Conrad Black
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I write to you from a US federal prison. It is far from a country club or even a regimental health spa. I work quite hard but fulfillingly, teaching English and the history of the United States to some of my co-residents. There is practically unlimited access to e-mails and the media and plenty of time for visitors.
Many of the other co-residents are quite interesting and affable, often in a Damon Runyon way, and the regime is not uncivilised. In eight months here there has not been the slightest unpleasantness with anyone. It is a little like going back to boarding school, which I somewhat enjoyed nearly 50 years ago (before being expelled for insubordination) and is a sharp change of pace after 16 years as chairman of The Daily Telegraph. I can report that a change is not always as good as a rest.
However, apart from missing the constant companionship of my magnificent wife Barbara, who visits me once, twice or even three times each week and lives nearby in our Florida home with her splendid Hungarian dogs, I enjoy some aspects of my status as a victim of the American prosecutocracy.
My appeal continues. Given the putrefaction of the US justice system, it is an unsought but distinct honour to fight this out and already to have won 85% of the case and 99% of the financial case. The initial allegation against me of a “$500m corporate kleptocracy” has shrunk to a false finding against me - that even some of the jurors have already fled from in post-trial comments – of the underdocumented receipt of $2.9m. There is no evidence to support this charge.
It has been a grim pleasure to expose the hypocrisy of the corporate governance establishment, who have bankrupted our Canadian company and reduced the share price of the American one from $21, when I left, to a miraculous two cents (yes, two cents). They have vaporised $2 billion of public shareholder value; fine titles in several countries have deteriorated; and for their infamies, the protectors of the public interest have cheerfully trousered more than $200m.
US federal prosecutors, almost all of whom would be disbarred for their antics if they were in Britain or Canada, win more than 90% of their cases thanks to the withering of the constitutional guarantees of due process – that is, the grand jury as an assurance against capricious prosecution, no seizure of property without just compensation, access to counsel, an impartial jury, speedy justice and reasonable bail.
We did not know the grand jury was sitting, have never seen the transcript of its proceedings and I was denied counsel of choice by the ex parte seizure, which the jury later judged to be improper, of the proceeds of the sale of an apartment in New York that I was going to use as the retainer for trial counsel.
The system is based on the plea bargain: the barefaced exchange of incriminating testimony for immunity or a reduced sentence. It is intimidation and suborned or extorted perjury, an outright rape of any plausible definition of justice.
The US is now a carceral state that imprisons eight to 12 times more people (2.5m) per capita than the UK, Canada, Australia, France, Germany or Japan. US justice has become a command economy based on the avarice of private prison companies, a gigantic prison service industry and politically influential correctional officers’ unions that agitate for an unlimited increase in the number of prosecutions and the length of sentences. The entire “war on drugs”, by contrast, is a classic illustration of supply-side economics: a trillion taxpayers’ dollars squandered and 1m small fry imprisoned at a cost of $50 billion a year; as supply of and demand for illegal drugs have increased, prices have fallen and product quality has improved.
I wish to advise Lord Hurd that when I return to the UK I would like to take up more energetically than I did initially his request for assistance in his custodial system reform activities.
Obviously, the bloom is off my long-notorious affection for America. But I note from recent comment in Britain and Europe that the habit of blaming anything that goes awry in the world on the US is alive and well. However, the United States has not disintegrated and American capitalism is not dead, nor even in failing health. The recent financial upheavals have exposed the folly of the US Congress and Federal Reserve and will aggravate a cyclical recession and take some time to shake out.
The United States has just retained the riveted interest of the whole world, most of which does not wish it well, in the billion-dollar vulgarity of its election process for an entire year. And it surely has earned the respect of the world in elevating a very capable leader as the first non-white man to head any western nation.
I would be distinctly consolable if the United States really was in decline and I have more legitimate grievances against that country than do The Guardian or the BBC, but it is still a country of incomparable vitality even as its moral, judicial soul atrophies and reeks.
This is an edited version of an article by the former Daily Telegraph proprietor that appears in the current edition of Spear’s Wealth Management Survey magazine
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Conrad who?
Roger Lorton, Nongprue, Thailand
I guess Lord Black isn't expecting George W. Bush to pardon him, and/or set him free! He teaches American History to fellow prisoners! Perhaps Conrad Black's version of American History!
Michael Sullivan, Toronto, Canada
A well written piece yes, but I still wouldn't trust him with my wallet!
David, Bury St Edmonds, UK
If "freedom" is almost wholly dependent on personal spending-power, enough of the richest become a law unto themselves - or in vanity think they should be. To any decent-minded person Conrad Black is getting exactly what he deserves. It's laughable some think his "writing skills" absolve him.
