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Conrad Black on Trial
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Black's defense says case is based on lies

ON TRIAL | 'The government doesn't have a smoking gun because there isn't one,' lawyer argues

June 20, 2007

Conrad Black's defense attorneys called star government witness David Radler a "serial liar" and claimed the government had offered nothing to back his story.

"David Radler is all they got," attorney Edward Greenspan said during closing arguments Tuesday in Black's federal fraud trial. "The government doesn't have a smoking gun because there isn't one."

'Can't be convicted for being rich'
'Can't be convicted for being rich'
Black, 62, the former CEO of Hollinger International, is accused along with Radler and three other former executives of helping to steal about $84 million from the company. The charges focus on bogus non-compete payments that the government says should have gone to Hollinger International, now called Sun-Times Media Group.

Both Greenspan and co-counsel Edward Genson argued that the government's case rested on a "few phone calls" Radler claimed he had with Black outlining the plan to steal money. "Where are the documents?" Greenspan said. "Where are the other witnesses?" He said Radler, the former Sun-Times publisher, couldn't even remember when the first call took place.

Genson said there was no evidence of a plan between the defendants. "It was like a conspiracy for mind readers," Genson said.

The defense attorneys argued that prosecutors focused on Black's ''champagne and caviar and oriental rugs'' to appeal to class prejudice. "In America, you cannot be convicted for being rich," Greenspan said.

On Monday, assistant U.S. Attorney Julie Ruder told the jury to not be misled by the defense "cover story," and that U.S. newspaper buyers never wanted non-compete agreements with anyone but Hollinger.

In answer to this, Genson noted that Radler, not Black, negotiated the U.S. deals, and that Black thought the non-competes were valid.

"Conrad really and truly believes that everyone in the world wants non-competes with him," he said.

Greenspan repeated his charge that former Gov. James R. Thompson and other former members of Hollinger's audit committee were lying when they testified they had not approved the non-competes.