By David Schoetz

Dec 18, 2008 12:03am

Closing Arguments: Madoff’s ‘Penthouse Arrest’

As we reported earlier, Bernard Madoff left the comfort of his Manhattan penthouse today to face allegations that he is responsible for a scam that cost investors up to $50 billion.

And it was a quite a walk of shame.

Under an agreement reached with prosecutors, he must wear an electronic monitoring device and remain inside the $7-million Park Avenue apartment between the hours of 7 p.m. and 9 a.m.

So tonight, we ask you: Should Madoff have to go to jail while he awaits trial — like many accused of serious crimes? Or are the terms of his house arrest fair?

Tell us what you think.

And one note: Technical problems on our end made it hard to find the Closing Argument blogs at the end of the show on Monday and Tuesday. For that, we apologize.

User Comments

Bernard Madoff Should have his hands cut off for he has done.

Posted by: jaytee | December 18, 2008, 12:20 am 12:20 am

What does it take to go to jail in this country? Bernard Madoff is now suffering with an ankle bracelet in his multi-million dollar condo in Manhattan. Poor thing! When you are wealthy, well connected, lined the pockets of politicians all over the country, you can steal billions and billions of dollars and get a slap on the wrist.
What do you get if you are Joe the Plumber and swindle your customers? Three to five in a Prison.
Crime does pay in the USA for the rich and the politically well connected.

Posted by: Eitttts | December 18, 2008, 12:25 am 12:25 am

I find it difficult to understand why those who commit so-called “white collar” high- stakes crimes so often walk, while your common, ordinary, garden variety low-income street thieves almost always go immediately to jail: do not pass go, do not collect $200.00 dollars, with no optional get- out -of- jail -free courtesy card (let alone ankle bracelets).
Mr. Madoff’s liberty too sadly demonstrates that there is still a gross fundamental unfairness in American justice that favors the rich and famous.

Posted by: A. Sewell | December 18, 2008, 12:26 am 12:26 am

Madoff should be in prison & all his assetts siezed. Nothing he has is his anyway.

Posted by: Corky | December 18, 2008, 12:26 am 12:26 am

INNOCENT UNTIL PROVEN GUILTY?! Anyone remember that?! Of course he should be able to reach terms and not have to go to jail to await a trial. If you are able to stay out of jail by posting bail, you should do so. Unfortunately our entire justice system is corrupt and this system, like everything else in this country, is based around money…whoever has it gets a better deal. But everyone should have a chance through a bail agency or not to post bail and await a trial. Why should we hold people in jail and spend our money on sustaining them for months when they are not even proven GUILTY? Come on, people, our civil rights are being taken away, WAKE UP!

Posted by: Terry | December 18, 2008, 12:28 am 12:28 am

Clearly he belongs in jail….he is the worst kind of criminal…..who is this judge and what is he thinking??!! Does not 50 billion $ of other people’s money constitute a serious crime? And, if not, what in his mind does? What has the world come to?! Ask the people whose money was lost….let them make the decision. For them, it would no doubt be the death penalty. Where has consequence for actions gone? An everyday Joe Blow would go to jail so something stupid but this “livin’ large”, crooked as they come loser, who has taken the life out of many goes home to his million $ apartment. Disgusting and appalling!

Posted by: Linda Fenneman | December 18, 2008, 12:35 am 12:35 am

What is sooo unfair in this country is the double standard for men and women. Martha Stewart was jailed for ‘allegedly lying’ about information related to stocks she sold. Yet, this Madoff literally stole millions of dollars in a scam bar none and he just gets ‘house arrest’? Please, American judges! What this man has done amounts to murder, pillaging and slaughter of thousands of men & women by stealing their fortunes and ALL he gets is house arrest! I can’t believe we are not more outraged about this given the current state of our economy. Where are the judges of integrity and authenticity?

Posted by: chgowhtlady | December 18, 2008, 12:35 am 12:35 am

This one guy has done more harm than all
the small fries put together that are in
jail. This guy needs to be made an example of by public torture on TV til
he’s dead! This country can’t continue
overlooking white-collar crime as it has
in the past.

