions of the major participants and events in the trial. At its end, he invites the reader to decide for him- or herself whether justice has been done. Mr. Warmington begins by describing the reaction in the courtroom as the verdict was read out, including Conrad Black's, and then quotes from the statement by Patrick J. Fitzgerald. He end by describing the bail hearing, and discussing the likely sentence.
22. Susan Berger, as webbed by CBC News, has a report on the verdict reading as well.
If you would like to explore further, a Google news link, entitled "Conrad Black trial links for today," will call up quite a few.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, ends the post-sentencing-day-announcement post with this sentence: "Truly, the ways of US justice are a wonder to behold."
Douglas Bell, in the Toronto Life Conrad Black trial blog, has written an eyewitness account of the verdict being read, with a little perspective at the end of it.
The third media blogger regularly featured in this space, Matthew McClearn, has written for the Canadian Business Black trial blog a summing-up entitled "Nemesis" which recounts the initial part of Conrad Black's custody/bail hearing after the verdict was delivered.
The entry in the "Black Board" that's devoted to the verdict excerpts material found in another Post blog, "Posted," and itemizes the verdict for each defendant and each of the charges.
Finally, Steve Skurka has written a reflective summing-up entry in "The Crime Sheet" which in part details how he came to terms with his erroneous prediction of the outcome.
Friday, July 13, 2007
The Verdict Has Arrived
According to a BNN news flash, a verdict has been announced in the Conrad Black trial. Here it is:
Conrad Black
Count 1: Guilty
Count 5: Not Guilty
Count 6: Guilty
Count 7: Guilty
Count 8: Not guilty
Count 9: Not guilty
Count 10: Not guilty
Count 11: Not guilty
Count 12: Not guilty.
Count 13 [Obstruction]: Guilty
Count 15: Not guilty
Count 16: Not guilty.
Jack Boultbee
Guilty on counts 1, 6 and 7. [Apologies for the earlier inaccuracy.]
Peter Atkinson:
Guilty on counts 1, 6 and 7.
Mark Kipnis:
Guilty on counts 1, 6 and 7.
A complete list of charges is here. 1 and 6 relate directly to the American Publishing sale, and Count 7 does so indirectly. CBS2 Chicago has a roundup of its own.
The Bloomberg report on the verdict has a little commentary on it, and a broader background which also recounts previous corporate-fraud convictions. It also quotes Jacob Frenkel as saying, "'The government overcame a very shaky start to win this case... They were able to pull a rabbit out of the hat.'''
On BNN, Terry Sullivan said that he believed that the security camera tape was what won the jury over. There was also a tally of the potential sentences each defendant faced; Conrad Black, 35, Peter Atkinson, 10, and the others, 15. All will go to a medium-security prison if the convictions stand up to appeal. But, Judge St. Eve has the option of concurrent sentences for the mail-and-wire-fraud charges, so the other three defendants could face only 5 years in minimum security should the convictions survive the appeal process. Conrad would still face 25 years.
Two other reports on the outcome are from Ameet Sachdev of the Chicago Tribune, who includes some background on Conrad Black himself, and from CanWest, as webbed by the Vancouver Sun, which adds some background from the case itself.
Reuters has webbed both a report on the verdict, written by Andrew Stern, and a timeline of Conrad Black's life.
Romina Maurino's report, as webbed by 680 News, begins with: "Conrad Black fixed jurors with a venomous stare as they found the former press mogul guilty on three counts of mail fraud and one of obstruction of justice Friday.... As the charges were read, Black gazed at the table in front of him, then glared at the jury with his brow furrowed in a dark frown."
The New York Times has webbed a report by Richard Siklos, whose background includes a recounting of the fate of David Radler. The Associated Press report, as webbed by the Bismarck Tribune, begins with the fate of Conrad Black and blandly describes his demeanor as "emotionless." It also mentions the sentence for the other three defendants before adding the background to the case.
Stephen Komie was interviewed on BNN, and gave a forecast on what will happen next. Sentencing is likely to take place in November or December. He gave 80% odds of the conviction being upheld on appeal in cases of this sort.
Hugh Totten gave his prediction that Conrad Black will be released on his own recognizance during an interview by CTV NewsNet. The interviewer, Rosemary Thompson, also reported that as of 1 PM ET, Csr. Sussman had argued that Conrad was a flight risk, and Edward Genson was arguing for a release on his own recognizance. Csr. Greenspan is arguing that Conrad isn't a flight risk. Csr. Totten predicted 60 to 90 days for the sentencing hearing to take place. CTV News has released a report of its own on the verdict.
A new Reuters report has been issued on the fate of Conrad Black, which contains a profile of him. It includes two quotes from Peter C. Newman, one on his likely state of mind - "'I would think he is in total shock... He really did believe he was innocent." - and the outcome: "'This is a tragedy,' Newman said of Black's conviction. 'He really did have a great brain and a great memory, and it's a tragedy for us as well as for him that he didn't live up to his potential and will end up in an American jail.'"
CTV News interviewed Mr. Newman at 1:12 PM ET, along with Joan Crockett. Mr. Newman opined that Conrad was "genuinely surprised" because he though of himself as the proprietor of the companies he owned - that he was those companies. He also said that Conrad acted arrogantly when he removed those 13 boxes. Ms. Crockett opined that the videotape euchred out the defense's evidentiary claim that Conrad had not known of the SEC order at the time. Mr. Newman added that the real punishment for Conrad Black will be treatment of him as a convicted criminal. Ms. Crockett later opined that the appeal will be "tough and dirty."
Ms. Thompson reported, as of 1:18 PM ET, that the prosecutors are moving that Mr. Atkinson and Mr. Boultbee be required to surrender their Canadian passports and live in the United States. Also reported is that Conrad is having difficulty paying the mortage for his Palm Beach home, as revealed in the defense part of his bail hearing. The jurors all declined to speak to the media.
Also on CTV NewsNet, BNN's Kim Parlee reported that the Ontario Securities Commission will be holding a hearing on Conrad Black's "egregious corporate behaviour" in November. There is no word as of yet about any rescheduling or quashing of that hearing as a result of the verdict.
Forbes.com has webbed an updated AP report, which includes a quote from Andrew Stoltmann to the effect that Conrad should feel lucky that he didn't get convicted on all of the charges.
ON CTV NewsNet, as of 1:38 PM ET, Mr. Newman passed along two related items from the United Kingdom: the U.K. government has officially said that Conrad can serve any sentence put on him in a U.K. prison; and, the British Conservative Party has repudiated him. He cannot hold himself up as a Conservative in the U.K. Right after Mr. Newman was finished commenting, Paula Todd reported that the prosecution wants a sentence of 25 to 30 years for Conrad Black. She also pointed out that Conrad didn't return the boxes immediately after receiving the SEC notice. Also, Dan Matheson noted that Peter Atkinson and Jack Boultbee do not have to surrender their passports.
After Ms. Todd had finished, Jacquie McNish said that she was surprised at the verdict, and opined that his "fatal mistake" was signing an agreement to pay Hollinger International several million dollars but backing out of it later. She also said that the U.S. Justice department will be encouraged by this verdict to pursue similar cases more aggressively.
Later, Mr. Matheson reported that making the mortage payments mentioned above was a condition of Conrad's bail; he hasn't been making those payments. He later passed on that Judge St. Eve has decided that Conrad is a flight risk.
Steve Skurka said on CTV NewsNet that, despite what other commentators have said, the prosecution has won this one; he also admitted that he had been wrong on his acquittal call. (So was I.) The judge is likely to decide upon a 10-15 year sentence, in Csr. Skurka's estimation.
Regarding the flight risk, Judge St. Eve may consider a renewed affiadavit from Conrad Black, promising to show up, to be sufficient bond to offset any risk. Ms. Lang also reported that Conrad is going to appeal, or at least is expected to do so.
At least two other defendants, Mark Kipnis and Peter Atkinson, have left the courtroom as of about 2:30 ET, or 1:20 CT. BNN broadcast a comment from Ron Safer to the effect that the jury, though conscientious as part of a fair trial, failed to differentiate between the defendants. He also indicated that Mr. Kipnis will be appealing through expressing a hope that the judge will differentiate his client from the other three defendants.
It was announced by Ms. Todd on CTV NewsNet at 2:39 PM ET that the bail hearing for Conrad Black has been adjourned for the weekend. She also opined that this wasn't a good sign for him. Ms. Thompson reported the Conrad has been asked to surrender his passport. She also reported that the identities of the jurors have been revealed, and that the sentence will be delivered on November 30th, at 2:30 PM. Mr. Matheson later read a letter from Ted Chung explaining the reason for the length of time between today and the sentencing: it gives probation officials sufficent time to gather needed background information on Conrad and the other defendants.
