Word: bailing
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Dates: during 2000-2009
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...spent 12 years as a federal prosecutor, first in Washington and then in the U.S. attorney's office in Manhattan, which is handling the Madoff case. TIME's Stephen Gandel asked Barkow about Monday's ruling and why most white-collar criminals get to stay out of prison on bail while other accused people are often sent right to the slammer. (See the top 10 scandals...
When it comes to bail vs. immediately putting a person behind bars, are white-collar criminals treated differently from perpetrators of other crimes? Yes. Most usually stay out on bail. Something like three-quarters of white-collar defendants, according to Department of Justice statistics, stay out on bail, compared to about half for other crimes...
...think the judge decided to allow Madoff to remain out on bail? Because the conditions already imposed on Madoff are quite stringent. He is on a 24-hour house arrest with an electronic bracelet and round-the-clock monitoring of his building by a security firm. That's as strict as you can get without detention. Also, the terms of the bail in the civil case, not the criminal case, prohibited Madoff from moving assets. Monday's bail hearing pertained to the criminal case...
Originally, the prosecution agreed to bail. Do you think the prosecution would have had an easier time getting him jailed now if they had asked for it originally? Yes, the judge actually used the government's earlier position against it in the opinion...
Last summer, a judge sent the former mayor of Detroit, Kwame Kilpatrick, to jail for violating his bail. How was that case different from Madoff's? In that case, Kilpatrick traveled to Canada. International travel is about the most threatening thing a defendant can do to raise a judge's inference that he is a risk for flight. So that really raised the radar of the judge. What's more, Kilpatrick got the order not to travel out of the Detroit area in his criminal case. In this case, the order that Madoff was accused of violating...