Today they sentence Conrad Black, an event that I have waited for like a kid
waits for Santa.
Mr. Black has maintained all along that the remaining convictions
against him are rubbish and even offered his opinion that this is a
fine example of how US justice functions as a wealth redistribution system.
I would call him Conrad here, except I don't know him, nor do I think he would
consider me his buddy. I don't think he is a member of the British House of Lords
anymore, so it has to be Mr. Black. Anything else would be disrepectful.
Here we have a guy named Conrad Black, from Canada, being sentenced for BIG TIME
fraud and obstruction of justice by the US legal system. Many people in Canada are
thinking, well it's about time! He got away with far too much shit here for
way too long. Where were our watchdogs and enforcers?
Hollywood screenwriters are on strike as I write this. A name like
Conrad Black might be too hokey for an grade 'A' Hollywood movie script. It's
like having a lawyer named Lipschitz as a hired mouthpiece.
Interest in Mr. Black has waned but this is destined to change
as soon as he has been sentenced.
There have been conflicting reports on how long (or short) the
sentence may be. One thing is certain, the behavior and attitude of our
favorite felon since his conviction has been a textbook case of when to
impose a longer sentence.
No remorse, no respect for the process, and absolutely no admission that he may
have done something wrong. He has outdone Jeffery Skilling, now serving 24 years
for his role in the Enron fraud.
If delusion was an Olympic sport, Mr. Black would be a favorite for the
gold medal.
I have found that the best source of entertainment on our fallen hero to be a
blog
by Toronto Life columnist Douglas Bell.
Mr Bell is a pretty good writer in his own right, but he also includes great web
links from elsewhere. And there are reader comments that include links from,
well, everywhere.
My favorites have included a YouTube
audio clip by the distinguished Britsh Member of Parliament, George Galloway,
and a
wonderful article
by Slate writer
Christopher
Hitchens.
I had never heard of George Galloway
before!
I hope for the day when I can tell a story as well as Mr. Galloway does, or
write one like Mr. Hitchens can.
Both of these gentlemen have true stories to tell about their dealings with the
subject of this blog. We await sentencing.
The JAB
originally posted August 9, 2007
(Editors note: This was my first BLOG page, and for a long time it was the
only blog page.)
Once I found myself in England preparing to travel to India. It is wise to be
immunized before travelling to India, as a protection against most every
affliction known to mankind. You need to be jabbed, and more than once.
If you once lived in Canada, but have since renounced your citizenship, but now
you want to return, except that you are a convicted felon in a country that you
adore, it is also necessary to be jabbed.
This is no guarantee that you will be allowed back in. But it's a start,
just like the punchline to that old joke about "Whadda call a couple of
lawyers at the bottom of the ocean".
Uh... Genson and Greenspan? I digress.
Where's Conrad?
I have a confession to make. I am a Conrad Black news junkie. My first activity
of the day (after starting up the coffee machine) is to turn on the computer,
click on Goggle News, and read the headlines.
If Conrad Black does not appear in the headlines, then I request a search for
any article with Conrad Black
in it, sorted by date, because I have
already read everything previously posted.
I am not proud of this. There are better things I could do with my life. But I
am an addict. Lately, I have been reduced to scraping for updates on Wikipedia.
I know there are fellow addicts out there. We need each other in times like.
Our usual supply of salacious news has all but dried up. We await sentencing.
So here you go fellow junkies …, hope this helps. This is my JAB.
Conrad Black is a Hairball
I'm drawing inspiration here from that brilliant TV series Hill Street Blues. A
certain character, Lt. Belcher (or something like that) would address the
low-lifes that he had just apprehended as "Hairball". What Belcher lacked in
vocabulary, he made up in the delivery. OK hairball, you have the right to
remain silent…
Hairballs are usually associated with cats. Most everyone who has had a pet cat
is familiar with this concept.
Like the US justice system and it players, coughing up a
hairball is a
disgusting process of a vile product.
Some cats, such as the lion, at the top the food chain, have a fondness for
sitting around, looking majestic, licking themselves, and waiting for some
wounded zebra to feast on.