At about 3:25, it was announced that Conrad Black had left the courtroom, evidently in shock, saying nothing. Edward Greenspan read a statement saying that Conrad Black was acquitted of the main charges; that there will be an appeal, and that "there are viable legal grounds" for one; and, that the prosecution's recommendation for a sentence will be vigourously disputed. Edward Genson expressed surprise that it had ended, and said that "the justice system works." Unlike Csr. Greenspan, who seemed defiant, he was unemotional.
The prosecutors' press conference, with Patrick J. Fitzgerald acting as spokeman, began at about 3:35 CT. Csr. Fitzgerald said that he was “gratified” by the verdict, gave a short speech on the government protecting the shareholders, and then thanked the people who worked on the case. He claimed that he will be taking a “conservative” estimate, from Eric Sussman, regarding the requested sentence – approximately 15 ½ to 20 years – for Conrad Black, and for the forfeiture. He also complimented the jurors.
----------
Mark Steyn's been liveblogging the verdict for his Maclean's Conrad Black trial blog. His frist comment on the verdict notes that the APC-related charges were the only ones to stick, other than the obstruction-of-justice charge. Those convictions, he blames Conrad Black's defense team for. He ends with: "The US Attorney's office might usefully adopt as its motto the IRA's message to Mrs Thatcher after the Brighton bombing, 'You have to be lucky every time. We only have to be lucky once.'" (Interestingly, he didn't mentioned Mark Kipnis.)
Douglas Bell, in the Toronto Life Conrad Black trial, has an open thread devoted to the verdict.
Conrad Black
Count 1: Guilty
Count 5: Not Guilty
Count 6: Guilty
Count 7: Guilty
Count 8: Not guilty
Count 9: Not guilty
Count 10: Not guilty
Count 11: Not guilty
Count 12: Not guilty.
Count 13 [Obstruction]: Guilty
Count 15: Not guilty
Count 16: Not guilty.
Jack Boultbee
Guilty on counts 1, 6 and 7. [Apologies for the earlier inaccuracy.]
Peter Atkinson:
Guilty on counts 1, 6 and 7.
Mark Kipnis:
Guilty on counts 1, 6 and 7.
A complete list of charges is here. 1 and 6 relate directly to the American Publishing sale, and Count 7 does so indirectly. CBS2 Chicago has a roundup of its own.
The Bloomberg report on the verdict has a little commentary on it, and a broader background which also recounts previous corporate-fraud convictions. It also quotes Jacob Frenkel as saying, "'The government overcame a very shaky start to win this case... They were able to pull a rabbit out of the hat.'''
On BNN, Terry Sullivan said that he believed that the security camera tape was what won the jury over. There was also a tally of the potential sentences each defendant faced; Conrad Black, 35, Peter Atkinson, 10, and the others, 15. All will go to a medium-security prison if the convictions stand up to appeal. But, Judge St. Eve has the option of concurrent sentences for the mail-and-wire-fraud charges, so the other three defendants could face only 5 years in minimum security should the convictions survive the appeal process. Conrad would still face 25 years.
Two other reports on the outcome are from Ameet Sachdev of the Chicago Tribune, who includes some background on Conrad Black himself, and from CanWest, as webbed by the Vancouver Sun, which adds some background from the case itself.
Reuters has webbed both a report on the verdict, written by Andrew Stern, and a timeline of Conrad Black's life.
Romina Maurino's report, as webbed by 680 News, begins with: "Conrad Black fixed jurors with a venomous stare as they found the former press mogul guilty on three counts of mail fraud and one of obstruction of justice Friday.... As the charges were read, Black gazed at the table in front of him, then glared at the jury with his brow furrowed in a dark frown."
The New York Times has webbed a report by Richard Siklos, whose background includes a recounting of the fate of David Radler. The Associated Press report, as webbed by the Bismarck Tribune, begins with the fate of Conrad Black and blandly describes his demeanor as "emotionless." It also mentions the sentence for the other three defendants before adding the background to the case.
Stephen Komie was interviewed on BNN, and gave a forecast on what will happen next. Sentencing is likely to take place in November or December. He gave 80% odds of the conviction being upheld on appeal in cases of this sort.
Hugh Totten gave his prediction that Conrad Black will be released on his own recognizance during an interview by CTV NewsNet. The interviewer, Rosemary Thompson, also reported that as of 1 PM ET, Csr. Sussman had argued that Conrad was a flight risk, and Edward Genson was arguing for a release on his own recognizance. Csr. Greenspan is arguing that Conrad isn't a flight risk. Csr. Totten predicted 60 to 90 days for the sentencing hearing to take place. CTV News has released a report of its own on the verdict.
A new Reuters report has been issued on the fate of Conrad Black, which contains a profile of him. It includes two quotes from Peter C. Newman, one on his likely state of mind - "'I would think he is in total shock... He really did believe he was innocent." - and the outcome: "'This is a tragedy,' Newman said of Black's conviction. 'He really did have a great brain and a great memory, and it's a tragedy for us as well as for him that he didn't live up to his potential and will end up in an American jail.'"
CTV News interviewed Mr. Newman at 1:12 PM ET, along with Joan Crockett. Mr. Newman opined that Conrad was "genuinely surprised" because he though of himself as the proprietor of the companies he owned - that he was those companies. He also said that Conrad acted arrogantly when he removed those 13 boxes. Ms. Crockett opined that the videotape euchred out the defense's evidentiary claim that Conrad had not known of the SEC order at the time. Mr. Newman added that the real punishment for Conrad Black will be treatment of him as a convicted criminal. Ms. Crockett later opined that the appeal will be "tough and dirty."
Ms. Thompson reported, as of 1:18 PM ET, that the prosecutors are moving that Mr. Atkinson and Mr. Boultbee be required to surrender their Canadian passports and live in the United States. Also reported is that Conrad is having difficulty paying the mortage for his Palm Beach home, as revealed in the defense part of his bail hearing. The jurors all declined to speak to the media.
Also on CTV NewsNet, BNN's Kim Parlee reported that the Ontario Securities Commission will be holding a hearing on Conrad Black's "egregious corporate behaviour" in November. There is no word as of yet about any rescheduling or quashing of that hearing as a result of the verdict.
Forbes.com has webbed an updated AP report, which includes a quote from Andrew Stoltmann to the effect that Conrad should feel lucky that he didn't get convicted on all of the charges.
ON CTV NewsNet, as of 1:38 PM ET, Mr. Newman passed along two related items from the United Kingdom: the U.K. government has officially said that Conrad can serve any sentence put on him in a U.K. prison; and, the British Conservative Party has repudiated him. He cannot hold himself up as a Conservative in the U.K. Right after Mr. Newman was finished commenting, Paula Todd reported that the prosecution wants a sentence of 25 to 30 years for Conrad Black. She also pointed out that Conrad didn't return the boxes immediately after receiving the SEC notice. Also, Dan Matheson noted that Peter Atkinson and Jack Boultbee do not have to surrender their passports.
After Ms. Todd had finished, Jacquie McNish said that she was surprised at the verdict, and opined that his "fatal mistake" was signing an agreement to pay Hollinger International several million dollars but backing out of it later. She also said that the U.S. Justice department will be encouraged by this verdict to pursue similar cases more aggressively.
Later, Mr. Matheson reported that making the mortage payments mentioned above was a condition of Conrad's bail; he hasn't been making those payments. He later passed on that Judge St. Eve has decided that Conrad is a flight risk.
Steve Skurka said on CTV NewsNet that, despite what other commentators have said, the prosecution has won this one; he also admitted that he had been wrong on his acquittal call. (So was I.) The judge is likely to decide upon a 10-15 year sentence, in Csr. Skurka's estimation.
Regarding the flight risk, Judge St. Eve may consider a renewed affiadavit from Conrad Black, promising to show up, to be sufficient bond to offset any risk. Ms. Lang also reported that Conrad is going to appeal, or at least is expected to do so.
At least two other defendants, Mark Kipnis and Peter Atkinson, have left the courtroom as of about 2:30 ET, or 1:20 CT. BNN broadcast a comment from Ron Safer to the effect that the jury, though conscientious as part of a fair trial, failed to differentiate between the defendants. He also indicated that Mr. Kipnis will be appealing through expressing a hope that the judge will differentiate his client from the other three defendants.