Peter, Widnes, England
This man is one of the most arrogant human beings I have ever seen.To say that he enjoys being a victim goes beyond all that is rational.He has been the cause of many hundreds of people losing their employment in Canada in the past when he purchased many companies and then closed them down.
Peter FOY, London Ontario, Canada
Lord Black could be the best writer of the last 25 years. His sharp wit sure definitely not dulled in prison. As for the US legal system, two of the top figures in class action lawsuits and bringing down CEOs, John Edwards and Eliot Spitzer, are now disgraced philanders. Holier than who?
Chris Haines, Vancouver, Canada
Conrad Black sounds like Mr Dorit held in the Marchalsey debtors prison. Everybody affable and agreeable and on good terms with the turn key. No doting daughter though.
Black cannot claim to be a victim not after all that thievery. He trousered huge sums of money then got caught. fair and square.
Colin, Carmarthen, United Kingdom
He's right that US justice reeks. Prosecutors there throw out any wild charge, detain the accused, then spend a year combing the victim's life so as to assemble a shopping list of charges. They even sometimes all but jettison the original bogus charge, as in Black's case. Corrupt!
Jack Archer, Ottawa, Canada
Good Grief people he spoke the truth. Ever tried prison?
No one there ever speaks the truth as they are afraid to do so. NSA. CIA, FBI are all spys for the state. And the state is not the Prez!
Nothing is as it seems in the media.
John, Wasaga Beach, Canada
George Bush should give you a pardon as, we all know, your conviction was politically motivated. And, remember me!
ian cheese, london, uk
There ought to be no such a thing as an economic crime in a free country.
Conrad had a choice. He could have supported the Libertarians with his fortune and he chose to support the Conservatives.
Let him suffer the consequences I say.
Chris Buors, Winnipeg Manitoba, Canada
E.A. Morgan, from Wolfville, N.S., Canada:
1/4 of our population is in jail? Where do you get this from? It's actually 1 percent! Please read the stats before making wild accusations.
Cassie`, Tucson, USA
Excellent writing!!!! I wish I can write like this - nothing sarcastic here!
Toto, Montreal, Canada
If you don't like the judicial system in the U.S., stay where you are. There are people in jail who don't belong there, I agree. However, there are many, many more who should be in jail and are not there. If you can't do the time, don't do the crime.
Pam, Albany, GA, USA
Given that the prosecutocracy, to quote Lord Black, is defended
to the death by trial lawyers, you can expect any effort to change
it will be opposed to the death by the trial lawyers.
It is sad to see the US put more confidence in what is factual
rather than what is true.
David W. Lincoln, Edmonton, Alberta, Canada
In American popular culture, an accusation of over-reaction is often accompanied by this phrase: "don't make a federal case of it." One typical resume of a federal prosecutor reads: "104 consequetive successful Felony prosecutions. " Conrad Black needs to know: Defence is a nullity in these.
Geo Fulton, Vancouver, Canada
I agree our systems stinks. No need to have so many locked up for minor things like drugs. Find another solution. And someone needs to hold the prosecutors personally responsible, they don't care who is guilty and can build a case
against anyone, with some evidence thrown out.
Viola Perry, Kempner, TX, USA
Fascinating that while he admits the bloom is off (his) long-notorious affection for America he manages to blame its current economic woes on wait for it the folly of the US Congress and Federal Reserve and not on the greed of Wall St. pluto/kleptocrats just like himself.
Mike Hutton, Ottawa, Canada
Lord Black's lawyers are currently working to secure him a presidential pardon when Dubya steps down. Writing something like this, which (a) shows no signs of remorse and (b) slags off the US justice system in no uncertain terms might not be the most helpful thing for his lordship to have done!
James Albert, St Albans,
"In eight months here there has not been the slightest unpleasantness with anyone."
That's because your in a country club jail, Conrad. Try the real deal and my money says you wouldn't be writing about reforming the system after 8 months, because your arrogance in there would have gotten you killed
L Wilgosh, Toronto, Canada
Its hard to beleive a man who systematically ripped off his shareholders for so many years now has the gall to turn around and claim he is a victim. He even accuses the US prison companies of avarice - pot calling the kettle black....
Any early release would certainly represent an injustice.
FJ, London,
As Andrew Sullivan points out, what a shame that theit never occurred to Conrad Black to be in favor of reform until he was locked up himself. How much more easy would it have been to work for reform of such an obviously broken system while he was as yet unenmeshed by it.
Nicholas Hunter, Houston, TX, USA
In spite of what we might think of Conrad Black, once again the capacity of a human being to adjust and overcome their circumstances is amazing. You see it daily in what is otherwise disturbing news from all over the world. So here is Lord Black now enjoying his new status as a prisoner!
