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Conrad Black and his wife Barbara Amiel leave federal court in Chicago, June 24, 2011. Former media baron Black goes back to court today when a judge will decide whether the 29 months he has spent in prison for defrauding shareholders and obstructing justice were enough. Judge Amy St. Eve of U.S. District Court, who presided over Black's 2007 trial, could order the member of Britain's House of Lords to finish his original 78-month sentence, or she could shorten his punishment or let him go.
Photo Credit: John Gress, REUTERS
CHICAGO — Conrad Black was sentenced to return to prison for up to 13 more months, after a dramatic four-hour hearing in a Chicago courtroom Friday punctuated by an impassioned speech by the former media baron and the dramatic collapse of his wife.
Overcome at the prospect that her 66-year-old husband would spend more time in a penitentiary, Barbara Amiel Black, the frail 70-year-old wife of the former media baron, collapsed immediately as the judge ordered him back to jail on Friday, almost a year after he'd been released following 29 months in a Florida prison.
Earlier, Black unleashed an unrepentant 25-minute speech, during which he expressed some regret, railed at the corporate successors who destroyed his media empire, and at himself for having trusted his long-time business partner David Radler, and for his "skepticism about corporate governance zealotry."
He spoke of the toll the eight-year legal campaign against him has taken on his family. "My concern is not for myself . . . but for those dearest to me," he told Judge Amy St. Eve. "My family has suffered deeply . . . I do have great concerns in that area."
When he was finished speaking, the judge went through a checklist of procedural explanations, leading to her justification for reducing his original 78-month sentence to 42 months.
"It was about what I expected," he told the National Post after the hearing. "It is now a public relations battle and the first round was my remarks today, and the next round will be my book in a few months."
Still, it was not what he was hoping for.
His legal team had asked St. Eve to release him from jail for time-served because of his diminished convictions, his ailing health and his record as a model prisoner.
But the judge quickly made it clear it was not to be, when she remarked that based on the federal sentencing guidelines, the new range for the one count of fraud and one count of obstruction of justice that remained was between 51 to 63 months.
It was highly unlikely that the judge, who rules by the book, would submit to a "variance," effectively shaving a year off the federal guidelines, as Black's lawyers had asked her to consider.
If they knew their arguments and voluminous submissions would be in vain, Black's lawyers certainly didn't show it.
Three different lawyers argued repeatedly that there was no point sending him back to jail, because he'd already "suffered unmitigated" personal consequences.
David DeBolt talked about "prosecutorial intimidation" by the government against Black, who he said should not be blamed or punished for "being skeptical of the system."
Carolyn Gurland, a Chicago-based lawyer, described Black's efforts as an educator at Coleman Federal Correctional facility in Florida "as an inspiration in a place where inspiration is rare."
Reading from letters submitted by his fellow inmates, she told the court that Black's work as a tutor and mentor at the prison "affirmed the worth of many people whose life had been deemed worthless." She spoke at length about the U.S. government's contradictory affidavits from two prison staff members at Coleman who depicted Black as an uninspired tutor who demanded special treatment.
Calling them a "recent fabrication" and "false," Gurland argued it was "wrong to imply that his sentence should be more severe because of a mistaken depiction that he is an elitist."
Gurland also read from letters submitted to the court by family and friends and noted Black has serious health issues, including high blood pressure, high cholesterol and a heart arithmyia, and he required medical attention for skin cancer.
Black's lead attorney, Miguel Estrada, described the "grace" Black showed during his incarceration, which he described as "an utterly dehumanizing environment."
"At the end of the day, this is about who Mr. Black is and what he does with the rest of his life," Estrada told the judge. "He's already been harshly punished."
U.S. prosecutor Julie Porter asked that Black be forced to compete his 78-month sentence, and scoffed at his "celebrity status in Coleman."
She accused Black's team of laying "it on awfully thick" by offering an "exaggerated picture of his time" in prison, and asked the judge to view the letters from inmates "with a grain of salt."
Porter, one of the four attorneys who prosecuted Black in 2007, defended against allegations that the government pursued the former media baron because they confused his efforts to defend as arrogance.
"To the extent the government cares about arrogance," she said, "is the arrogance of a corporate CEO who committed fraud and covers it up by obstructing justice. That's the only arrogance the government cares about."
About three hours into the hearing, Black stood to address the judge.
In his remarks, he quoted Mark Twain, saying "a lie gets halfway around the world before the truth gets its trousers on." He added: "It is very late in this case, Your Honor, but the truth has almost caught up with the original allegations."
Black, who once controlled the third-largest English-language newspaper empire, which included the National Post, was originally convicted in 2007 of three counts of fraud and one count of obstruction of justice for misappropriating $6.1 million U.S. at Chicago-based Hollinger International Inc.
After a series of appeals, his convictions have been reduced to one count of fraud ($600,000) and one of obstruction of justice, resulting in Friday's resentencing hearing.
During his remarks, Black challenged the prosecution's portrayal of him as a "guerrilla warrior," insisting he had been "absolutely submissive" to the court and "scrupulously obedient" to all of its rulings. In prison, Black said, he followed "every rule, every regulation" no matter how draconian.
"The problem is not my lawlessness, it is the weakness of their case," he told the judge.
As a result, Black said, the source of the government's "irritation" toward him was that "I have led the destruction of most of their case, and have successfully protested my innocence of charges of which I have, in fact, been found not to have been guilty."
In her ruling, St. Eve largely said the prison letters played a "significant" role in her decision and that she was impressed by the preponderance of letters, especially from Black's fellow inmates.
After St. Eve rendered her verdict, his lawyers asked for six weeks before he surrenders to prison authorities. They also requested an opportunity for Black to renew his British passport. The judge agreed, even suggesting he use his time before going back to jail to process the paperwork and to get photographs.