It was announced by Ms. Todd on CTV NewsNet at 2:39 PM ET that the bail hearing for Conrad Black has been adjourned for the weekend. She also opined that this wasn't a good sign for him. Ms. Thompson reported the Conrad has been asked to surrender his passport. She also reported that the identities of the jurors have been revealed, and that the sentence will be delivered on November 30th, at 2:30 PM. Mr. Matheson later read a letter from Ted Chung explaining the reason for the length of time between today and the sentencing: it gives probation officials sufficent time to gather needed background information on Conrad and the other defendants.
At about 3:25, it was announced that Conrad Black had left the courtroom, evidently in shock, saying nothing. Edward Greenspan read a statement saying that Conrad Black was acquitted of the main charges; that there will be an appeal, and that "there are viable legal grounds" for one; and, that the prosecution's recommendation for a sentence will be vigourously disputed. Edward Genson expressed surprise that it had ended, and said that "the justice system works." Unlike Csr. Greenspan, who seemed defiant, he was unemotional.
The prosecutors' press conference, with Patrick J. Fitzgerald acting as spokeman, began at about 3:35 CT. Csr. Fitzgerald said that he was “gratified” by the verdict, gave a short speech on the government protecting the shareholders, and then thanked the people who worked on the case. He claimed that he will be taking a “conservative” estimate, from Eric Sussman, regarding the requested sentence – approximately 15 ½ to 20 years – for Conrad Black, and for the forfeiture. He also complimented the jurors.
----------
Mark Steyn's been liveblogging the verdict for his Maclean's Conrad Black trial blog. His frist comment on the verdict notes that the APC-related charges were the only ones to stick, other than the obstruction-of-justice charge. Those convictions, he blames Conrad Black's defense team for. He ends with: "The US Attorney's office might usefully adopt as its motto the IRA's message to Mrs Thatcher after the Brighton bombing, 'You have to be lucky every time. We only have to be lucky once.'" (Interestingly, he didn't mentioned Mark Kipnis.)
Douglas Bell, in the Toronto Life Conrad Black trial, has an open thread devoted to the verdict.
Media Roundup: Gear-down
The media reports, webbed overnight and this morning, on the Conrad Black trial have dwindled in the face of no news yesterday:
1. A background report by Ameet Sachdev and Susan Chandler, webbed by the Chicago Tribune, provides a rundown of all the charges that the defendants face.
2. The Saskatoon StarPhoenix has reprinted the Reuters report on yesterday's part of the trial.
3. A feature report by Theresa Tedesco, webbed by the National Post, discusses what a deadlocked jury and a partial verdict mean for the prosecution. It contains the interesting factoid that a conviction on only one of the 42 charges that all four defendants face can be counted as a "victory." Regarding the request for the partial verdict combined with redeliberation on the charges that the jury is deadlocked over, the report concludes: "Mr. Sussman was hedging his bets. He needed to know what the government was up against. If, as part of the partial verdict, the government has one conviction or more, he can claim victory and the rest of the deliberations won't really matter. Conversely, if the partial verdict contains acquittals, the prosecution still has a second chance if the judge sends back the jury to keep deliberating the rest of the charges."
4 A Canadian Press report, webbed by the Brandon Sun, notes that the jurors will deliberate from 9 AM CT to 1 PM CT today.
5. The Bloomberg report on yesterday's part of the trial is part of the Philadelphia Inquirer's "Business In Brief:" "The jury in the Chicago federal trial of Conrad Black, the former Hollinger International Inc. chairman, ended its 11th day of deliberating the U.S. government's fraud and racketeering case against him without reaching a verdict. The jurors left the courthouse about 4:15 local time after telling U.S. District Judge Amy St. Eve they would return today, according to an e-mailed message from her chambers. The panel on July 10 told her in a note it was divided on some charges. The judge told the jury to keep trying."
6. Joe Warmington's latest column, as webbed by the London Free Press, is entitled "Tension Showing At Black Trial." It features a recap of Conrad Black's recent spats with members of the press.
7. Andrew Clark's latest piece, webbed by the Guardian, provides a look at the wait that the reporters covering the trial are going through.
8. The Globe and Mail has webbed a brief report by Paul Waldie, which says that the jurors left yesterday withough verdict or incident.
9. BNN aired a report by Amanda Lang, at 10:38 AM. She said that the jurors had included a decline of the free lunch for today in yesterday's scheduling note. Two of the women are wearing suits today. She also noted that both prosecution and defense are confident of victory.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, adds his own speculation on why the jury is still deadlocked two days subsequent to the Tuesday note, before concluding that such an exercise is largely useless.
1. A background report by Ameet Sachdev and Susan Chandler, webbed by the Chicago Tribune, provides a rundown of all the charges that the defendants face.
2. The Saskatoon StarPhoenix has reprinted the Reuters report on yesterday's part of the trial.
3. A feature report by Theresa Tedesco, webbed by the National Post, discusses what a deadlocked jury and a partial verdict mean for the prosecution. It contains the interesting factoid that a conviction on only one of the 42 charges that all four defendants face can be counted as a "victory." Regarding the request for the partial verdict combined with redeliberation on the charges that the jury is deadlocked over, the report concludes: "Mr. Sussman was hedging his bets. He needed to know what the government was up against. If, as part of the partial verdict, the government has one conviction or more, he can claim victory and the rest of the deliberations won't really matter. Conversely, if the partial verdict contains acquittals, the prosecution still has a second chance if the judge sends back the jury to keep deliberating the rest of the charges."
4 A Canadian Press report, webbed by the Brandon Sun, notes that the jurors will deliberate from 9 AM CT to 1 PM CT today.
5. The Bloomberg report on yesterday's part of the trial is part of the Philadelphia Inquirer's "Business In Brief:" "The jury in the Chicago federal trial of Conrad Black, the former Hollinger International Inc. chairman, ended its 11th day of deliberating the U.S. government's fraud and racketeering case against him without reaching a verdict. The jurors left the courthouse about 4:15 local time after telling U.S. District Judge Amy St. Eve they would return today, according to an e-mailed message from her chambers. The panel on July 10 told her in a note it was divided on some charges. The judge told the jury to keep trying."
6. Joe Warmington's latest column, as webbed by the London Free Press, is entitled "Tension Showing At Black Trial." It features a recap of Conrad Black's recent spats with members of the press.
7. Andrew Clark's latest piece, webbed by the Guardian, provides a look at the wait that the reporters covering the trial are going through.
8. The Globe and Mail has webbed a brief report by Paul Waldie, which says that the jurors left yesterday withough verdict or incident.
9. BNN aired a report by Amanda Lang, at 10:38 AM. She said that the jurors had included a decline of the free lunch for today in yesterday's scheduling note. Two of the women are wearing suits today. She also noted that both prosecution and defense are confident of victory.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, adds his own speculation on why the jury is still deadlocked two days subsequent to the Tuesday note, before concluding that such an exercise is largely useless.
Thursday, July 12, 2007
Media Roundup: No News, More Speculation
The media reports, webbed overnight and today, on the Conrad Black trial have filled in the no-news gap (including no developments today) with speculation, commentary and related features:
1. The National Post has a brief wrapup of yesterday's deliberations, with a quote from Hugh Totten, who speculated that the jurors are "likely going over and over some of the same old ground...."
2. CTV News' report is more detailed because some background and recapping of Tuesday's deadlock have been added. Two experts are quoted in it, and there are links to nine broadband clips on the right-hand side of the webpage.
3. The Ottawa Sun has webbed a Canadian Press report that focuses upon Conrad Black flipping the bird at the media, and what it reveals about his state of mind. (Yes, there is an expert quoted in it.)
4. Also from the Ottawa Sun: a comment by Earl MacRae on that same bird flip.
5. The Globe and Mail has webbed an opinion piece by Derek de Cloet, which concludes that Conrad Black was done in through not playing it straight in the business world.
6. The Illinois Daily Herald's Burt Constable mentions Conrad Black's fate in a column about bias against the media and scandals that feed it: "Black is the perfect storm for people who hate the [mainstream] media. He’s a media guy charged with a major crime in which the victims also are media people. With 300 journalists, many of them foreign correspondents, running up expense accounts during four months of court proceedings, even the media covering the case is being forced to spend a small fortune."
7. A write-up from the New York Post's Janet Whitman reports that the only item from the jury yesterday was a note saying that the jurors will resume deliberations at 9 AM CT today.
