Bernard L. Madoff leaves US Federal Courtroom January 14, 2009.
Timothy A. Clary | Getty Images
Federal prosecutors on Wednesday told a choose that they oppose Ponzi plan kingpin Bernie Madoff’s new request for early launch from jail on compassionate grounds due to his terminal kidney disease.
“The mother nature of Madoff’s crime — unprecedented in scope and magnitude — wholly justified the 150-year sentence this Court docket imposed and is by by itself a adequate explanation to deny Madoff’s motion,” prosecutors wrote in a submitting in U.S. District Courtroom in Manhattan/
“Moreover, considering that his sentencing, Madoff has demonstrated a wholesale absence of knowing of the seriousness of his crimes and a absence of compassion for his victims, underscoring that he is undeserving of compassionate release himself.”
The submitting by the United States Attorney’s Office environment for the Southern District of New York, which cited letters from some of the more than 500 victim who have published Judge Denny Chin to oppose Madoff’s early launch, pointedly does not dispute Madoff’s declare that he could die in considerably less than two a long time.
But prosecutors explained that the 81-year-old’s issue in a federal prison facility in North Carolina experienced enhanced due to the fact past November, when he restarted dialysis remedies.
And they observed that when Madoff was sentenced in 2009, a judge had rejected an argument by his attorney for a 15-to-20 calendar year sentence, which could give him a prospect to die a absolutely free person, “to send out a message that Madoff had been punished to the fullest extent of the law.”
“Even while time has passed and Madoff may possibly now be in the vicinity of the stop of his existence, that information is equally crucial,” prosecutors wrote. “He ought to not be released.”
A lawyer for Madoff, who orchestrated the biggest Ponzi scheme in historical past when jogging Bernard L. Madoff Financial investment Securities in New York Metropolis., previous thirty day period mentioned in a court docket filing that the fraudster has “significantly less than 18 months to live.”
The attorney stated Madoff is struggling from “a lot of other significant clinical problems” including cardiovascular sickness and hypertension.
“I’m terminally unwell,” Madoff told The Washington Write-up in an article published on the working day his request grew to become recognised.
“You can find no get rid of for my type of illness. So, you know, I have served. I have served 11 decades previously, and, quite frankly, I’ve suffered through it,” Madoff informed the newspaper.
The To start with Action Act, which Congress handed in 2018, provides federal judges the power to release jail inmates on health and fitness grounds.
Madoff is inquiring to be set absolutely free so that he can live with a close friend.
He pleaded guilty in 2009 to 11 crimes similar swindling of billions of pounds from 1000’s of investors around several many years.
Prosecutors wrote in their courtroom filing Wednesday that “close to 520 victims who wrote to the Courtroom are overwhelmingly opposed to Madoff’s ask for for early launch.”
But, they additional,” only close to 20, or 4%, wrote in aid of his launch. It is outstanding that so quite a few victims took the time to produce to the Court docket in excess of 10 years right after Madoff’s first sentencing.”
One sufferer, whose letter was cited by prosecutors, wrote: “Our entire life savings were being stolen by Madoff and we have never ever recovered either monetarily or emotionally. No matter, we found some modest satisfaction in discovering that Madoff experienced been sentenced to 150 yrs in jail for his criminal offense. Make sure you do not waver and do not allow him faux regret simply because he has none.”
Another sufferer whose letter was outlined in the filing “wrote that she left the courthouse just after Madoff’s initial sentencing ‘with a feeling that justice experienced been done,’ and is left now with the issue: ‘Should an incarcerated human being be released from jail since of a terminal illness, is not the serving of a 150 calendar year sentence intended to be terminal?’ ” prosecutors pointed out.
Prosecutors wrote, “Denying Madoff’s motion will uphold his victims’ and the public’s faith in our technique of justice.”
“It will send out the message that right after a just conviction and a sentence acceptable to the crime, a single of history’s worst fraudsters cannot escape the total repercussions of his criminal perform, even when those penalties include things like expending his last times in prison,” prosecutors wrote.
“Madoff’s movement need to be denied.”
Madoff’s ask for for release arrived practically seven months right after he asked President Donald Trump to grant him government clemency, which would launch him.
Past month former WorldCom CEO Bernard Ebbers died, significantly less than two months after staying launched on compassionate grounds from federal prison in Texas, wherever he was serving a 25-year jail term for overseeing 1 of the premier accounting frauds in U.S. background.
Madoff’s petition cited Ebbers’ release, which came at the purchase of a decide in the same New York federal district where Madoff was convicted.