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Bernard Madoff is dying, seeks early release from prison - lawyer


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Bernard Madoff is dying, seeks early release from prison - lawyer

By Jonathan Stempel

 

2020-02-05T220412Z_1_LYNXMPEG1425O_RTROPTP_4_USA-CRIME-MADOFF.JPG

FILE PHOTO: Bernard Madoff exits the Manhattan federal court house in New York in this January 14, 2009 file photo. REUTERS/Brendan McDermid

 

NEW YORK (Reuters) - Bernard Madoff is dying of kidney failure and has fewer than 18 months to live, and is seeking to end his 150-year prison sentence for masterminding what prosecutors have called the largest Ponzi scheme ever.

 

In a court filing on Wednesday, Madoff's lawyer said the 81-year-old is confined to a wheelchair, often requires oxygen, and suffers from cardiovascular disease, hypertension, insomnia and other chronic and serious medical conditions.

 

Madoff is perhaps the most prominent federal prisoner to seek "compassionate release" under the First Step Act, a bipartisan law signed by U.S. President Donald Trump in 2018 that lets some older prisoners end their sentences early, often for health reasons.

 

He had previously asked Trump to commute his sentence, but Trump had yet to act.

 

A spokesman for U.S. Attorney Geoffrey Berman in Manhattan, whose office prosecuted Madoff, said that office will respond to the filing.

 

Madoff's request will be considered by Circuit Judge Denny Chin, who called his crimes "extraordinarily evil" when he imposed the 150-year sentence in June 2009, three months after Madoff pleaded guilty to 11 criminal counts.

 

Prosecutors said Madoff used his firm Bernard L. Madoff Investment Securities LLC to swindle thousands of individuals, charities, pension funds and hedge funds in a $64.8 billion (£49.89 billion) fraud.

 

Many victims came from the Jewish community, where Madoff had been a major philanthropist.

 

Madoff has been living at the federal prison complex in Butner, North Carolina, and was moved recently to a medical facility there.

 

His lawyer, Brandon Sample, said in an interview that other prisoners referred Madoff to him, and that he had visited Madoff at Butner last summer.

 

"Bernard Madoff is a broken man, and had a lot of personal loss," Sample said.

 

"That's not to diminish the impact of his crimes on his victims, but there are larger ideals at work when we consider whether to show compassion on someone in their final days."

 

Madoff has lost both his sons since being imprisoned. His older son, Mark Madoff, hanged himself with a dog leash in 2010, while Andrew Madoff died of cancer four years later.

 

Sample said Madoff would likely live with a friend if granted compassionate release, and spend his remaining time "with the few people left in this world who care about him."

 

Another longtime prisoner, former WorldCom Inc Chief Executive Bernard Ebbers, in December obtained early release because of health reasons from his 25-year sentence for orchestrating an accounting scandal at his phone company.

 

Ebbers died on Sunday at age 78.

 

(Reporting by Jonathan Stempel in New York; Editing by Dan Grebler and Matthew Lewis)

 

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-- © Copyright Reuters 2020-02-06
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I think that there is a point when many people because of age and medical conditions are no longer a threat to society.   It's probably better to move them out of costly prison care and into less restrictive settings.   If they are no longer a danger to society, there is little need for prison-care.  

 

I think probation type restrictions should still be in place restricting movement and activities.  

 

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John Malkovich

 

 

“I don’t view it as a negative experience…," he told Details magazine in 2013. “To me it was, ‘You think you have a bunch of money – and you don’t.’ So what? Most people don’t (have a lot of money). I think it kind of reconnected me to how most people live all the time. And, unlike a lot of people that were involved in the Madoff thing, I could just go back to work, and it was fine.”

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52 minutes ago, Crazy Alex said:

I see your point. However, isn't the point of a 150-year or other extremely long sentence so that the perp dies in prison? It seems to me that at some point, we need to act on principle. Letting him out because it's cheaper is a pretty big slap in the face of the thousands of people he ripped off.

 

On the other hand, I'm also a pretty pragmatic person. I just hope Madoff's victims at least get a chance to voice their thoughts on record before he is let out.

If I were inclined to get worked up over any issue, this wouldn't be it.  I don't know that many of us get to exit this world on our own terms, so either way is fine with me.   I'd just as soon see the least amount of cost to the taxpayers.  

 

I suspect we are getting a lot of prisoners who have really passed their danger-to-society date and are doing little more than taking up rather expensive space.

 

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30 minutes ago, Pravda said:

John Malkovich

 

 

“I don’t view it as a negative experience…," he told Details magazine in 2013. “To me it was, ‘You think you have a bunch of money – and you don’t.’ So what? Most people don’t (have a lot of money). I think it kind of reconnected me to how most people live all the time. And, unlike a lot of people that were involved in the Madoff thing, I could just go back to work, and it was fine.”

John Malkovitch has a few options others did not and perhaps wished to play down the fact he’ even had.

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I don’t understand reveling in the cruelty of Madoff’s sentence/prospect of death in prison.

 

Madoff’s crime drove his son to take his own life, there’s enough cruelty in that for any man to bear.

 

I prefer to think of his sentence as a matter of fact, by no means unjust and way behind a lot of sentences that need to be repealed.

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2 hours ago, webfact said:

Madoff has been living at the federal prison complex in Butner, North Carolina,

Well, I'm sure that those whom he has defrauded and who are still sufficiently fit to make the trip are currently heading there in their droves to express their deep regret and "true" sadness at his "tragic" health plight by flooding the surrounding neighbourhood with their inconsolable tears.

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59 minutes ago, AussieBob18 said:

That is not the point - a prison sentance is for two reasons. Punishment for the guilty and Deterrent for others. The fact that it costs money to detain people is irrelevant.  That some people are worthy of early release is valid, but their ongoing costs are irrelevant in making any decision. 

At least the costs should be irrelevant.

 

Prisoner release driven by cost cutting policies hasn’t worked out well recently in the UK.

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4 hours ago, Skallywag said:

Likely he will get much better health care in prison than outside prison - at zero cost to him.

Not convinced about that, the finest doctors don't work in prisons, they work for the big $$$, something I'm sure this scumbag still has access too!

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