Mark Wexler and Robert Adamson Quoted in The Star.com About David Radler’s Release After 10 Months

Dec 16, 2008
Ex-Hollinger executive served about a third of 29-month sentence
by Petti Fong
WESTERN CANADA BUREAU CHIEF

VANCOUVER–David Radler, the long-time pal of fallen media baron Conrad Black who rose alongside him to wealth and power then turned against his former boss, was handed full parole yesterday after serving 10 months of his 29-month sentence for fraud.

Radler, the former Chicago Sun-Times publisher and president of Hollinger International, got caught along with Black and other executives over charges they siphoned funds from the company.

Radler, 67, pleaded guilty to one count of mail fraud in 2005 and paid back more than $61 million U.S. in restitution after striking a plea agreement with federal investigators. He was fined $250,000.

“I made mistakes and they hurt me and my family and others,” Radler said at his plea-agreement hearing in Chicago court.

In 2007, Radler spent eight days on the stand testifying against Black. Black’s lawyers called Radler a “serial liar” and one juror told the Chicago Sun-Times his testimony didn’t sway the verdict against Black. “He was covering up for his buddy,” said juror Monica Price.

Black received a 6 1/2-year sentence for fraud and obstruction of justice, a prison term which he is serving presently in Florida.

The National Parole Board, which heard Radler’s application for full parole, ordered that the former inmate cannot have contact with his co-accused unless his parole supervisor approves in writing.

He is also ordered to provide full financial disclosure to his parole supervisor.

“You betrayed the public’s trust and invested much of your initial effort in attempts to distance yourself from your illegal activity,” said parole board member Robert Reimer in his report. “You have left a trail of many victims.”

Radler began his sentence in a Pennsylvania prison and was transferred to a Canadian federal facility in September.

His parole report found Radler committed his offence for financial gain. “Your greed has resulted in this sentence and the Correctional Service of Canada has no programs identified on your correctional plan to address this stressor.”

Radler’s case management team found he was not likely to commit a violent offence but since his “crime cycle” was directly related to “greed and desire for financial gain” that his parole supervisors must be able to monitor his financial affairs.

International lawyer Robert Adamson, who teaches at Simon Fraser University Segal Graduate School of Business, said Radler’s release suggests inadequacies in the sentencing for white-collar crimes.

“The reality is legal systems treat these crimes differently,” he said. “There’s a lack of resources in Canada. It’s a more complicated process in Canada than it should be.”

Jean-Paul Lorieau, acting regional manager for community relations and training with the National Parole Board in B.C., said Radler was entitled as a first-time federal offender to an accelerated parole review. “There’s nothing unusual about this case,” said Lorieau.

SFU ethics professor Mark Wexler said that the Canadian justice system treats white-collar criminals more leniently than in the U.S.

“This case itself speaks to the differences between Canada and the U.S. The first thing Conrad Black and David Radler did after getting sentenced was ask to come back to Canada,” said Wexler.

Meanwhile, Regina lawyer Tony Merchant, who is representing hundreds of investors across Canada in a class-action lawsuit against Hollinger International, said a settlement is expected this month.

“We are happy with the settlement but this is money from insurance companies and it’s nothing compared to people’s losses.

“We’re not going to be getting money from these companies that we deserve because … a lot of the money has disappeared,” he said yesterday.

This article was originally published on The Star.com.

http://www.thestar.com/News/Canada/article/554386