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Appeals Judges to Decide if Madoff Will Remain in Jail Until his Sentencing

 
By Dunstan Prial
FOXBusiness
     

    Three appeals court judges said Thursday they will consider arguments and rule at a later date on whether Bernard Madoff’s bail should be reinstated.

    Madoff will remain in jail pending their decision.

    A ruling in favor of defense attorney Ira Sorkin’s appeal of an earlier ruling remanding Madoff’s bail would mean Madoff could be set free until his June 16 sentencing, at which time he faces a maximum 150 years in jail.

    Sorkin argued before the 2nd Circuit Court of Appeals judges that Madoff may have the means to flee, but not the ability, therefore he poses no flight risk.

    Madoff was jailed last week following his guilty plea on 11 felony counts related to his orchestration of possibly the biggest investment fraud in history.

    District Judge Denny Chin remanded Madoff’s $10 million bail, and the disgraced financier traded his Upper East Side penthouse for a jail cell in lower Manhattan.

    Under the terms of his prior bail, Madoff was under 24-hour video surveillance.

    Sorkin said if the same bail conditions were reinstated it would be virtually impossible for Madoff to flee.

    “Since Madoff’s arrest, the government never seriously claimed he was flight risk,” Sorkin said.

    While questioning Sorkin, one of the judges noted that Madoff, an extremely wealthy man prior to his arrest, had the “mechanism of flight at his fingertips.”

    Moroever, the judge noted that investigations since Madoff’s arrest on Dec. 11 indicate he transferred much of his wealth into his wife’s name.

    Assistant U.S. Attorney Marc Litt said Madoff’s guilty plea last week “changed the landscape” in that Madoff was no longer presumed to be innocent, a key element of granting bail.

    While questioning Litt, the judges noted that Madoff could have fled prior to his arrest but didn’t, thus raising the question of whether he actually poses a flight risk.

    Also, the judges sought from Litt a plausible scenario under which Madoff might be able to flee given the extraordinary conditions set on his bail.

    Litt said a guard watching Madoff could either fall asleep or be bribed.

    Another legal avenue pursued by the judges was whether Madoff posed a suicide risk and whether that might legally constitute a flight risk.

     

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