NEW YORK: Bernard Madoff, mastermind behind the largest and most sweeping Ponzi scheme ever, on Monday faces the possibility of spending the rest of his natural life in prison. Madoff is scheduled to appear in U.S. District Court in Manhattan before Judge Denny Chin, who could sentence him to as many as 150 years in federal prison.That is the maximum sentence that federal prosecutors requested for Madoff, who confessed on March 12 to running a Ponzi scheme that stole billions of dollars from thousands of victims. Madoff orchestrated the scam by masquerading his investment firm as a legitimate business. But in reality, Bernard L. Madoff Securities, which he founded in 1960, was nothing more than a front for the elaborate scam.In a Ponzi scheme, the scammer uses fresh money from unsuspecting investors to make payments to more mature investors, creating the false appearance of legitimate returns. In Madoff’s case, he sent statements to victims claiming that their investments had grown several times over, but in actuality he had stolen, not invested, their money.Investigators said that Madoff maintained an aura of exclusivity, while his alleged accomplices courted new investors because they needed a constant influx of fresh funds. Investigators believe that Madoff had been running his scam since at least the 1980s until he finally ran out of money in December 2008, when he admitted the fraud to family members.Sentence: 150 years, or 12?Madoff, age 71, pleaded guilty to 11 criminal counts, including fraud, money laundering, perjury, false filing with the Securities and Exchange Commission, and other crimes. Prosecutors with the U.S. Attorney’s office in New York requested the maximum sentence of 150 years, based on the number of victims, the amount of money he stole and the extent of the damage he caused.0:00
/4:18Inside Bernie’s house of cardsMany of his victims were wiped out financially by the scam and they have sent letters to the judge requesting a life sentence.But Madoff’s lawyer Ira Lee Sorkin requested a 12-year sentence. Sorkin explained, in his letter to the judge, that his septuagenarian client isn’t likely to outlive the sentence by more than a year.”Mr. Madoff is currently 71 years old and has an approximate life expectancy of 13 years,” wrote Sorkin. “A prison term of 12 years — just short of an effective life sentence — will sufficiently address the goals of deterrence, protecting the public and promoting respect for the law.”In his letter, Sorkin described Madoff as “non-violent,” noted his “voluntary surrender” to authorities and complained about the “desire for a type of mob vengeance” in the victims’ impact letters.Compensating the victimsThus far, federal investigators have identified 1,341 investors in Madoff’s firm, with losses exceeding 13 billion. They’re still tallying the damage.A group of victims sent the judge a 141-page collection of letters detailing the extent of damage that Madoff had inflicted on them. Many of the victims said they had banked their life savings with Madoff’s firm and they were ruined as a result of his scam. Eleven of the letter-writers requested, and were granted, the right to speak in court on Monday.There are two ways for victims to get compensated, or at least partially compensated, for their losses: through seized assets and through the Securities Investor Protection Corporation, an organization that shields investors in brokerage firms.Madoff’s wife Ruth is still living in their 7 million apartment in Manhattan. But many of their other assets have been seized, including a home in Palm Beach, Fla., an 800,000 yacht named The Bull, and a legitimate investment firm that Madoff kept separate from the scheme. The value of these and other assets will eventually be used to compensate victims, based on how much they invested in Madoff’s firm.Also, SIPC will pay up to 500,000 for any eligible claimant who lost money to Madoff, based on how much they put in. This coverage comes from dues paid by brokerage firms.Some victims are unhappy with this system. Joe Stewart of Las Vegas explained, in a written statement to CNNMoney.com, that as an indirect investor he is not covered by SIPC. Another victim, Dana Foy of Jemez, N.M., complained that SIPC will only compensate him for the 150,000 he invested in the firm, not the 600,000 that the firm told him his investments were worth.”In any other Ponzi scheme, the rule is [that] cash in, minus the cash [that the investor took] out, is going to be the value of your claim,” said SIPC Chief Executive Steve Harbeck to CNNMoney.com.Harbeck said that indirect investors who unknowingly gave their money to Madoff through a separate firm aren’t necessarily barred from compensation, depending on their particular case. “There are very few things in law that are black and white,” he said.Harbeck said that victims have until July 2 to file a claim with U.S. Bankruptcy Court in New York.Madoff’s next homeFor three months since his December arrest, Madoff managed to avoid jail by posting 10 million worth of bail. He spent the time under house arrest, ensconced in his Manhattan apartment.But since his confession in March, he has been incarcerated in the Metropolitan Correctional Center in lower Manhattan, a holding facility for convicts awaiting sentencing. This has given him a taste of life behind bars.Once he is sentenced, he will probably be transferred to a medium-security federal prison, according to prison consultants. Madoff’s status as a non-violent offender should keep him out of maximum-security, consultants said. But they added that the massive scale of his crimes and his hefty sentence would make him ineligible for a low-security prison or a minimum-security prison camp, which inmates usually prefer because of safety, fewer restrictions and better quality of life.In a medium-security prison, he would live in a cell, separated from the outer world by double layers of razor wire fencing with electronic detection systems, according to the Federal Bureau of Prisons. He would have to work a menial job, possibly in a kitchen or laundry room, for 12 to 40 cents an hour.The BOP will have the final say as to where Madoff will serve his sentence. BOP spokeswoman Felicia Ponce said they try to place inmates within 500 miles of their families.Keeping that in mind, Alan Ellis, attorney and author of the “Federal Prison Guidebook,” believes that Madoff will probably get sent to Federal Correctional Institute Otisville or FCI Ray Brook, both in upstate New York, FCI Fairton in New Jersey or FCI McKean in Pennsylvania.Madoff will have to learn how to survive in the medium-security environment, where there are many violent offenders, according to prison consultants.”There will be people who think that Bernie can give them stock tips, but I don’t see anyone being his big pal,” said Larry Levine, founder of Wall Street Prison Consultants who served 10 years for his ties to organized crime. “I believe he’ll be treated like an outcast.”
Source:CNN

