By: E&P Staff Conrad Black, a.k.a. Lord Black of Crossharbour, wants U.S. prosecutors to stop using his membership in the House of Lords against him in the run-up to his criminal trial next March.
In documents filed in U.S. District Court in Chicago, lawyers for Black say references in the criminal indictment to the deposed newspaper mogul's wealth and his British peerage are "inflammatory and prejudicial." The documents were quoted in a Toronto Star article Monday by business reporter Tara Perkins.
Black's lawyers also asked U.S. District Court Judge Amy J. St. Eve to dismiss most of the 14 criminal charges he and other former key Hollinger International Inc. executives face for the alleged looting of the publishing company now known as the Sun-Times Media Group.
Black has pleaded not guilty to all the charges, and told reporters at a hearing earlier this month that he is eager to begin trial. All his co-defendants, including the company's CFO and its general counsel, have pleaded guilty to the similar charges. Black's former lieutenant, one-time Chicago Sun-Times Publisher F. David Radler, has pleaded guilty to a single count of mail-fraud in exchange for a reduced sentence and a pledge to cooperate with federal prosecutors in the case against Black and others.
In papers filed Friday in Chicago, the attorneys argue that the mail- and wire-fraud laws Black is charged with violating are too vague.
"Included in the mail/wire fraud allegations are claims Mr. Black deprived the alleged victims of 'the intangible right to honest services,' " defense attorney Marc Martin wrote in support of the dismissal. "The 'honest services' statute is unconstitutionally vague, both on its face and as applied."
Black's attorneys also contend two counts should be dismissed because the crimes they allege are based on incidents in Canada.
The Montreal-born Black, who renounced his Canadian citizenship to accept the British peerage, is not an American citizen, his lawyers note, arguing that the laws he is accused of breaking were never intended to apply to the actions of non-citizens on foreign soil.
More broadly, the court documents argue, prosecutors are hurting Black's chance for a fair trial with repeated references to his wealthy lifestyle. The indictment notes some instances of lavish spending, that he owns multiple residences including a mansion in Palm Beach, Fla., and that he has servants and a chauffeur.
"A typical juror does not reside in more than one residence, employ servants or a chauffeur, enjoy lavish furniture, or host expensive parties," the filing states.
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