Feds Ask Judge To OK Radler Plea Bargain As Conrad Black Seeks Sentencing Delay

By: E&P Staff By near universal agreement, F. David Radler's testimony as the supposed star witness in the federal fraud trial of his longtime boss and business partner was hardly a home run. The former publisher of the Chicago Sun-Times and COO of its company -- then known as Hollinger International -- at times sounded uncertain, forgetful, defensive, and even evasive on the stand.

Still, Black was convicted of three counts of fraud and one count of obstruction of justice, though he was acquitted of racketeering and several other charges in the alleged "looting" of Hollinger International through phony non-compete fees and other improper payments.

Prosecutors are now asking a federal judge in Chicago to formally approve the plea bargain Radler reached in the fall of 2005 that would sentence him to 29 months in jail, likely to be served in his native Canada, in exchange for a guilty plea to a single count of fraud in the Hollinger misappropriations.

Radler is to be sentenced Dec. 10 in a federal courthouse in Chicago.

Meanwhile, Black's attorneys are headed to a court hearing Thursday on their request for a delay in his sentencing, which is scheduled for Nov. 30.

Black's attorneys contend they need extra time to file objections to the pre-sentence report (PSR) that is expected to be released Tuesday.

"In light of the legal and factual complexities of this case and his sentencing counsel's relatively recent involvement in the matter, defendant Black believes the short extension of time is needed to ensure that counsel has a sufficient opportunity to review ad respond to the PSR and prepare for the sentencing hearing,'' the lawyers wrote in papers filed Friday.

Black is seeking a delay of sentencing to mid-December.

Black was convicted in July along with three other former top Hollinger executives, Peter Atkinson, John "Jack" Boultbee, and Mark Kipnis. One fraud count against Kipnis, the publishing company's general counsel, was dismissed by the judge last week.

Black has been free on bond but forbidden to travel to his native Canada or to Britain, where he is a member of the House of Lords. Black in 2001 gave up his Canadian citizenship to take the peerage. He has been staying in Palm Beach, Fla., where he owns a mansion.