8. Joe Warmington's latest column, as webbed by the Toronto Sun, is entitled "Blacks watch, worry and wait." He discusses Conrad's recent tension, and reveals near the end that it isn't just one or more juror(s) who need a cigarette break.
9. A recap report by Romina Maurino of CP, as webbed by the London Free Press, gives the planned time for today's deliberations: 9 AM to 4:45 PM CT.
10. A write-up by Robyn Doolittle of the Toronto Star also brings in Conrad's likely state of mind as the jury continues deliberating: "Yesterday, [despite his oft-expressed confidence], Black's poker face looked haggard. He was spotted walking the streets surrounding the court, hand-in-hand with wife Barbara Amiel, who would occasionally smile at him."
11. Both Conrad and Barbara Black have gotten one mention each in the latest column by Michael Sneed of the Chicago Sun-Times. A recent Maclean's column by her is highlighted, and a support call for him, from Julie Nixon Eisenhower, is mentioned.
12. Another CTV News report has been webbed, which includes commentary from Ted Chung, who "told CTV Newsnet anything could happen...."
13. Paul Waldie and Tara Perkins of the Globe have written a report that contains a description of the Black family as of about 4:45 PM CT yesterday. "They seemed relaxed and chatty as they got into the car but declined comment." Jack Boultbee also gets a mention.
14. The Prince George Citizen has webbed a CP report by Keith Leslie, entitled "Jury in Conrad Black fraud trial in eleventh day of deliberations." After reporting that there's neither verdict nor note from the jury this morning, it explains the 'clothing indicator'. "The sight of blue jeans on one juror prompted speculation there would not be a verdict again Thursday, because the nine women and three men know they'll be on international television when they do conclude deliberations." The rest of it is a recount of events since Tuesday afternoon and capsule description of what the trial's about.
15. BBC News has also posted a no-news-today-so-far report, with background in the rest of it.
16. Amanda Lang of BNN, at 5:23 PM ET, reported that the jurors have gone home for the day, and have left a note saying that they will deliberate from 9 AM to 1 PM ET tomorrow.
17. Right after that announcement, BNN aired an interview with jury expert Paul Lisnek. Csr. Lisnek started off by saying that Friday could be an important day, in the sense that it creates the potentiality for an expectation of a finish. The outcome is hard to predict because the necessary information, on the split number and over what charges, is needed. Nevertheless, Csr. Lisnek expects an announcement tomorrow, either of verdict or deadlock. He still doesn't sense any personality conflicts in the jury.
The defense seems to think that a partial verdict is best, but this strategy is risky. He'd recommend that the defense move to "set the entire trial aside" if the jury gets hung, even though the prosecution would put up a fight if they do. Csr. Lisnek beleives that it's an effective loss for the prosecution if there are convictions only on the perks charge.
The jurors seeing Mark Kipnis differently from the other defendants can give two perspectives to them, on the charges or, "more dangerously for the defendants," the defendants themselves. The wait for the verdict seems long because of the continuous coverage. Given the length of the trial, it hasn't been that long.
The jurors are aware of the media attention on them, so they're trying to cover up any revealing body language. That angry juror last might might very well have been angry over something personal. Csr. Lisnek moved to an ending by returning to his starting point, when he was informed of the 1 PM CT knock-off time: it tied onto his "gut feeling" about Friday being portentous. He finished up by noting that the jury also rates a free lunch if they knock off at 1 PM, but not if they end the day before lunchtime.
18. A Reuters report says the same thing as item #16 above does, except for omitting the time specification and adding a little background. So does the Canada.com report.
19. The Associated Press has issued a "Summary Box" of today's part of the deliberations.
----------
In "The Crime Sheet," Steve Skurka, as a defense lawyer, takes Conrad to task for losing his composure in the middle-finger incident.
Despite he being called away, Mark Steyn is still posting regularly in his Maclean's Conrad Black trial blog. His latest entry pokes fun at the Globe's attention to Conrad Black's socklessness.
Douglas Bell's top-stories post for today in the Toronto Life Conrad Black trial blog has the latest on the tea-leaf reading. One of his selections is an entry from the Wall Street Journal Law Blog that explains what a partial verdict is.
There's also a new entry in the "Black Board," which contains an anecdote about the British and Canadian reporters getting together for cards today after several days of sticking with their fellow nationals.
The National Post's blog "Posted" reveals that the reporter that's been designated as the court contact by the entire group of them is none other than Romina Maurino.
1. The National Post has a brief wrapup of yesterday's deliberations, with a quote from Hugh Totten, who speculated that the jurors are "likely going over and over some of the same old ground...."
2. CTV News' report is more detailed because some background and recapping of Tuesday's deadlock have been added. Two experts are quoted in it, and there are links to nine broadband clips on the right-hand side of the webpage.
3. The Ottawa Sun has webbed a Canadian Press report that focuses upon Conrad Black flipping the bird at the media, and what it reveals about his state of mind. (Yes, there is an expert quoted in it.)
4. Also from the Ottawa Sun: a comment by Earl MacRae on that same bird flip.
5. The Globe and Mail has webbed an opinion piece by Derek de Cloet, which concludes that Conrad Black was done in through not playing it straight in the business world.
6. The Illinois Daily Herald's Burt Constable mentions Conrad Black's fate in a column about bias against the media and scandals that feed it: "Black is the perfect storm for people who hate the [mainstream] media. He’s a media guy charged with a major crime in which the victims also are media people. With 300 journalists, many of them foreign correspondents, running up expense accounts during four months of court proceedings, even the media covering the case is being forced to spend a small fortune."
7. A write-up from the New York Post's Janet Whitman reports that the only item from the jury yesterday was a note saying that the jurors will resume deliberations at 9 AM CT today.
8. Joe Warmington's latest column, as webbed by the Toronto Sun, is entitled "Blacks watch, worry and wait." He discusses Conrad's recent tension, and reveals near the end that it isn't just one or more juror(s) who need a cigarette break.
9. A recap report by Romina Maurino of CP, as webbed by the London Free Press, gives the planned time for today's deliberations: 9 AM to 4:45 PM CT.
10. A write-up by Robyn Doolittle of the Toronto Star also brings in Conrad's likely state of mind as the jury continues deliberating: "Yesterday, [despite his oft-expressed confidence], Black's poker face looked haggard. He was spotted walking the streets surrounding the court, hand-in-hand with wife Barbara Amiel, who would occasionally smile at him."
11. Both Conrad and Barbara Black have gotten one mention each in the latest column by Michael Sneed of the Chicago Sun-Times. A recent Maclean's column by her is highlighted, and a support call for him, from Julie Nixon Eisenhower, is mentioned.
12. Another CTV News report has been webbed, which includes commentary from Ted Chung, who "told CTV Newsnet anything could happen...."
13. Paul Waldie and Tara Perkins of the Globe have written a report that contains a description of the Black family as of about 4:45 PM CT yesterday. "They seemed relaxed and chatty as they got into the car but declined comment." Jack Boultbee also gets a mention.
14. The Prince George Citizen has webbed a CP report by Keith Leslie, entitled "Jury in Conrad Black fraud trial in eleventh day of deliberations." After reporting that there's neither verdict nor note from the jury this morning, it explains the 'clothing indicator'. "The sight of blue jeans on one juror prompted speculation there would not be a verdict again Thursday, because the nine women and three men know they'll be on international television when they do conclude deliberations." The rest of it is a recount of events since Tuesday afternoon and capsule description of what the trial's about.
15. BBC News has also posted a no-news-today-so-far report, with background in the rest of it.
16. Amanda Lang of BNN, at 5:23 PM ET, reported that the jurors have gone home for the day, and have left a note saying that they will deliberate from 9 AM to 1 PM ET tomorrow.
17. Right after that announcement, BNN aired an interview with jury expert Paul Lisnek. Csr. Lisnek started off by saying that Friday could be an important day, in the sense that it creates the potentiality for an expectation of a finish. The outcome is hard to predict because the necessary information, on the split number and over what charges, is needed. Nevertheless, Csr. Lisnek expects an announcement tomorrow, either of verdict or deadlock. He still doesn't sense any personality conflicts in the jury.
The defense seems to think that a partial verdict is best, but this strategy is risky. He'd recommend that the defense move to "set the entire trial aside" if the jury gets hung, even though the prosecution would put up a fight if they do. Csr. Lisnek beleives that it's an effective loss for the prosecution if there are convictions only on the perks charge.
