U.S.: Don't Let Conrad Black Out on Bail

By: Mark Fitzgerald Lawyers for Conrad Black have until Wednesday to respond to the U.S. government's opposition to releasing the deposed newspaper baron on bail. The Supreme Court is expected to hear Black's plea to be freed from federal prison next week.

Last month, the Supreme Court agreed to hear Black's challenge to his mail fraud convictions arising from allegedly improper non-compete fees directed to him and other top executives of the chain now known as the Sun-Times Media Group. Jurors were instructed they could find Black guilty of fraud if they believed his pocketing those fees was theft or if it amounted to the denial of his "honest services" to the company and its shareholders. The jury did not say which concept it used in convicted Black of three of the 12 charges against him. Black was also convicted of obstruction of justice.

By taking the case, the high court signaled it would rule on whether the so-called "honest services" concept can be applied to alleged corporate malefactors. Many politicians, most notably from Illinois, have been convicted using that theory of prosecutors, but not all judicial districts accept the concept.

Black has asked to be released on bail while the Supreme Court decides the case, which it will take up in its next term that begins in October.

In a 27-page memorandum to the high court, U.S. Solicitor General Elena Kagan argues that there was sufficient evidence to convict Black of fraud without the honest services sentencing instruction. "Applicant's request for bail pending certiorari should be denied as well because, even if he prevails on his challenge to his fraud convictions, he will face a sentence on his obstruction conviction longer than the time it will take this Court to issue its merits decision," Kagan wrote.

The solicitor general did say Black could take his request for bail back to his sentencing judge in U.S. District Court in Chicago. That judge, Amy St. Eve, rejected Black's initial request for bail while appealing his convictions.