Thursday, July 19, 2007

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.

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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...

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