The jurors seeing Mark Kipnis differently from the other defendants can give two perspectives to them, on the charges or, "more dangerously for the defendants," the defendants themselves. The wait for the verdict seems long because of the continuous coverage. Given the length of the trial, it hasn't been that long.
The jurors are aware of the media attention on them, so they're trying to cover up any revealing body language. That angry juror last might might very well have been angry over something personal. Csr. Lisnek moved to an ending by returning to his starting point, when he was informed of the 1 PM CT knock-off time: it tied onto his "gut feeling" about Friday being portentous. He finished up by noting that the jury also rates a free lunch if they knock off at 1 PM, but not if they end the day before lunchtime.
18. A Reuters report says the same thing as item #16 above does, except for omitting the time specification and adding a little background. So does the Canada.com report.
19. The Associated Press has issued a "Summary Box" of today's part of the deliberations.
----------
In "The Crime Sheet," Steve Skurka, as a defense lawyer, takes Conrad to task for losing his composure in the middle-finger incident.
Despite he being called away, Mark Steyn is still posting regularly in his Maclean's Conrad Black trial blog. His latest entry pokes fun at the Globe's attention to Conrad Black's socklessness.
Douglas Bell's top-stories post for today in the Toronto Life Conrad Black trial blog has the latest on the tea-leaf reading. One of his selections is an entry from the Wall Street Journal Law Blog that explains what a partial verdict is.
There's also a new entry in the "Black Board," which contains an anecdote about the British and Canadian reporters getting together for cards today after several days of sticking with their fellow nationals.
The National Post's blog "Posted" reveals that the reporter that's been designated as the court contact by the entire group of them is none other than Romina Maurino.
Wednesday, July 11, 2007
The Verdict: The Jurors And The Blacks
The first half of tonight's episode of The Verdict was devoted to the continuing wait. There were three segments devoted to the Conrad Black trial: the first featured jury expert Paul Lisnek; the second had Enron juror Dana Fernandez; and, the third, which was devoted to how the Black are holding up, had on Joan Crockett and Peter C. Newman.
In the opening segment, Csr. Lisnek speculated that the jurors have tried a start-from-scratch technique. He squared this guess with Ms. Todd pointing out the jurors' earlier request for advice by comparing them to people in school working out a difficult problem, whose teacher told them to have another crack at it. No-one knows how far they have to go. There doesn’t seem to be any real conflict in the deliberations room, just disagreement based upon key pieces of evidence. He agreed with Ms. Todd that the deadlock is most probably due to some jurors refusing to convict. It's highly unlikely that it’s eleven versus one, despite the glamour of that scenario indicating otherwise. When asked by Ms. Todd if there was lack of unanimity for each charge, he said it was “possible” but it could also be one count only, an alternative he seemed to believe was the most accurate one.
After Csr. Lisnek was finished, Ms. Todd mentioned the Enron case, which took six days of deliberation. Then, her next guest, Dana Fernandez, came on. Ms. Fernandez said that the Enron jury went through every piece of evidence for each count and trod carefully, so as to do the right thing. They were methodical, count through count. A few jurors had difficulty with two of the counts; they had to have things spelled out for them. There were some jurors with relevant depthful knowledge. She was one of them, as she works in a courtroom.
Kenneth Lay’s family smiled at the jury when they came in. But, Ms. Fernandez put it aside, as she saw the jury duty as a job that had to be done. She said that Americans do take their jury duties seriously. The Enron jurors felt no time pressure, and did the right thing because the decision would always be with them. She ended by saying that she and the other jurors still socialize together.
The third segment featured Mr. Newman and Ms. Crockett, with the general topic of how stressed both Conrad and his wife are. Mr. Newman noted that Conrad never talked in the courtroom, and that he commands the attention of the room without talking. He described Conrad Black as “exasperated,” and opined that Conrad believes that he’s “above it all.”
Ms. Crockett, on the other hand, pegged him as “resilient.” The source of his charisma, she ventured, could be visible signs of him thinking without talking. He only shows irritation occasionally; normally, according to eyewitness accounts, he's been quite patient. Barbara, though, is different. She’s more “fragile.”
Mr. Newman then described Barbara as intelligent and attractive, but with her feet not on the ground. This character trait shows in her spending behaviour. He pointed to them staying in the Ritz-Carlton, as opposed to the more modest Radisson which Conrad alone may have preferred, as evidence of that trait. Ms. Crockett disagreed with his interpretation by saying that both have a role to play.
There was further disagreement between the two about the convictability of the obstruction of justice charge. Mr. Newman pointed to the tape and the timing, while Ms. Crockett pointed out that Conrad had had no notification from the SEC at that time.
Barbara will find it harder to accept a guilty verdict, according to Mr. Newman, because she's now used to an extravagant lifestyle. Ms. Crockett replied, disagreeing with Mr. Newman regarding Barbara's habituation to wealth, that she can go back to her poverty-laced roots. When asked by Ms. Todd about how Black would adjust to prison if convicted, Ms. Crockett replied that he’s cerebral. Most likely, he'd cope through reading and writing, and would continue the fight from jail. Mr. Newman pointed out that he may not be permitted to do so in jail. Ms. Todd finished this segment by asking them both if the couple will stay together should Conrad be convicted. Mr. Newman said that Barbara probably wouldn't stay, and Ms. Crockett replied that the two are very close, so she doesn’t know.
Ms. Todd's closing editorial dealt with the wait for the end of deliberations. She said there were “troubling” signs that the jurors are having trouble with the evidence itself - that confusion, not disagreement, may be what’s causing the deadlock. The transcript asked for, a journalist (unnamed by Ms. Todd) had noted, corresponded to a time in the trial when one juror was sound asleep.
In the opening segment, Csr. Lisnek speculated that the jurors have tried a start-from-scratch technique. He squared this guess with Ms. Todd pointing out the jurors' earlier request for advice by comparing them to people in school working out a difficult problem, whose teacher told them to have another crack at it. No-one knows how far they have to go. There doesn’t seem to be any real conflict in the deliberations room, just disagreement based upon key pieces of evidence. He agreed with Ms. Todd that the deadlock is most probably due to some jurors refusing to convict. It's highly unlikely that it’s eleven versus one, despite the glamour of that scenario indicating otherwise. When asked by Ms. Todd if there was lack of unanimity for each charge, he said it was “possible” but it could also be one count only, an alternative he seemed to believe was the most accurate one.
After Csr. Lisnek was finished, Ms. Todd mentioned the Enron case, which took six days of deliberation. Then, her next guest, Dana Fernandez, came on. Ms. Fernandez said that the Enron jury went through every piece of evidence for each count and trod carefully, so as to do the right thing. They were methodical, count through count. A few jurors had difficulty with two of the counts; they had to have things spelled out for them. There were some jurors with relevant depthful knowledge. She was one of them, as she works in a courtroom.
Kenneth Lay’s family smiled at the jury when they came in. But, Ms. Fernandez put it aside, as she saw the jury duty as a job that had to be done. She said that Americans do take their jury duties seriously. The Enron jurors felt no time pressure, and did the right thing because the decision would always be with them. She ended by saying that she and the other jurors still socialize together.
The third segment featured Mr. Newman and Ms. Crockett, with the general topic of how stressed both Conrad and his wife are. Mr. Newman noted that Conrad never talked in the courtroom, and that he commands the attention of the room without talking. He described Conrad Black as “exasperated,” and opined that Conrad believes that he’s “above it all.”
Ms. Crockett, on the other hand, pegged him as “resilient.” The source of his charisma, she ventured, could be visible signs of him thinking without talking. He only shows irritation occasionally; normally, according to eyewitness accounts, he's been quite patient. Barbara, though, is different. She’s more “fragile.”
Mr. Newman then described Barbara as intelligent and attractive, but with her feet not on the ground. This character trait shows in her spending behaviour. He pointed to them staying in the Ritz-Carlton, as opposed to the more modest Radisson which Conrad alone may have preferred, as evidence of that trait. Ms. Crockett disagreed with his interpretation by saying that both have a role to play.
There was further disagreement between the two about the convictability of the obstruction of justice charge. Mr. Newman pointed to the tape and the timing, while Ms. Crockett pointed out that Conrad had had no notification from the SEC at that time.
