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Cue the madness—Drabinsky and Gottlieb are now on trial
Posted on May 5, 2008 by Douglas Bell
After a mere decade of delays and distractions, former theatre impresario and alleged fraudster Garth Drabinsky will finally see the inside of a Canadian courtroom. He and his Livent Inc. partner Myron Gottlieb are facing criminal charges before Ontario Superior Court Judge Mary Lou Benotto—she of the tainted blood trial. Reporting on CBC Radio this morning, Mike Hornbrook pointed out that it’s considered “Canada’s largest ever prosecution of corporate fraud”—a good thing, too, considering the Americans were ready to prosecute these two as long ago as 1999. Unlike their former board member Conrad Black, Gottlieb and Drabinsky had the good sense to hole up in Canada and wait for the RCMP to conduct its investigation (an indictment took three years). As for the subsequent delay in the case coming to trial, Drabinsky can thank (in part) a certain aforementioned peer of the realm: the Crown was only too happy to accommodate Eddie Greenspan’s crowded calendar as he flew about the continent defending Black.
Incredibly, one of the principals in the trial—Livent COO Robert Topol, who is expected to be a key witness for the defence—got a walk on related charges based on the unreasonable delays in bringing the case to trial. On the other side of the ledger, former Livent VP finance Gordon Eckstein, who cut deals on both sides of the 49th parallel, will play Radler to Drabinsky’s Black. The trial is scheduled to run up to six months, longer than many of Drabinsky’s less boffo productions.
Oddly, Drabinsky is still listed as a judge and executive producer on the coming season of Triple Sensation, CBC TV’s answer to (read: rip-off of) Canadian Idol. And for fans of rich irony, might I suggest the following from a CBC story published on the Web in November 2000:
Newspaper mogul Conrad Black is helping bankroll Garth Drabinsky’s criminal defence fund.
Drabinsky, the deposed head of troubled theatre producer Livent, has been charged in the United States with defrauding the company.
He’s also facing a massive civil suit filed by Livent management.
Black says he believes Drabinsky did not commit a crime and should not face a potential jail term.
Drabinsky denies any wrongdoing and is countersuing Livent.
Black declines to reveal how much he’s giving the Drabinsky defence fund, beyond saying that it’s not a large amount.
• Fraud trial set to begin for Drabinsky, Gottlieb [CBC]
• Benotto has worked with Greenspans before [National Post]
• Trial set to begin for Livent co-founders [Globe and Mail]
• Livent saga finally goes to trial [Financial Post]
• Timeline: Livent, from Broadway to courthouse [National Post]
• How Canada’s dawdling cost U.S. an opportunity to deter crime [Financial Post]
• Curtain rises on Drabinsky trial [Toronto Star]
• The Final Act? [Financial Post]
• Livent trial: Curtain raiser [Canadian Business]
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- Categories: General, Black Watch, Television, Radio, Egos, Over the Border, Livent Trial
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GravityLevity2 May 5, 2008 at 1:21 p.m.
from The Financial Post:
'For Mary Jo White, the former U.S. Attorney for the Southern District of New York who brought the charges against Mr. Drabinsky and Mr. Gottlieb in 1999, the failure to prosecute the former Livent executives was "unfortunate" because it resulted in a missed opportunity. "It was a message of deterrence that wasn't out there able to be heard at a time when it was very important for that message to be heard," she told the National Post.
'As a result, Ms. White, now a senior partner at a major New York law firm, recalls, "it certainly diminished the deterrence value of the case. That's how I think of it."'
Perhaps if the American case had been prosecuted in 1999-2000, Hollinger's Con and Dave might have thought more carefully and accurately about the perils of non-Americans breaking the law while doing business in the States.
GravityLevity2 May 5, 2008 at 6:29 p.m.
According to the Toronto Star, Garth and Myron have elected for trial by judge, unlike--and perhaps taking a cue from--the Hollinger 4.
dr May 5, 2008 at 7:25 p.m.
In the USA there is no choosing to be tried by a judge only.
dr May 5, 2008 at 7:29 p.m.
Maybe not...
Who Is Eligible for Bench Trials?
Under the rules of Federal Criminal Procedure: If the defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing; (2) the government consents; and (3) the court approves. (Fed. R. Crim. P. 23(b)). Although this is the general rule, specific criminal procedure varies by state. In New York, for instance, Except where the indictment charges the crime of murder in the first degree, the defendant may at any time before trial waive a jury trial. (N.Y.C.L. 320.10).
Even if a defendant is eligible for a bench trial, it is important to recognize that both the defendant and the prosecution have the right to present the case to a jury . Therefore, the prosecutor assigned to the case must approve the waiver of the jury trial. Thus, a defendant going before a judge who is known to be more likely to acquit may not receive the prosecutions approval of a bench trial, if the prosecution thinks that the judge would be inclined to rule in a defendants favor.
Casey May 5, 2008 at 8:44 p.m.
dr May 5, 2008 at 7:25 p.m.
" In the USA there is no choosing to be tried by a judge only. "
Unless I skimmed your remarks improperly, dr, ? Garth is being tried in Canada - Ontario to be exact - not in the US.
jade_lee May 5, 2008 at 11:52 p.m.
For indictable offenses here in Canada I am pretty sure the accused person call elect to be tried by a judge alone. In the case of fraud I also think it's a good idea.
leaf May 6, 2008 at 12:09 a.m.
jello, what about your doug bell hypothesis?
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