Yesterday’s Delaware court decision against Conrad Black came with a comment from the judge in the Hollinger case that he found Black’s testimony “evasive and unreliable”. What was he talking about?
Consider the following snippet. In it we have Martin Flumenbaum, a lawyer for Hollinger International, asking why Black received a $7.2 million non-compete payment. Recall that Black later signed statements saying that the payments were made to satisfy buyers of Hollinger assets.
Flumenbaum: “So to the extent that you approved and signed a document in 2002 which said that you signed a non-competition agreement with the purchaser with respect to the moneys you received in February 2001, that was false?”
Black replied: “I’m not sure.”
Flumenbaum: “You don’t know whether it was true or false?”
Black: “I’m not sure.”
Flumenbaum: “Would it help if I showed you the document you signed?”
Black: “Might do.”
Flumenbaum: “I showed it to you at your deposition.”
It reminds me of the conversations I had with my parents as a teenager after I crashed our snowmobile. “Were you going too fast? I’m not sure.” “You don’t know whether you were going too fast? I’m not sure.”