Barbara will find it harder to accept a guilty verdict, according to Mr. Newman, because she's now used to an extravagant lifestyle. Ms. Crockett replied, disagreeing with Mr. Newman regarding Barbara's habituation to wealth, that she can go back to her poverty-laced roots. When asked by Ms. Todd about how Black would adjust to prison if convicted, Ms. Crockett replied that he’s cerebral. Most likely, he'd cope through reading and writing, and would continue the fight from jail. Mr. Newman pointed out that he may not be permitted to do so in jail. Ms. Todd finished this segment by asking them both if the couple will stay together should Conrad be convicted. Mr. Newman said that Barbara probably wouldn't stay, and Ms. Crockett replied that the two are very close, so she doesn’t know.
Ms. Todd's closing editorial dealt with the wait for the end of deliberations. She said there were “troubling” signs that the jurors are having trouble with the evidence itself - that confusion, not disagreement, may be what’s causing the deadlock. The transcript asked for, a journalist (unnamed by Ms. Todd) had noted, corresponded to a time in the trial when one juror was sound asleep.
Media Roundup: Trickle To Flood
The media reports, webbed overnight and this morning, on the Conrad Black trial have turned into a veritable flood of articles, most of which cover yesterday's events because there was no newsworthy trial event today. Below is a selection from them:
1. Eric Ferkenhoff of the New York Times has a report that quotes the deadlock note, and Judge St. Eve's words as she sent them back in: "Judge St. Eve told the panel to make 'every reasonable effort' to reach a verdict in the case..." It also mentions that Ron Safer clarified his request in court for the jury to return a partial verdict: "He later said that he was not seeking a [partial] mistrial, but was simply asking the judge to allow the jury to return the verdict they saw fit."
2. A report by FT.com's Stephanie Kirchgaessner, as webbed by MSNBC.com, summarizes the late-afternoon part of the trial, which began with the jury sending the deadlock note to the judge. When discussing Judge St. Eve sending the jury back, it notes that "In making her ruling, [she]rejected a plea by chief prosecutor Eric Sussman that jurors should be instructed that they could return a partial verdict if they chose, though she did not rule out that possibility in the future."
3. 580 CFRA has webbed a brief report on the deadlock note and the continuation of deliberations.
4. Monsters and Critics has webbed a similar brief report from United Press International.
5. A report by Dave Carpenter of the Associated Press has been webbed by the Washington Post. It adds to the FT.com report above by noting that Csr. Sussman asked for a partial verdict as part of an overall plea for the jury to keep deliberating.
6. Mary Vallis and Barbara Schecter of the National Post have co-written a report that captures all the events surrounding the deadlock note and resumption of deliberations. It also quotes Edward Genson, who predicted a verdict for today, and Hugh Totten, who speculated that "the jury is stuck on the fate of a particular co-defendant." The report also points out that "[t]he jurors appeared frustrated as they filed back into the courtroom in casual clothes. They paid close attention as St. Eve re-read the entire instruction and did not make eye contact with Black... or his three co-defendants, Jack Boultbee, Peter Atkinson and Mark Kipnis."
7. A Canadian Press report by Romina Maurino, as webbed by CBC News, fills in more details on yesterday's events, including a more complete version of Csr. Genson's quoted reaction: "'We'll either get a partial or a full verdict [today]... Generally speaking when it's partially done they don't finish the rest of it. They never go back for the rest. It's just partial and that's the end of it.'" The report also clarifies that "[a]ssistant U.S. attorney Eric Sussman asked the court to advise the jury of its options - that they can return a partial verdict and then continue to deliberate on the others or simply continue to deliberate on all counts." It's one of the few reports to recount the forfeiture hearing, held this morning, at its end.
8. Joe Warmington's latest column, as webbed by the Winnipeg Sun, starts off with a mention of Conrad Black flipping "a bird" to the reporters waiting for him yesterday afternoon, before discussing the deadlock note. He passes along a split in journalist opinion: the Canadians are leaning towards acquittal, while the Brits are leaning towards a conviction on some counts.
9. Sky News has webbed its own brief summary report on the deadlock note.
10. Paul Waldie and Tara Perkins have co-written a report for the Globe and Mail, which begins with: "Jurors in the Conrad Black trial appear to be close to ending their deliberations and some lawyers expect verdicts as early as Wednesday." The relevant statement are quoted copiously throughout it.
11. A report by Ameet Sachdev of the Chicago Tribune mentions that the part of the 75th instruction that Judge St. Eve re-read to the jury is the relevant "dynamite instruction," meant to break apart a deadlock.
12. CTV NewsNet aired a report by Rosemary Thompson at 8:31 AM ET. She said that the jurors will contine, resuming deliberations at 9 AM CT. They should send out more notes today, which will give clues to the jurors' collective state of mind. Ms. Thompson also mentioned the bird-flip, but sympathized with Conrad.
13. James Bone's report, webbed by the Times Online, mentions that Conrad Black looked "blankly" at the jury as they entered the courtroom yesterday afternoon.
14. Also webbed by the Globe is a report by Sandra Rubin on Csr. Totten's use of the trial as a strategy to get some public exposure for the firm he's with, Perkins Coie. It specifies his role at P,C: recruiting partner. It also costs the 'expense' of him spending his time as a trial expert.
15. Mary Wisniewski of the Chicago Sun-Times has written a report that starts off with: "The note sent by the Conrad Black jury Tuesday was as tough to interpret as a paragraph by James Joyce." Her report also specifies that the dynamite instruction that's already part of the 75th is the "'Silvern"' instruction. It also quotes an expert, Prof. Bernard Harcourt, as saying that the deadlock "'suggests that there is some dissension one way or another in the jury room.'"
16. The Toronto Star has webbed a report by Rick Westhead, with Robyn Doolittle, which also quotes copiously from the jury note and Judge St. Eve's response when sending the jurors back in.
17. A report from Janet Whitman of the New York Post is entitled "Jury Deadlock: Judge Orders Continued Deliberations In Black Trial." An expert, Lee Dunst, is quoted as saying that guessing at the jurors' partial verdict right now is bound to yield a forecast that's too inaccurate to be of any definite worth.
18. Joanna Walters of the Daily Express has written a report that summarizes the deadlock. Her report is the second one to mention the forfeiture hearing that took place yesterday morning.
19. BNN aired an update from Amanda Lang at 10:08 AM ET. She reported that the jurors are back, and are deliberating. Conrad Black "seems relaxed," although he must be under tremendous pressure. The American media is coming in.
20. BNN also aired an interview with Jacob Frenkel, at 11:10 AM ET. Csr. Frenkel said that no-one knows when a verdict will come down. The judge isn't pressuring the jury to come to a verdict, as of yet. If she does, then there will be a special instruction for them to do so. The judge decides on when the jury is hung; then, it's up to the government to decide whether or not to proceed with a re-indictment. If one or more defendants are convicted on one or more charges, the government may drop the charges that resulted in a hung jury. He mentioned the burden of proof, especially in relation to an upcoming SEC case which has a lower one. If there's a conviction, the judge is bound by the applicable sentencing guidelines, so the prosecution's 'batting average' isn't relevant to the sentencing. He ended by settling upon this week, but not necessarily today, as the timeframe in which a verdict will be delivered.
21. Also aired by BNN was an interview with Bill Lawler, at 1:45 PM. Csr. Lawler noted that most juries who get deadlocked eventually reach a verdict. The jurors have been forbidden to reveal the extent of the split. The judge has discretion to accept a partial verdict, as well as discretion on how many times to send the jury back: the judge can even accept a partial verdict but not for every charge, and send the jurors back to deliberating on the remainder. Csr. Lawler believes that the acceptance of a partial verdict would be favorable to the prosecution, for two reasons: one, doing so might staunch a momentum towards acquittal; two, the prosecution can retry the charges that the jury got hung on with knowledge of what worked, and what didn’t work, in trial. An appeal isn’t automatic, but notification of the right to an appeal is. Requests to stay out of jail pending appeal is routinely granted, but far from a guaranteed grant. 'Scooter' Libby had his request turned down.
22. CTV News aired an update from Rosemary Thompson at 3:01 PM ET. She reported that Conrad spent the morning in his lawyer's office, and went for a walk with his wife in the afternoon. While out, he complained about media coverage of him to a cameraman. The jury is still deliberating, and will do so until 4:45 PM CT unless they hand down a verdict or leave early. There's still an expectation that there'll be a verdict today, but no certainty.
23. A report by Romina Maurino, webbed by the Montreal West End Chronicle, contains a prediction by Csr. Frenkel for a split verdict, with a guilty verdict on some indictments and not guilty on others. He's quoted further, as is Andrew Stoltmann on the deliberation process. It ends with a brief item about Judge St. Eve turning her attention to the sentencing of Muhammad Salah. (No sentence is included in that part of the report.)