One of the emails authored by Conrad Black and presented at trial made some
weird metaphor about wearing a hair shirt
.
It seems only fitting now that we refer to our subject, henceforth, as
Lord Hairball.
Freedom of expression
The best result of Lord Hairball's fraud and obstruction of justice
convictions is that there is a new found freedom of expression in
Canada, at least when it comes to the subject of Lord Hairball. It also helps
that his ability to sue anyone and everyone for libel seems less likely, now
that his cadre of sharks must focus on the sharks circling them.
Lord Hairball was well known for suing anyone who had a disparaging word about
him. This is how it is in Canada. Our libel laws, derived from english common
law, and virtually unchanged since, are a little rougher on the defendant than
in England or the United States.
The truth is out there, we Canadians are just not allowed to hear about it.
This is simply wrong, but I digress.
Couple this with the fact that Lord Hairball became the largest newpaper
publisher in Canada, with a ruthless reputation for firing newsroom staff, and
you can understand the fear and loathing that most journalists and columnists
here have for the man.
You could be fired and sued, in that order, for giving an informed and honest
opinion of someone who makes ol' J.R. Ewing look like
a choir boy.
The best primer for Lord Hairball's trial was Tom Bower's "Dancing On The
Edge", published some six months before its start.
All of the good stuff presented in trail was chronicled in great detail in the
book. But there were many other stories, anecdotes and interviews also included
that are completely relevent to any informed opinion of Lord Hairball (but were
out of bounds on the trial).
Lord Hairball, you see, has a very long history of dodgy deals and self serving
behaviors.
I am hoping that it is not lost on fellow Canadians that this book was
published in England by a well established (read well financed) English writer
who could, at least, weather the storm of Lord Hairball's wrath and expensive
libel lawyers. He did have the advantages of publishing in
tabloid-headline-crazy England. Things are different there.
Nonetheless, Mr. Bowers was served with an $11 million libel suit before the
trial began.
Bootlicker journalism
Lord Hairball does have his admirers. I think Mark Steyn and Peter Worthington
are the high priests in this cult (sorry, special interest group).
Lord Hairball junkies will know who I am talking about.
Claire Hoye is another disciple. Have a look at this
column.
Although the majority of Canadians think that Lord Hairball is finally getting
his just dues, these writers are doing their level best to change our minds.
To be fair, they are columnists, not journalists; an important distinction.
They have a right to their opinion, of course; just like they have every right
to be a columnist even though they have shit for brains.
Lord Hairball wins accolades for being a great newspaperman and businessman! It
is highly doubtful any of these writers owned Hollinger shares, and there is a
probability they were handsomely paid, at some time or another, to write for
one of Lord Hairball's publications.
Not all of his former hacks are of this opinion, though. Larry Derfner of THE
JERUSALEM POST has a
much different story to tell.
For deeper insights into Lord Hairball's regard for journalists see Black Envy
Other Hairball Links
CBC
TimesOnLine
Toronto Life
The Radler-Black business model
I was a long time subscriber to the Calgary Herald. It used to be a pretty good
newspaper. My favorite sections were the comics, the editorials, and the
frontpage news, in that order. But I would read them in reverse order, saving
the best for the last.
It was usually the comics that best revealed the truth of situations.
When the Radler-Black team took over the Southam group, they followed the
formula that worked so succesfully for them elsewhere. The newsroom staff was
eviscerated and costs were cut.
Today, the Calgary Herald masquarades as a newpaper that whose main purpose is
to deliver junky adverts and flyers to homeowners that have maiboxes that
forbid junky adverts and flyers.
Forget about news. Don't expect to see anything resembling investigative
journalism, especially if the subject is also an advertiser.
As for Lord Hairball the businessman? How about Massey Ferguson, Dominion
Stores, Argus Corp. He is now referred to as the former newspaper baron. See a
pattern here?
There were some very derisive comments about the jury and their verdict. That
they were mostly women, overweight, they chewed gum, blew bubbles, bleached
their hair.
Pleeeze! Give me a break.
