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Madoff to Plead Guilty Thursday

Friday it was reported that Bernard Madoff had reached a plea deal with Government. He is expected to enter a guilty plea Thursday to whatever charges were agreed upon on.

Today, the Government asked the Court to notify potential victims of their right to seek to be heard at the plea hearing. So far, 78 e-mail responses were received, 25 indicating a wish to be heard.

Will they be heard? The relatively recent victims rights law allowing victims to be heard at hearings involving release on bail, plea, sentencing and parole (which, on Nov. 1, 1987, was abolished for offenses committed after that date) is 18 U.S.C. 3771. [More...]

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Prosecutor Signals Madoff Plea Deal Imminent

The Government filed a pleading (pdf)in Bernie Madoff's case today stating he would waive Indictment and it would file an Information. Translation: Plea deal has been reached. More here.

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Judge Refuses to Revoke Bernard Madoff's Bond

U.S. U.S. Magistrate Judge Ronald Ellis has issued a 22 page opinion (available here) refusing to revoke Bernard Madoff's bond. ABC News has this report. It's a really good opinion. And, I think, the correct ruling. As the Court notes (from the opinion):

Generally, a court must release a defendant on bail on the least restrictive condition or combination of conditions that will reasonably assure the defendant’s appearance when required and the safety of the community. See 18 U.S.C. § 3142[c](1)(B). The issue at this stage of the criminal proceedings is not whether Madoff has been charged in perhaps the largest Ponzi scheme ever, nor whether Madoff’s alleged actions should result in his widespread disapprobation by the public, nor even what is appropriate punishment after conviction.

The legal issue before the Court is whether the Government has carried its burden of demonstrating that no condition or combination of conditions can be set that will reasonably assure Madoff’s appearance and protect the community from danger. 18 U.S.C. § 3142(e).

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