Madoff requests leniency in sentencing
Bernard Madoff's lawyer asked for leniency from the judge who will sentence him to jail on Monday, appealing to him for a prison term of 12 years, rather than the 150-year maximum term the convicted swindler could receive under the law.
In a letter to federal court in New York today, Madoff's lawyer, Ira Sorkin, urged Judge Denny Chin to resist the "mob vengeance" that he said is emerging in the public outcry over Madoff's crimes. While Sorkin noted the "tenor and heart-wrenching stories of loss and deprivation" in 113 statements submitted by Madoff victims to the court last week, he said the "significant anger and resentment" in the tone of the letters, while perhaps justified, could, if adopted by the court, derail a just sentence.
Madoff, 71, confessed in December to defrauding his customers of at least $50 billion over decades by failing to invest their money. Rather, he paid millions to himself, his family, and numerous brokers who brought him business, and simply paid off one investor with another's money, until the scheme collapsed. He pled guilty in March to 11 counts of fraud, perjury and money laundering.
Sorkin said Madoff will speak at the sentencing, "to the shame he has felt and to the pain he has caused."
At his current age, Sorkin said Madoff has a life expectancy of 13 more years. So a prison term of 12 years would have the effect of a life sentence, Sorkin argued. Alternatively, he suggested a term of 15 to 20 years would achieve the goal of justice served "without disproportionately punishing" his client.
He cited Madoff's cooperation with law enforcement officials as reason for leniency, including turning himself in to the FBI last December instead of fleeing the country. Madoff has voluntarily talked to regulators investigating the broader case, Sorkin said, and has willingly entered into agreements to liquidate his assets for victims.
But for scores of Madoff's victims, no punishment is great enough for the man who stole their life savings. Two siblings writing to the court on behalf of their mother, Florette Silver, a retired New York City school teacher, said the losses caused their mother "incredible anxiety, devastating financial impact and broken dreams of secure old age" They urged the judge to give Madoff the longest possible sentence.
Other victim letters are filled with references to Madoff as evil and a devil, one writer going so far as to call him a "vicious animal" who he hopes "suffers for the next 30 years."
Sorkin said he was not seeking mercy or sympathy for Madoff, nor disputing the severity of his crimes. Still, Sorkin complained about death threats and anti-Semitic emails directed at him and at Madoff. It is the duty of the court, he said, "to set aside the emotion and hysteria attendant to this case and render a sentence that is just and proportionate to the conduct at issue." (Beth Healy, Globe Staff)
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