It emerged on Monday that the US Securities and Exchange Commission has filed
an enforcement action in the US District Court, Northern District of Illinois,
against Hollinger International's former Chairman and CEO Conrad M. Black, former
Deputy Chairman and Chief Operating Officer David Radler, and Hollinger, Inc.,
a Canadian public holding company controlled by Black.
The SEC alleged that between 1999 and 2003, Black, Radler and Hollinger Inc.
engaged in a fraudulent and deceptive scheme to divert cash and assets from
Hollinger International, Inc., a US public company and a subsidiary of Hollinger,
Inc., and concealed their self-dealing from Hollinger International's public
shareholders.
The US securities regulator has asked the court to enjoin the defendants from
further violations of the securities laws, order them to disgorge their ill-gotten
gains and pay pre-judgment interest and civil penalties, bar Black and Radler
from serving as an officer or director of a public company, and impose a voting
trust upon the shares of Hollinger International held directly or indirectly
by Black and Hollinger, Inc.
Speaking with regard to the action, Stephen M. Cutler, Director of the Commission's
Division of Enforcement, explained that:
"Black and Radler abused their control of a public company and treated it as
their personal piggy bank. Instead of carrying out their responsibilities to
protect the interest of public shareholders, the defendants cheated and defrauded
these shareholders through a series of deceptive schemes and misstatements."
The former Telegraph boss is also being investigated by the US Department of
Justice, and may face criminal charges as a result.