09/13/2011 11:24 EDT | Updated 11/13/2011 05:12 EST

Drabinsky And Gottlieb Fraud Convictions Upheld


The Court of Appeal for Ontario has denied the appeals of theatre moguls Garth Drabinsky and Myron Gottlieb of their 2009 fraud convictions.

However, the court reduced the prison sentences for both men by two years.

That means that Drabinksy now faces five years behind bars, while Gottlieb faces a four-year prison term.

Both men were required to spend Monday night behind bars in advance of Tuesday's decision. They will remain in custody unless they elect to appeal to the Supreme Court of Canada.

Drabinsky and Gottlieb, who produced such 1990s theatre hits as Phantom of the Opera, Showboat and Ragtime through their company, Livent Inc., were convicted in March 2009 on two counts of fraud and one count of forgery, but the forgery convictions were subsequently stayed.

Drabinksy and Gottlieb had argued that Livent accounting staff perpetrated the fraud without their knowledge.

Edward Greenspan, who is Drabinsky's lawyer said it was to early to determine if they would appeal to the country's top court.

"We're reviewing the judgment with a view towards determining whether we will ask the Supreme Court of Canada to grant leave to appeal to that court," Greenspan said. "We obviously won't be in a position to make a decision about that until we've had a good opportunity to discuss it with our client, who is now in jail."