Conrad Black appeal panel weighs decision
Last Updated: Wednesday, September 29, 2010 | 6:18 PM ET
CBC News
Related
External Links
(Note: CBC does not endorse and is not responsible for the content of external sites - links will open in new window)
Conrad Black, seen in December 2007, is free on bail. (John Gress/Reuters) An attorney for Conrad Black invoked both a landmark ruling by the U.S. Supreme Court — and Disney character Minnie Mouse — Wednesday in his bid to have a U.S. Federal Appeals court in Chicago throw out the former media mogul's 2007 convictions on fraud and obstruction.
Defence attorney Miguel Estrada, arguing that Black should now be released for good, said jurors gave too much weight to the now much narrower "honest services" provisions in convicting Black of defrauding Hollinger International Inc. investors.
Since Black's conviction, the Supreme Court ruling has limited the honest services law to bribes and kickbacks.
"It's our submission that none of the fraud or obstruction of justice charges can survive," Estrada told the three judges.
Prosecutor Edmond Chang disagreed.
While conceding the government based part of its case on honest services — that Black deprived the company of his faithful services as a corporate officer — Chang said a simpler, undisputed legal notion underpinned arguments to jurors: that Black stole money.
Black is now on bail, having served more than two years of a 6½-year sentence in a Florida prison.
Ruling could come within days
The judges retired to weigh their decision and could make their ruling within days, CBC's David Common reported from Chicago.
In court filings, Estrada argued that the "'taint" of the three fraud convictions prompted the jury to convict Black of obstructing justice when he removed boxes of documents from his office.
The defence's argument is, essentially, that there was no fraud, so there could not be any obstruction.
In arguing there was no obstruction, Estrada employed an unlikely metaphor of a false accusation that he had an affair with Minnie Mouse.
"If I [then] burn my Disney comics, I can't be convicted for trying to cover up a relationship with Minnie Mouse," he told the judges.
"On the contrary," Judge Richard Posner quickly responded, drawing laughter from the crowded court. "You burned them because you were going to be prosecuted for Minnie Mouse."
In their argument, the prosecution cited the sale of a small northern California newspaper — the Mammoth Times — where Black and his fellow executives skimmed $5.6-million off the top and put it in their pockets.
Prosecutors claim that the money should have gone to Hollinger, and that Black took steps to conceal the skimming from the company's audit committee, shareholders and the U.S. Securities and Exchange Commission.
With files from The Canadian PressShare Tools
Top News Headlines
- Syria massacre toll up to 108, UN monitor says
- The UN Security Council is holding an emergency meeting Sunday to discuss the recent massacre in the Syrian town of Houla, in which 108 people died, many of them children under the age of 10. more »
- Montreal protesters march in peaceful defiance
- The clanging of pots and pans sounded throughout Montreal's downtown core Saturday night and into early Sunday morning, as thousands of protesters marched on in peaceful — but loud — defiance of Bill 78. more »
- Love film a 2nd win for Cannes director
- Michael Haneke won the Cannes Film Festival's top trophy for a second time with his film about love and death, Amour. more »
- Lady Gaga nixes Indonesia show after threats
- Lady Gaga cancelled her sold-out show in Indonesia after Islamist hard-liners threatened violence, claiming her sexy clothes and provocative dance moves would corrupt the youth. more »
Latest Business Headlines
- Bankia asks Spain for €19B
- The board of directors of Spain's troubled bank, Bankia, has asked the Spanish government for €19 billion ($24.5 billion Cdn) in financial support. more »
- EI reforms aim to boost employment, Flaherty says
- Finance Minister Jim Flaherty defended his government's proposals to change employment insurance, saying the aim is to remove "disincentives to employment." more »
- Employment Insurance review boards to be scrapped
- The federal government is scrapping two review boards used by people appealing decisions made about their employment insurance. more »
- Ottawa moves to limit foreign investment reviews
- The federal government is raising to $1 billion the amount of foreign money that can go into a Canadian company before the investment is reviewed. The review has been used in the past to block foreign takeovers of MDA and Potash Corp. more »
Lang & O'Leary Exchange
Markets
| Index | Last Trade | Change |
|---|---|---|
| TSX COMPOSITE | 11576.47 | 10.4 |
| DOW | 12454.83 | -74.92 |
| NASDAQ | 2837.53 | -1.85 |
| SP 500 | 1317.82 | -2.86 |
| NYSE COMPOSITE | 7534.32 | -18.01 |
| AMEX | 2227.37 | 1.45 |
| TSX-VENTURE | 1309.27 | 26.8 |
The data on this site is informational only and may be delayed; it is not intended as trading or investment advice and you should not rely on it as such.
Business Features
- Teen struck by lightning in Ottawa dies
- Missing Winnipeg children found in Mexico
- Quebec tornadoes cause millions in damage
- Montreal protesters march in peaceful defiance
- Syria massacre toll up to 116, UN monitor says
- Woman's remains found in hockey bag on Cape Breton river
- Everest team unable to bring down Toronto woman's body
- WWE apologizes to Brazil over Canadian's flag stomp
- Pope's butler arrested in Vatican leaks scandal

