Conrad Black sentencing hearing underway
Last Updated: Monday, December 10, 2007 | 11:49 AM ET
CBC News
A federal judge in Chicago has rejected a request from Montreal-born Conrad Black's lawyers to further delay the former media baron's sentencing on fraud and obstruction of justice charges.
Judge Amy St. Eve on Monday denied a defence bid to strike a victim impact statement from the Sun-Times Media Group — the company that used to be known as Hollinger International.
Convicted former newspaper mogul Conrad Black arrives at the federal building in Chicago with his wife, Barbara Amiel Black, for sentencing on fraud and obstruction of justice convictions.
(Jerry Lai/Associated Press)
That means Black will soon learn his sentence.
Black could be sentenced to up to 35 years. But it appears he will receive much less. The CBC's Heather Hiscox reported Monday that the judge has chosen to apply more lenient sentencing guidelines when she passes sentence.
The judge also ruled that the prosecution had not made its case that the fraud amounted to $32 million US. Instead, she said she would base the sentence on the $6-million US loss that had been estimated in a pre-sentencing report.
Black arrived at the federal courthouse at around 9:45 a.m. CT. He said nothing to reporters on his way in.
In July, Black was convicted of three counts of mail fraud relating to the diversion of millions of dollars in non-compete payments from the sale of Hollinger newspapers.
Black was also found guilty of one count of obstruction of justice for removing boxes of documents from his Toronto office. He was acquitted of nine other charges — including racketeering. He is appealing his convictions.
In a continued display of defiance, Black has refused to stay silent ahead of the sentencing date and has reiterated his insistence that he has done nothing wrong.
Prosecutors are asking that Black's apparent lack of remorse be considered when the sentence is pronounced. They're pressing for a term upward of 20 years. But a leaked pre-sentence report is apparently calling for a much lighter sentence of five to seven years.
May get holiday reprieve
If sentenced to jail time, Black's incarceration would likely not begin until after the holidays, said Hugh Totten, a Chicago lawyer who attended much of the trial.
"They'll give him some time to get his affairs in order, if he hasn't done so already," Totten told CBC News on Monday in Chicago.
But Totten added it would be "extremely unusual" for St. Eve to allow Black to be free on bail while he appeals the convictions.
In a series of e-mails with CBC News last week, Black said if he does head to prison, it would "only compound the injustice of this entire vendetta."
Prison would be "a bore, but quite endurable," he wrote. He also had no time for suggestions that a jail sentence would be "shaming." Prison, he said, would be "a badge of honour to help expose prosecutorial excesses."
CBC reporter Mike Hornbrook asked him, again by e-mail, if he was sorry for what happened at Hollinger when he was in charge and if he'll apologize or ask the judge for leniency.
"Wait until Monday," Black responded, "and learn the answers."
There's speculation that he will make a lengthy speech.
"I think he will make some sort of statement today," Chicago securities lawyer Andrew Stoltmann told CBC News.
Black won't be the only defendant to face sentencing Monday morning. His three co-accused — Peter Atkinson, John Boultbee and Mark Kipnis — were also convicted of three counts of mail fraud. The judge later threw out one of the convictions against Kipnis.
With files from the Associated Press