24. BNN further aired, at 4:10 PM ET, an interview with Csr. Totten. He believes that Judge St. Eve probably won't send the jury back two-three times; there's the risk of a coercion issue to consider. The jury may very well deliver an unexpected verdict. On the subject of appeal, he also said it's too early to predict the outcome of any appeal of a guilty verdict. Any appeal would probably launch right after the verdict, but is likely to take a year to be settled given the current timeframe of appeals.
25. As part of the intermittent broadcasts on the wait, BNN aired an interview with Steve Merican, an appellate lawyer, at 5:12 PM ET. He thinks the jury is “fatigued,” or tired. They're probably engaged in conflict resolution, and will give the reach for unanimity “a good try.” The deadlock could be due to emerging personality conflicts which are being smoothed out. He thinks that the request for advice from the judge is “profoundly pro-defense.” He would also advise against accepting a partial verdict if asked by the defense. After the interview was over, co-host Jacquie McNish agreed with Csr. Merican, and speculated that a partial verdict would be the worst outcome for both prosecution and defense.
26. Interviewed right afterwards, at 5:23 PM ET, was Andrew Stoltmann, a securities lawyer and regular trial watcher. Csr. Stoltmann discussed the weaknesses of the prosecution’s case. The biggest problem that the prosecutors had was the volume of evidence and length of the trial. He gave general 50-50 odds for cases of this sort to end in a hung jury after a deadlock. Adding the RICO charge was the biggest mistake the prosecutors made; the concentration of accounting details in the presentation of the evidence was another mistake. A third one may have been trying the four defendants together, because the trial had to be dragged out even further. Three or more defendants tends to make a prosecution unwieldy.
Csr. Stoltmann guessed that the jury is deadlocked on at least some of the charges relating to the non-compete payments. He also said that the prosecution had a good case, especially with the generally easy-to-prove obstruction of justice charge, but they slipped because they“overtried” it. If there is a hung jury, the best bet is the prosecution will refile charges. The prosecution has much better odds when retrying a case of this sort, as the presentation is usually much improved.
What the SEC may do is important for Mr. Black right now because he signed a consent decree in 1982, which gives the regulatory agency the right to go after him with criminal charges for any further violation of securities laws. Most likely, they’ll lay a charge if he’s convicted on one or two counts.
With regard to jailing if convicted, Csr. Stoltmann said that Conrad Black will probably not be remanded until the sentencing hearing, 3-4 months later. He finished by noting that this case would have been treated as a civil trial, unambiguously, pre-Enron.
27. At about 5:40 PM ET, Ms. Lang reported on BNN that the jury is done for the day, with no verdict reached.
28. BBC News has webbed a report that summarizes yesterday afternoon's deadlock and today's continuance of deliberations. It also has a brief background on partial verdicts.
29. At 5:56 PM ET, Ms. Lang reported on BNN that the first juror out, a man, looked either angry or unhappy.
30 An end-of-day report, webbed by 1130 News, confirms that the verdict is still out of reach.
31. The Associated Press' end-of-day report is out also, as webbed by Forbes.com.
32. Reuters' is too, although it ends with a brief recap of yesterday's deadlock.
33. A report by Mary Vallis and Barbara Shecter, as webbed by Canada.com, covers the same ground, but contains an extended quote from Csr. Totten.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has written a rundown on what verdict he would consider to be a victory for the U.S. government, and what one would not be. He also suggests that Conrad Black is easy to single out because he's "not driven by money but by strange obsolescent obsessions.... as I told Hollinger execs back then, I think it took his eye off the corporate ball at a critical time. That's one reason I believe he's innocent: At the time he was supposed to be Mister Corporate Kleptocrat, most of his energy was being devoted to suing his way into the House of Lords." A more recent entry, after informing his readers that he's going on assignment, directs his readers to another Maclean's trial blog, with entries by Steve Maich. [The first entry today by Mr. Maich was posted at 2:26 PM ET.]
Matthew McClearn, in the Canadian Business Black trial blog, starts off with a report on the waiting journalists. "The jury of the USA vs. Conrad Black et al trial in Chicago had been out nine days, and the press corps was becoming quite loopy. Scattered on the 12th floor hallway of the Everett McKinley Dirksen federal building, or occupying nearby cafes, the over-caffeinated journalists played euchre, worked on other news assignments or generally tried to occupy themselves as they awaited a verdict. Photographers and broadcast journalists lounged about in camping chairs in the first floor media pen. An anxious mood prevailed...." He returns to the same subject after recounting yesterday afternoon's events.
Also, Douglas Bell, in the Toronto Life Conrad Black trial blog, marvels at the paraphrases of "deadlock" that were used before communicating the widespread uncertainty over the outcome.
1. Eric Ferkenhoff of the New York Times has a report that quotes the deadlock note, and Judge St. Eve's words as she sent them back in: "Judge St. Eve told the panel to make 'every reasonable effort' to reach a verdict in the case..." It also mentions that Ron Safer clarified his request in court for the jury to return a partial verdict: "He later said that he was not seeking a [partial] mistrial, but was simply asking the judge to allow the jury to return the verdict they saw fit."
2. A report by FT.com's Stephanie Kirchgaessner, as webbed by MSNBC.com, summarizes the late-afternoon part of the trial, which began with the jury sending the deadlock note to the judge. When discussing Judge St. Eve sending the jury back, it notes that "In making her ruling, [she]rejected a plea by chief prosecutor Eric Sussman that jurors should be instructed that they could return a partial verdict if they chose, though she did not rule out that possibility in the future."
3. 580 CFRA has webbed a brief report on the deadlock note and the continuation of deliberations.
4. Monsters and Critics has webbed a similar brief report from United Press International.
5. A report by Dave Carpenter of the Associated Press has been webbed by the Washington Post. It adds to the FT.com report above by noting that Csr. Sussman asked for a partial verdict as part of an overall plea for the jury to keep deliberating.
6. Mary Vallis and Barbara Schecter of the National Post have co-written a report that captures all the events surrounding the deadlock note and resumption of deliberations. It also quotes Edward Genson, who predicted a verdict for today, and Hugh Totten, who speculated that "the jury is stuck on the fate of a particular co-defendant." The report also points out that "[t]he jurors appeared frustrated as they filed back into the courtroom in casual clothes. They paid close attention as St. Eve re-read the entire instruction and did not make eye contact with Black... or his three co-defendants, Jack Boultbee, Peter Atkinson and Mark Kipnis."
7. A Canadian Press report by Romina Maurino, as webbed by CBC News, fills in more details on yesterday's events, including a more complete version of Csr. Genson's quoted reaction: "'We'll either get a partial or a full verdict [today]... Generally speaking when it's partially done they don't finish the rest of it. They never go back for the rest. It's just partial and that's the end of it.'" The report also clarifies that "[a]ssistant U.S. attorney Eric Sussman asked the court to advise the jury of its options - that they can return a partial verdict and then continue to deliberate on the others or simply continue to deliberate on all counts." It's one of the few reports to recount the forfeiture hearing, held this morning, at its end.
8. Joe Warmington's latest column, as webbed by the Winnipeg Sun, starts off with a mention of Conrad Black flipping "a bird" to the reporters waiting for him yesterday afternoon, before discussing the deadlock note. He passes along a split in journalist opinion: the Canadians are leaning towards acquittal, while the Brits are leaning towards a conviction on some counts.
9. Sky News has webbed its own brief summary report on the deadlock note.
10. Paul Waldie and Tara Perkins have co-written a report for the Globe and Mail, which begins with: "Jurors in the Conrad Black trial appear to be close to ending their deliberations and some lawyers expect verdicts as early as Wednesday." The relevant statement are quoted copiously throughout it.
11. A report by Ameet Sachdev of the Chicago Tribune mentions that the part of the 75th instruction that Judge St. Eve re-read to the jury is the relevant "dynamite instruction," meant to break apart a deadlock.
12. CTV NewsNet aired a report by Rosemary Thompson at 8:31 AM ET. She said that the jurors will contine, resuming deliberations at 9 AM CT. They should send out more notes today, which will give clues to the jurors' collective state of mind. Ms. Thompson also mentioned the bird-flip, but sympathized with Conrad.
13. James Bone's report, webbed by the Times Online, mentions that Conrad Black looked "blankly" at the jury as they entered the courtroom yesterday afternoon.
14. Also webbed by the Globe is a report by Sandra Rubin on Csr. Totten's use of the trial as a strategy to get some public exposure for the firm he's with, Perkins Coie. It specifies his role at P,C: recruiting partner. It also costs the 'expense' of him spending his time as a trial expert.