Charan Muzaya, London, UK
Plea bargains do undermine the justice system. Prosecutors offer them all the time, and if defendants go to trial instead, they get a worse sentence than they would have gotten if they'd accepted it. It is called a trial tax, and it is illegal, but it happens all the time.
Jerry, Chicago, IL
No wonder there are more people in prison in the US where the prosecutors are elected and relected on the basis of the conviction rate...he can produce..the plea bargins that he can make. Might just as well plead guilty in the first place and save your money...
Tony, St John's, Canada
My husband and I really did appreciate Giles Coren's article in Saturday's Times, titled 'We Need High Culture When the Index is low'. His fluent rant of the state our nation and its population is in, was spot on! He has now joined the grumpy set.
Lynne Tunley, Lewes, England
Having read and followed this case from almost the beginning, I have been appalled at the number of incarcerations in the U.S. It seems to be the biggest business in America now with 1 in 4 of the population inside.
What a horrific waste of talent. I just hope that there is some hope for America
E.A. Morgan, Wolfville, N.S., Canada
Read John Grisham's The Appeal. Even he has no respect for the American legal world. What a terrible waste of taxpayer's money. Evil incarnate.
E.A. Morgan, Wolfville, N.S., Canada
Maybe he did some wrong,problem is under the American justice system he was used because of his lifestyle,i would hate to be be put on trial by the American Judical system,it appears most of the Prosecutors want to make a name for themselves or get elected to a better job.
Gordon F.Reynolds, London, Ontario
Were I a Hollinger shareholder, I would much rather have Lord Black in charge and skimming off the top than the incompetent dolt "victims" who destroyed the company after he fell. His critics are unfamiliar with the case.
Eric Richard, Tulsa, Oklahoma, USA
In spite of the usual suspect criticisms of Black's diatribe against U.S. hypocricy and justice corruption, I agree with all he said. The conviction and sentence took him by surprise, he really believed that he would win the case, and so with hindsight and building anger he analyses truth.
John P, Westcliff on sea, England. U.K.
Will he remain as "committed" to fixing the system when he gets out? Is this just some sympathy ploy? If he had paid attention prior to being jailed, he could have shown light on all the subjects that now occupy his attention. Leave him in to make sure the lesson "sets in", is not forgotten.
William, Washington DC, USA
About time the us justice system was attacked. It gives life for the most minor crime. 5 years for a brawl. Considering the prevelance of Aids and rape in US prisons this is a death sentence. The system is also inherently racist. Obama must give an amnesty to the 6million black prisoners.
k ben tham, wigan, uk
Great atricle! There is always a short cut and as usual the American judical system has one. It does prove that there always should be a trial. However the cost is very high, and to solve that barrier, is to do away with private lawyers and have all legal proffessionals government employees.
Jim Wills, Brisbane, Australia
So why didn't he give evidence himself at trial?
Andy, Worthing, UK
Of course he would say that wouldn't he :-)
Jurgen, St Maixent sur Vie, France
For someone who exercised his right to a trial, and declined a plea bargain, why is he so upset about plea bargains?
Bernie , Bayport, New York, USA
The pomposity of this common thief. Yes, there was scant evidence against Conrad Black b/c, as the CCTV footage showed at his trial, he defied court orders and removed a large box of files from his offices, obstructing the fair course of the investigation. A cultured crook is still just a crook.
MS, london,
Good luck to him I reckon he is absolutely right the justice system is an abomination... I heard that he was really good to his staff,I wouldn't mind a job working for him... !!!
Hugh E Torrance, London, England
You don't have to have the slightest sympathy or affection for Conrad Black (and I have none) to acknowledge that much (or at least some) of this article is spot on.
The extent to which plea bargaining forms part of the criminal jurisprudence in the US is an abomination.
Peter Johns, Brisbane, Australia
Can the public exert sufficient pressure on our arcane order of ennoblement to have a peer stripped of their "honour"? Surely, when they break the law and are found guilty and imprisoned they should renounce the right to their title and remove themselves from the House. They are tainted!!
Philip Duckworth, Huntly, Scotland
an excelleny article from a victim of the egregious US 'justice system' how many in US prisons have perjured to avoid threat of more serious sentences
if the system is thus in civil cases, how can we have much faith in the convictions of the 'war on terror'
unless Conrad's experience is unusual
bill, ely,
This is a man who spent years with both hands in the till. His idea of injustice is having got caught that his battery of high-powered lawyers could not spring-him.
If you can't do the time, don't do the crime.
Dominic , Chorley, UK
I remember when California first brought out the "Three Strikes" rule, prosecutors were worried because defendents would have no reason to plea bargain and might force them to actually present a real case.
But each country has its own rules I guess
martin Wright, birmingham, england