IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CONRAD M. BLACK,

Petitioner,

v.

UNITED STATES,

Respondent.

)

)

)

) Case No. 1:12-cv-4306

)

) Original Crim. Case No. 05 CR 727

) Judge: AMY ST. EVE

)

)

MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE

PURSUANT TO 28 U.S.C. § 2255 OR, IN THE ALTERNATIVE, 

FOR A WRIT OF ERROR CORAM NOBIS

COMES NOW the Petitioner herein, Conrad M. Black, by and through the undersigned 

counsel, upon the Affidavit of Brendan V. Sullivan, Jr., sworn to December 19, 2008, the 

Affidavit of Gregory B. Craig, sworn to December 29, 2008, the Affidavit of Marc D. Powers 

and accompanying Exhibits, sworn to May 31, 2012, and the attached Memorandum of Law, and 

moves this Honorable Court to vacate, set aside or correct the sentence heretofore imposed by

this Court against the Petitioner pursuant to 28 U.S.C. § 2255, or, in the alternative, petitions this 

Court to issue a writ of error coram nobis vacating the Petitioner’s conviction pursuant to the All 

Writs Act, 18 U.S.C. § 1651(a). Mr. Black’s conviction and sentence are constitutionallyunsound due to clear and uncontroverted violations of his rights under the Fourth, Fifth, and 

Sixth Amendments to the U.S. Constitution, all of which occurred prior to his criminal trial and 

which have rendered those proceedings invalid. 

As fully set forth in the accompanying affidavits and memorandum of law, 

representatives of the U.S. Government intentionally deprived Mr. Black of counsel of his choice 

through a pattern of unconstitutional activity. By means of a defective affidavit in support of a 

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seizure warrant, agents of the Federal Bureau of Investigation and members of the United States 

Attorney’s Office in October 2005 improperly seized certain of Mr. Black’s funds in violation of 

the Fourth Amendment. As these Government actors were well aware at the time of the seizure, 

those funds were earmarked by Mr. Black to hire the counsel of his choice to defend him in 

impending criminal proceedings before this Court. Knowing Mr. Black’s intentions for those 

funds, the Government then contrived to deny Mr. Black any pre-trial review or relief regarding 

their seizure by knowingly filing an indictment against him with unsupported counts, including 

forfeiture counts, in violation of his Fifth Amendment due process rights. These forfeiture 

counts had the intended effect of depriving Mr. Black of his day in court on the propriety of the 

seizure, as any determination of the Government’s probable cause for seizing his funds was 

postponed until after the close of his trial, thereby deliberately denying Mr. Black access to his 

legitimately-held funds and his ability to hire counsel of his choice. 

Mr. Black was forced to proceed at trial without his chosen counsel, where he was 

acquitted on each of the counts related to the seizure of the funds that he had intended to use to 

pay them. The seized funds were returned to him, but the damage was done: the Petitioner was 

prevented from retaining counsel of choice, as was guaranteed to him under the Sixth 

Amendment, and prevented from any pretrial review of the same by the Government’s deliberate 

– and wrongful – conduct. The measures taken by the Government to deprive Mr. Black of his 

property, and thereby his counsel of choice, have rendered his criminal conviction invalid under 

United States v. Gonzalez-Lopez, 548 U.S. 140, 146 (2006), and United States v. Stein, 541 F.3d 

130, 157 (2d Cir. 2008). Mr. Black continues to suffer from serious hardships and legal 

disabilities due to his conviction, and in the interests of justice this conviction must be vacated. 

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WHEREFORE, in consideration of the foregoing, as well as the Affidavits, Exhibits, and 

arguments of law contained in the Memorandum of Law filed herewith, the Petitioner 

respectfully prays that this Court issue an Order pursuant to 28 U.S.C. § 2255 or, in the 

alternative, for a writ of error coram nobis to issue, vacating the conviction and sentence 

previously imposed based upon violations of Mr. Black’s constitutional rights. Petitioner also 

requests that the indictment against him be dismissed in its entirety. Further, Petitioner requests 

that this Court cause notice of this Motion to be served upon Respondent and, if these papers are 

not sufficient to determine the issues herein, to hold a prompt hearing hereon at which the 

Government may offer explanations, if there are any, for their conduct based on facts not known 

to Petitioner, and for such other relief as this Court deems necessary.

Dated: June 4, 2012 Respectfully submitted,

CONRAD M. BLACK

By: /s/William K. Kane

 One of His Attorneys

Attorneys for Petitioner

William K. Kane

Baker & Hostetler LLP

191 North Wacker Drive, Suite 3100

Chicago, Illinois 60606-1901

Telephone: (312) 416-6200

Facsimile: (312) 416-6201

wkane@bakerlaw.com

Marc D. Powers 

John W. Moscow

(Admissions for Pro Hac Vice pending)

Baker & Hostetler LLP

45 Rockefeller Plaza 

New York, New York 10111 

Telephone: (212) 589-4200

Facsimile: (212) 589-4201

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