Those members of the jury were much better at their jobs, at only $40 a day
each, than some of the highly paid former directors of Hollinger, Unravel,
SkimThis & Whatever Inc.
I'm willing to bet a weeks wages that most every lawyer in that courtroom
earned more per hour that that whole jury did in a day. This is a travesty of
the US justice system.
Then of course, there was that blue chip Toronto law firm Tory LLP., that
offered expert testimony, by video, that sometimes lawyers make mistakes. I am
assuming here that offering video taped testimony was at the advice of their
own counsel. "Travelling to the United States and its territories is a
little risky right now. Think of vacationing in Europe instead."
There are some that seem to think the obstruction of justice verdict has the
best chance of being overturned on appeal. Perhaps they can argue that, there
is no proper DNA trail; there is no glove, and if there is a glove, it does not
fit.
Maybe they could establish reasonable doubt about whether it really is Lord
Hairball in that video!
What is very sad about this whole affair is that Lord Hairball was allowed to
get away with as much as he did for as long as he did in Canada. It was an
english writer who best chronicled his life, and the US justice system that
found him guilty of fraud.
Here in Canada, we give him an award, the Order of Canada!
Following this trajectory, if Telus and BCE merge to become the world leader in
Bad Customer Service, we could elevate Michael Sabia and Daryl Entwhistle prime
minister and president for life! Again, I digress
I believe it was Lord Hairball who coined the phrase "social safety hammock" in
describing his dislike of Canada costly social programs. This was to the
delight of good wife Barbara Amiel, who used it as fodder in her Macleans
columns.
The hand that rocks the hammock…
Imagine my surprise, a few years back (1999), when I discovered that my
marginal tax rate clocked in at over 58%, even though my income for that year
was just a little over $50K.
There was this little sidebar window that appeared on my computer screen as I
was preparing my income tax return for the year. One of the line items was my
marginal tax rate.
The marginal tax rate is the amount of income tax that you pay for every extra
dollar that you earn, after all income and deductions are taken into account.
…is the hand that shakes the wallet
An MTR of 58% meant that for every dollar I earned on my last paycheque in
1999, the government let me keep less than 42 cents!
And that was only the income tax. It did not include GST, property tax,
educuation tax, healthcare or any of the other new buttf**k taxes they call
user fees.
My first thought was "this could not be right". I am not rich, not even
close. I had two kids, a big mortgage on a small house, and all these
non-deductible expenses. There must be some mistake.
I was wrong.
The reason for this was that I had been sacked that year and collected some
employment insurance. When my income exceeded $50K, I had to pay back almost
all of the employment insurance I had received through an income tax
clawback arrangement.
This is how taxes work in Canada.
Now we learn, from the trial, that Lord Hairball's reviled former socialist
state allowed him to collect some $80 million tax-free through an oily
arrangement called the non-compete fee.
Right, whatever, stand on guard for thee, and all that crap.
In all fairness, it must be said that the government has since closed that
loophole and Lord Hairball was found NOT GUILTY on all counts of tax evasion.
Our government's own Employment Insurance program, at the time, was
netting $7 billion more per year more than it was paying out to
claimaints. If it were a business, this would have made it the most
profitable insurance company in the world; $42 billion dollars in
net profit over seven years.
The rationale for collecting so much from each workers paycheque has
always been the rainy day fund. Except there is no fund. The excess
billions collected end up in general revenues.
It makes you wonder if Lord Hairball had a secret hand in developing our
Employment Insurance program, especially that income tax clawback
thingy.
Create a program that looks good, sounds generous, but is rather complex.
Then refuse to pay dividends to common shareholders, disqualify them as you
wish, for whatever reason, and make them pay, somehow, for any benefits they
receive.
Skim the fat profits off for yourself.
I'm breathlessly awaiting the column that suggests Lord Hairball and other
establishment elites surely deserve such favorable tax treatment for their
efforts in making this such a great country. It seems to take a lot of lawyers
to make arrangements like these, and lawyers are not cheap, you know.
Something is not right here!
