Legal Commentary

Grim Choices Await Madoff If Jailed Today

By Jeralyn

Update 7:36 am ET: Madoff has arrived at court. Here's a live video of his arrival.

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7:20 am ET: At this early hour, it's still not known whether the Government will seek to have Bernard Madoff's bail revoked when he pleads guilty this morning. Bloomberg has this rundown of possible institutions Madoff may end up at if jailed today:

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Until sentencing: MCC New York or MDC Brooklyn.

Both house criminals from “swindlers to murderers".... The “bleak” MCC is “horrendous,” according to defense attorney Sam Schmidt, who visits the jail several times a week..... Conditions are worse at the Brooklyn jail, according to a court filing by Flora Edwards, a lawyer for fund manager Raffaello Follieri ...Edwards’ filing described the MDC as having an “intolerable” stench and free-roaming rats.

After sentencing: Probably a medium or low security prison (not a camp right away) like Federal Correctional Institution in Oakdale, Louisiana, FCI Butner, North Carolina or F.C.I. Otisville, New York. The low security facility next to the camp at Fort Dix, N.J. is another possibility. Alan Ellis, attorney and author of the Federal Prison Guidebook says:

The addition of money-laundering charges “may make this a life sentence” and push Madoff into a medium-security prison, at least at first, Ellis said. “Where you end up has as much to do with where the BOP has a bed open as your sentence.”

I still don't understand why a 70 year old man who has never been behind bars is going to plead guilty so early in the process and willingly submit to what all experts agree is a life sentence. Could there be an agreement to let him stay out until sentencing? That's about the only thing that makes sense to me -- other than him not showing up at all. Stay tuned.

Related Posts:

• Madoff and Bail Pending Sentencing
• Where's the Bone for Bernie Madoff?
• Madoff to Plead to 11 Counts, No Sentence Concession
• Madoff Will Plead Guilty Thursday
• Judge Refuses to Revoke Madoff's Bond

Full post as published by TalkLeft on March 12, 2009 (boomark / email).