Wednesday, November 30, 2005

Hollinger Execs Case - A Lot Happening

CNN Money (Reuters) is reporting here that two executives in the Hollinger case failed to appear in court today.  The next step for the prosecutor will be to proceed with an extradition.  But one wonders if this will be necessary.  After seeing the possibility of an extradition, they might just decide to return willingly and turn themselves into the court. Extradition seems to be more common in street crime cases, although there have been instances of extradition used in white collar matters.  One has to wonder whether we will be seeing more extradition issues arising in white collar cases as more transnational crimes and individuals are prosecuted. 

On another note, the case - or the judge - is stirring some controversy. Apparently the judge's father in the Conrad Black case made a comment to the press.  (see Toronto Star here).  The issue raised by the Toronto Star is whether this comment warrants recusal by the judge. Co-blogger Peter Henning does not take as strong a position as another ethics prof who thinks that she should "definitely recuse herself."  I tend to agree with Peter on this one, although if they can show that the judge did something that creates the appearance of impropriety it should result in a recusal of the judge.  And certainly it warrants a hearing to see if the judge improperly disclosed information to her father.  But absent such a showing, we certainly do not want judges being thrown off of cases every time a relative makes a statement even when the statement may be totally false. Judges do, however, need to instruct family members that they need to be careful when the press comes calling.

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2005/11/hollinger_execs.html

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