Let's face it. White collar criminal activity, high level corporate chicanary,
tax evasion, and even politcal graft are low risk, high profit businesses in
Canada. We would ask John Felderhof, formerly of Bre-X, but he was unavailable
for comment, in a land far, far away.
The securites regulation in this country should be rebranded as the
Keystone Cops
Group. Then more people would understand what it is they do.
The RCMP are even a bigger bunch of clowns. Just look at their handling
of Air India, the Mohammed Arar file, or their own pension fund management! If
the RCMP were a business, it would already be bankrupt; it simply has no
credit, and it has no use.
Journalists in this country have had the best track record for
uncovering high level dodgy dealing. Unfortunately their numbers are
diminishing as well, courtesy of the Radler/Black business model.
And you have to wonder about some who remain.
And let's not forget our own government complicity here! The Income Tax Act
should be tossed out and rewritten. It should be a handbook, not a
bible, and written in simple text, not legal mumbo jumbo.
The RCMP should also be scrapped (and replaced). The same goes for securities
regulation.
In praise of Bubblegum Blondes
Conrad Black was tried in a US court by a jury, a process he was entitled to
ask for.
Trial by jury is a curious concept in most of the world. Almost everyone is
aware of it, thanks to American movies and television, but most judicial
systems do not have it as an option.
Lord Hairball's jury was composed of 12 ordinary people that were obliged to be
there, were paid a pittance for it, and had to endure four months of lawyers
sorting flyshit from pepper.
The media had its heyday, especially with speculation on how qualified a jury
of commoners might be in judging a man of such accomplishment, influence,
fashion, and arrogance.
In the end though, that jury seemed to do an excellent job in deliberating,
reaching their verdict and offering insightful, thoughtful, measured comments
afterwards.
It's almost like the jury had this idea that they were charged with a serious
responsibility. Courts tend to respect the decisions of the common folk that
compose a jury, because common folk tend to rely on common sense when they have
to make a fateful decision.
They use simple words like bullshit, even when Lord Hairball, his buddies, and
their lawyers call it everything but what it really is.
It's like the jury had this notion that a careful decision was going to be the
best decision; and that their decision might send a message, that it might make
a difference.
Guess what? It did. The jury was right. The defendants were wrong.
A new order is needed
The term governance is as important in the boardroom, as it is in parliament,
in a legislature, a chamber, a community hall, a home.
The better the governance, the lesser the conflicts. We strive for happiness,
as a nation, a community, and as individuals or companies that are its members.
With good governance we can survive and thrive. It's really that simple.
We elect our politician to write our laws. Our judiciary has the reponsibilty
to apply reasoned and fair application of those laws in cases where laws and
rights conflict with each other. This can be an expensive, lengthy, and
necessary process. It happens often. It almost always involves too many
lawyers.
It's scary how often the authorities have the wrong guy, or the right one gets
away.
By the measure of this trial and the decision of this jury, I propose a new
model of particpatory democracy here. This is only fair, since, until now, I
have been advocating something that resembles total anarchy ;-)
Participatory Democracy
There are many qualified and competent judges and jurists out there, from all
professions - teachers, accountants, engineers, journalists, to name a few, who
have led decent honest productive lives, can understand all kinds of
complexities and have the life experience to smell a rat.
Do we need people like this? You bet. Do we have people like this? Not a
problem.
Our aging population provides a wealth of people who have the time on their
hands, the wisdom of experience and would love an opportunity to make a
difference.
Maybe you appoint these people; maybe you elect them; maybe both. Give them a
job to do, not a career. Let them write laws, or sit in chambers in judgement
of those laws, or make reccomendation of what laws we should have and which are
rubbish.
The pay would be nominal, if it was necessary at all, the position would be an
honour. There are lots of people that would like to do this sort of thing. They
have children, grandchildren, family and friends,and a community they care
deeply for.
The concept of serving the community may have been a foreign one to Lord
Hairball, but most Canadians cherish this value for reasons that are both
selfish and noble. It's the community we live in; the people around us are like
us, and it really is a better place when we work together and treat one another
fairly.
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