Legal Commentary

Appeals Court Denies Bond for Bernie Madoff

By Jeralyn

Bernie Madoff will stay in jail pending sentencing. The Second Circuit Court of Appeals today refused to reverse the trial court's order denying bond. The ruling is here (pdf.)

It appears Madoff, facing a probable sentence that will exceed his life span, will leave prison only when he's dead.

Since the Government can continue the investigation into his relatives and friends, it's hard to figure why his lawyers didn't draw out the process, insisting on an Indictment. He would have had the protection of the 5th amendment until his appeals of any conviction were done and been able to sleep at his Park Ave. penthouse rather than MCC or an FCI for at least two more years. [More...]

He effectively gave himself an early death sentence. As I've said before, from a practical standpoint, he couldn't have gotten a more severe sentence -- we don't have sentences of life plus cancer...yet.

[W]ho agrees to start a life sentence at 70, when you can have another year or two at your luxurious Park Avenue abode in the company of your spouse and family, while awaiting trial?

It's not like the Government could give him any more time if he went to trial and lost. What was he afraid of? That he'd be sentenced to life plus cancer?

Full post as published by TalkLeft on March 20, 2009 (boomark / email).