White Collar Crime News

Madoff gets 150 years but I’m still confused June 29, 2009

I’m still shocked by the whole Madoff situation.  I really don’t understand why he didn’t fight this.   I’m hoping someone can explain to me how this makes sense.  At his age, just about any sentence would have been a life sentence.  Due to his age, his life expectancy would be much shorter in prison.  I know his lawyer said 13 years so they were hoping for 12, but I don’t think that he would have survived a 12 year sentence. 

 There have been some studies published on how prison rapidly ages everyone, especially an elderly convict but most lawyers don’t make this argument.  As a result, most judges are reluctant to except it.  However, in this case, I guess it doesn’t matter.

As an attorney, I also fail to understand 100+ year sentences.  Just for fun, I would file an appeal and ask for 120 years.  Why not a million years? It is all such a bunch of nonsense.

The other nonsense part of this is that the sentence was so high so it will deter others.  This is another thing that has no rationale basis behind it but it is a cornerstone of just about every sentencing scheme.  

In my opinion, the only person this will deter is someone else who thinks about taking a plea instead of rolling the dice at trial.  But again, that is the big thing that totally confuses me on this.  At his age, why plea out?  Why not drag this out for every last second so that you can stay out of prison as long as possible?  

I try to let my clients do what they want even if it is against my advice as long as they understand it.  However, unless Madoff has a great reason for throwing his life away, I would get his head examined before I would even allow him to do this.

Anyone have any thoughts?