"You are different person today having spent 29 months in jail," she said. "I still scratch my head as to why you engaged in this conduct. Good luck to you."
With that, a stone-faced Black rushed out of the courtroom to check on his wife.
ttedesc@nationalpost.com
Overcome at the prospect that her 66-year-old husband would spend more time in a penitentiary, Barbara Amiel Black, the frail 70-year-old wife of the former media baron, collapsed immediately as the judge ordered him back to jail on Friday, almost a year after he'd been released following 29 months in a Florida prison.
Earlier, Black unleashed an unrepentant 25-minute speech, during which he expressed some regret, railed at the corporate successors who destroyed his media empire, and at himself for having trusted his long-time business partner David Radler, and for his "skepticism about corporate governance zealotry."
He spoke of the toll the eight-year legal campaign against him has taken on his family. "My concern is not for myself . . . but for those dearest to me," he told Judge Amy St. Eve. "My family has suffered deeply . . . I do have great concerns in that area."
When he was finished speaking, the judge went through a checklist of procedural explanations, leading to her justification for reducing his original 78-month sentence to 42 months.
"It was about what I expected," he told the National Post after the hearing. "It is now a public relations battle and the first round was my remarks today, and the next round will be my book in a few months."
Still, it was not what he was hoping for.
His legal team had asked St. Eve to release him from jail for time-served because of his diminished convictions, his ailing health and his record as a model prisoner.
But the judge quickly made it clear it was not to be, when she remarked that based on the federal sentencing guidelines, the new range for the one count of fraud and one count of obstruction of justice that remained was between 51 to 63 months.
It was highly unlikely that the judge, who rules by the book, would submit to a "variance," effectively shaving a year off the federal guidelines, as Black's lawyers had asked her to consider.
If they knew their arguments and voluminous submissions would be in vain, Black's lawyers certainly didn't show it.
Three different lawyers argued repeatedly that there was no point sending him back to jail, because he'd already "suffered unmitigated" personal consequences.
David DeBolt talked about "prosecutorial intimidation" by the government against Black, who he said should not be blamed or punished for "being skeptical of the system."
Carolyn Gurland, a Chicago-based lawyer, described Black's efforts as an educator at Coleman Federal Correctional facility in Florida "as an inspiration in a place where inspiration is rare."
Reading from letters submitted by his fellow inmates, she told the court that Black's work as a tutor and mentor at the prison "affirmed the worth of many people whose life had been deemed worthless." She spoke at length about the U.S. government's contradictory affidavits from two prison staff members at Coleman who depicted Black as an uninspired tutor who demanded special treatment.
Calling them a "recent fabrication" and "false," Gurland argued it was "wrong to imply that his sentence should be more severe because of a mistaken depiction that he is an elitist."
Gurland also read from letters submitted to the court by family and friends and noted Black has serious health issues, including high blood pressure, high cholesterol and a heart arithmyia, and he required medical attention for skin cancer.
Black's lead attorney, Miguel Estrada, described the "grace" Black showed during his incarceration, which he described as "an utterly dehumanizing environment."
"At the end of the day, this is about who Mr. Black is and what he does with the rest of his life," Estrada told the judge. "He's already been harshly punished."
U.S. prosecutor Julie Porter asked that Black be forced to compete his 78-month sentence, and scoffed at his "celebrity status in Coleman."
She accused Black's team of laying "it on awfully thick" by offering an "exaggerated picture of his time" in prison, and asked the judge to view the letters from inmates "with a grain of salt."
Porter, one of the four attorneys who prosecuted Black in 2007, defended against allegations that the government pursued the former media baron because they confused his efforts to defend as arrogance.
"To the extent the government cares about arrogance," she said, "is the arrogance of a corporate CEO who committed fraud and covers it up by obstructing justice. That's the only arrogance the government cares about."
About three hours into the hearing, Black stood to address the judge.
In his remarks, he quoted Mark Twain, saying "a lie gets halfway around the world before the truth gets its trousers on." He added: "It is very late in this case, Your Honor, but the truth has almost caught up with the original allegations."
Black, who once controlled the third-largest English-language newspaper empire, which included the National Post, was originally convicted in 2007 of three counts of fraud and one count of obstruction of justice for misappropriating $6.1 million U.S. at Chicago-based Hollinger International Inc.
After a series of appeals, his convictions have been reduced to one count of fraud ($600,000) and one of obstruction of justice, resulting in Friday's resentencing hearing.
During his remarks, Black challenged the prosecution's portrayal of him as a "guerrilla warrior," insisting he had been "absolutely submissive" to the court and "scrupulously obedient" to all of its rulings. In prison, Black said, he followed "every rule, every regulation" no matter how draconian.
"The problem is not my lawlessness, it is the weakness of their case," he told the judge.
As a result, Black said, the source of the government's "irritation" toward him was that "I have led the destruction of most of their case, and have successfully protested my innocence of charges of which I have, in fact, been found not to have been guilty."
In her ruling, St. Eve largely said the prison letters played a "significant" role in her decision and that she was impressed by the preponderance of letters, especially from Black's fellow inmates.
After St. Eve rendered her verdict, his lawyers asked for six weeks before he surrenders to prison authorities. They also requested an opportunity for Black to renew his British passport. The judge agreed, even suggesting he use his time before going back to jail to process the paperwork and to get photographs.
"You are different person today having spent 29 months in jail," she said. "I still scratch my head as to why you engaged in this conduct. Good luck to you."
With that, a stone-faced Black rushed out of the courtroom to check on his wife.
ttedesc@nationalpost.com
© Copyright (c) National Post
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