15. Mary Wisniewski of the Chicago Sun-Times has written a report that starts off with: "The note sent by the Conrad Black jury Tuesday was as tough to interpret as a paragraph by James Joyce." Her report also specifies that the dynamite instruction that's already part of the 75th is the "'Silvern"' instruction. It also quotes an expert, Prof. Bernard Harcourt, as saying that the deadlock "'suggests that there is some dissension one way or another in the jury room.'"
16. The Toronto Star has webbed a report by Rick Westhead, with Robyn Doolittle, which also quotes copiously from the jury note and Judge St. Eve's response when sending the jurors back in.
17. A report from Janet Whitman of the New York Post is entitled "Jury Deadlock: Judge Orders Continued Deliberations In Black Trial." An expert, Lee Dunst, is quoted as saying that guessing at the jurors' partial verdict right now is bound to yield a forecast that's too inaccurate to be of any definite worth.
18. Joanna Walters of the Daily Express has written a report that summarizes the deadlock. Her report is the second one to mention the forfeiture hearing that took place yesterday morning.
19. BNN aired an update from Amanda Lang at 10:08 AM ET. She reported that the jurors are back, and are deliberating. Conrad Black "seems relaxed," although he must be under tremendous pressure. The American media is coming in.
20. BNN also aired an interview with Jacob Frenkel, at 11:10 AM ET. Csr. Frenkel said that no-one knows when a verdict will come down. The judge isn't pressuring the jury to come to a verdict, as of yet. If she does, then there will be a special instruction for them to do so. The judge decides on when the jury is hung; then, it's up to the government to decide whether or not to proceed with a re-indictment. If one or more defendants are convicted on one or more charges, the government may drop the charges that resulted in a hung jury. He mentioned the burden of proof, especially in relation to an upcoming SEC case which has a lower one. If there's a conviction, the judge is bound by the applicable sentencing guidelines, so the prosecution's 'batting average' isn't relevant to the sentencing. He ended by settling upon this week, but not necessarily today, as the timeframe in which a verdict will be delivered.
21. Also aired by BNN was an interview with Bill Lawler, at 1:45 PM. Csr. Lawler noted that most juries who get deadlocked eventually reach a verdict. The jurors have been forbidden to reveal the extent of the split. The judge has discretion to accept a partial verdict, as well as discretion on how many times to send the jury back: the judge can even accept a partial verdict but not for every charge, and send the jurors back to deliberating on the remainder. Csr. Lawler believes that the acceptance of a partial verdict would be favorable to the prosecution, for two reasons: one, doing so might staunch a momentum towards acquittal; two, the prosecution can retry the charges that the jury got hung on with knowledge of what worked, and what didn’t work, in trial. An appeal isn’t automatic, but notification of the right to an appeal is. Requests to stay out of jail pending appeal is routinely granted, but far from a guaranteed grant. 'Scooter' Libby had his request turned down.
22. CTV News aired an update from Rosemary Thompson at 3:01 PM ET. She reported that Conrad spent the morning in his lawyer's office, and went for a walk with his wife in the afternoon. While out, he complained about media coverage of him to a cameraman. The jury is still deliberating, and will do so until 4:45 PM CT unless they hand down a verdict or leave early. There's still an expectation that there'll be a verdict today, but no certainty.
23. A report by Romina Maurino, webbed by the Montreal West End Chronicle, contains a prediction by Csr. Frenkel for a split verdict, with a guilty verdict on some indictments and not guilty on others. He's quoted further, as is Andrew Stoltmann on the deliberation process. It ends with a brief item about Judge St. Eve turning her attention to the sentencing of Muhammad Salah. (No sentence is included in that part of the report.)
24. BNN further aired, at 4:10 PM ET, an interview with Csr. Totten. He believes that Judge St. Eve probably won't send the jury back two-three times; there's the risk of a coercion issue to consider. The jury may very well deliver an unexpected verdict. On the subject of appeal, he also said it's too early to predict the outcome of any appeal of a guilty verdict. Any appeal would probably launch right after the verdict, but is likely to take a year to be settled given the current timeframe of appeals.
25. As part of the intermittent broadcasts on the wait, BNN aired an interview with Steve Merican, an appellate lawyer, at 5:12 PM ET. He thinks the jury is “fatigued,” or tired. They're probably engaged in conflict resolution, and will give the reach for unanimity “a good try.” The deadlock could be due to emerging personality conflicts which are being smoothed out. He thinks that the request for advice from the judge is “profoundly pro-defense.” He would also advise against accepting a partial verdict if asked by the defense. After the interview was over, co-host Jacquie McNish agreed with Csr. Merican, and speculated that a partial verdict would be the worst outcome for both prosecution and defense.
26. Interviewed right afterwards, at 5:23 PM ET, was Andrew Stoltmann, a securities lawyer and regular trial watcher. Csr. Stoltmann discussed the weaknesses of the prosecution’s case. The biggest problem that the prosecutors had was the volume of evidence and length of the trial. He gave general 50-50 odds for cases of this sort to end in a hung jury after a deadlock. Adding the RICO charge was the biggest mistake the prosecutors made; the concentration of accounting details in the presentation of the evidence was another mistake. A third one may have been trying the four defendants together, because the trial had to be dragged out even further. Three or more defendants tends to make a prosecution unwieldy.
Csr. Stoltmann guessed that the jury is deadlocked on at least some of the charges relating to the non-compete payments. He also said that the prosecution had a good case, especially with the generally easy-to-prove obstruction of justice charge, but they slipped because they“overtried” it. If there is a hung jury, the best bet is the prosecution will refile charges. The prosecution has much better odds when retrying a case of this sort, as the presentation is usually much improved.
What the SEC may do is important for Mr. Black right now because he signed a consent decree in 1982, which gives the regulatory agency the right to go after him with criminal charges for any further violation of securities laws. Most likely, they’ll lay a charge if he’s convicted on one or two counts.
With regard to jailing if convicted, Csr. Stoltmann said that Conrad Black will probably not be remanded until the sentencing hearing, 3-4 months later. He finished by noting that this case would have been treated as a civil trial, unambiguously, pre-Enron.
27. At about 5:40 PM ET, Ms. Lang reported on BNN that the jury is done for the day, with no verdict reached.
28. BBC News has webbed a report that summarizes yesterday afternoon's deadlock and today's continuance of deliberations. It also has a brief background on partial verdicts.
29. At 5:56 PM ET, Ms. Lang reported on BNN that the first juror out, a man, looked either angry or unhappy.
30 An end-of-day report, webbed by 1130 News, confirms that the verdict is still out of reach.
31. The Associated Press' end-of-day report is out also, as webbed by Forbes.com.
32. Reuters' is too, although it ends with a brief recap of yesterday's deadlock.
33. A report by Mary Vallis and Barbara Shecter, as webbed by Canada.com, covers the same ground, but contains an extended quote from Csr. Totten.
----------
Mark Steyn, in his Maclean's Conrad Black trial blog, has written a rundown on what verdict he would consider to be a victory for the U.S. government, and what one would not be. He also suggests that Conrad Black is easy to single out because he's "not driven by money but by strange obsolescent obsessions.... as I told Hollinger execs back then, I think it took his eye off the corporate ball at a critical time. That's one reason I believe he's innocent: At the time he was supposed to be Mister Corporate Kleptocrat, most of his energy was being devoted to suing his way into the House of Lords." A more recent entry, after informing his readers that he's going on assignment, directs his readers to another Maclean's trial blog, with entries by Steve Maich. [The first entry today by Mr. Maich was posted at 2:26 PM ET.]
Matthew McClearn, in the Canadian Business Black trial blog, starts off with a report on the waiting journalists. "The jury of the USA vs. Conrad Black et al trial in Chicago had been out nine days, and the press corps was becoming quite loopy. Scattered on the 12th floor hallway of the Everett McKinley Dirksen federal building, or occupying nearby cafes, the over-caffeinated journalists played euchre, worked on other news assignments or generally tried to occupy themselves as they awaited a verdict. Photographers and broadcast journalists lounged about in camping chairs in the first floor media pen. An anxious mood prevailed...." He returns to the same subject after recounting yesterday afternoon's events.
Also, Douglas Bell, in the Toronto Life Conrad Black trial blog, marvels at the paraphrases of "deadlock" that were used before communicating the widespread uncertainty over the outcome.
Subscribe to:
Posts (Atom)