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Defence lawyers for Conrad Black wrapped up their closing arguments in the former media baron's trial Wednesday in Chicago by calling him a "good man" who never defrauded anyone.
"Conrad Black is not guilty," said Edward Genson, Montreal-born Black's U.S. lawyer. "He's a little bit of a stubborn man, but he's an innocent man."
Genson spent more than an hour refuting each of the 13 charges Black faces, including the most serious accusation — racketeering.
Black is the only one of the four defendants facing a racketeering allegation — a charge that is normally reserved for mobsters and organized criminal enterprises.
"If there was an enterprise, it was the most dysfunctional enterprise there ever was," Genson said, saying the Hollinger executives must have been "mind readers" because the prosecution never presented any evidence of collusion between Black and the other defendants.
As for the nine wire and mail fraud charges Black faces, Genson told the jury that there's no evidence his client did anything wrong, adding the prosecution manipulated facts to try to make their case.
"Conrad Black is a good man," he told jurors. "Conrad Black did not defraud anyone."
Genson also said the allegations that Black misused company funds for his personal benefit do not stand up to scrutiny.
One count relates to Black's purchase of his New York apartment for $3 million US in 2000 — the same amount Hollinger International had paid for it six years earlier. The prosecution alleges that the purchase amounted to a fraud on Hollinger. But Genson said Black merely exercised a purchase option in the contract.
"Hollinger didn't lose any money on the sale of the apartment," Genson said. "They didn't make any either, but that's the fault of the contract."
Appropriate share
Genson also said Black paid an appropriate share of a lavish $62,000 US birthday party for his wife — an occasion that one defence witness had characterized as a "business event masquerading as a social occasion."
As for Black's trip to Bora Bora on the Hollinger jet, Genson said Black reported the entire cost of it as a taxable benefit.
The obstruction of justice charge — which referred to Black's removal of 13 boxes of documents from his Toronto office — was an example of the prosecution overreaching in its pursuit of Black, Genson said. Other lawyers for Black testified earlier that, at the time of the box removal, they had not sent Black a notice telling him that the SEC was opening an investigation.
Chicago Tribune reporter Ameet Sachdev told CBC News that Genson said some of the multiple charges amounted to "piling on by the government — that there was no criminal intent in those activities and were … issues for contract law and civil court."
After Genson finished, lawyers for the other defendants began their own final summations.
Documents 'speak volumes'
The lawyer for former Hollinger chief financial officer Jack Boultbee — who is facing 11 charges — told the jury to rely on the documents, which he said show his client did not commit fraud.
"[The prosecution witnesses] can't come in and say: 'I didn't mean what I said in the document, I lied,'" Gus Newman said.
"The documents are the documents and they speak volumes."
The main case against Black, Boultbee, former Hollinger exec Peter Atkinson and former Hollinger general counsel Mark Kipnis revolves around the prosecution's allegation that they illegally diverted $60 million US from the sale of Hollinger International, using the "cover story" of non-compete payments.
All have pleaded not guilty.
Closing arguments are expected to continue for the remainder of this week. After that, the judge will issue instructions to jurors, who could begin their deliberations next week.
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