Posted by: manwithhorn | December 18, 2008, 12:36 am 12:36 am

Madoff deserves to be tied upside down by his ankles in some dark hole while he waits his fate,house arrest in the pent house is a crock of crap!

Posted by: George Sullivan | December 18, 2008, 12:42 am 12:42 am

The Judge has the right to refuse bail for dangerous arrestees or particularly heinous crimes. If $50 Billion from innocents and particularly charities is not heinous, what is?

Posted by: Gspring | December 18, 2008, 12:45 am 12:45 am

No he has not been proven guilty in a court of law yet, but I will bet when is found guilty it will be a minor sentance. If the American people are not outrage with crooked politicians, CEO’s who make bad business decisions and are rewarded well in money, then I do not expect them be outraged about this man either. Our society will let the crooks off, then fight over a bail out for the auto industry which effects real workers. A nation has lost all its morals.

Posted by: Mike in Ky | December 18, 2008, 12:54 am 12:54 am

To add to the former comments. In our city people have immediately gone to jail for six months for embezzling $14,000, which was paid back. This is a long way from $50 Billion. His pent house arrest is very rediculus. I’m surprised someone didn’t take him out on the street.

Posted by: R. Phillips | December 18, 2008, 1:06 am 1:06 am

I have lost faith with society’s laws and politics in America!!!

Posted by: sisterdearest09 | December 18, 2008, 1:08 am 1:08 am

Not only does Madoff need to be setting in jail,untill his trial,the government needs to seize his property,cars,bank accounts,jewelry, etc.
After all his gain was all made illegally !!
I hope he does not silp out of the country when no one is looking.

Posted by: Out of work !! | December 18, 2008, 1:15 am 1:15 am

Hey Jaytee….all ya have ta do is be a “normal Joe Blow” and get caught with a small amount of pot! For that, in this country, you go to jail. Make and sell glass smoking devices (Bongs) across state lines and do federal time, ask Tommy Chong!! This guy will do less time than the average bank robber and the bank robber ain’t stealing $50B!!! By the time appeals are said and done…he will have passed away!

Posted by: Mile Hi Dave | December 18, 2008, 1:15 am 1:15 am

He should be placed under the jail while awaiting trial!! He is one reason people have a problem with trust these days. He can’t do crap on his own, so he has to prey on others. Lazy *****

Posted by: Don | December 18, 2008, 1:41 am 1:41 am

A Federal Magistrate can only decide to detain a defendant if the defendant is a danger to the community or a risk of flight. Madoff’s danger to the community would be that he would in some way swindle additional people out of money. Madoff only did so before via his reputation and previous lifestyle. Madoff’s reputation no longer exists and is going to be monitored pretrial by the court to ensure he doesn’t engage in any said activity. The home monitoring via the ankle bracelet theoretically and historically is usually sufficient to diminish any risk of flight. The court has also collected the defendant’s passport. In this particular case the judge also ordered the defendant’s spouse to turn over her passport, again minimizing risk of flight.
As far as Madoff staying out of prison, that is highly unlikely. He probably won’t be able to remain free pending appeal either. Once Madoff either pleads guilty or is convicted, he will be sentenced and will receive a reporting date for Federal Prison. Due to the length of the criminal conduct in this case as well as the large sum of money involved, it is highly unlikely that Madoff will ever see the outside of a prison once he reports to serve his sentence. Of course that depends on how long Madoff lives and if and when he pleads guilty and or provides substantial assistance to the government in apprehending and convicting any other additional conspirators in this case or any other case he may have information of… .

Posted by: Larry | December 18, 2008, 1:46 am 1:46 am

I think it is outrageous that Madoff has to suffer only a leg bracelet in his $8,000,00 apartment. He should have to put up $50B for bail money or go to jail.

Posted by: Robert Poli | December 18, 2008, 1:54 am 1:54 am

The plutocracy in this country and our courts has gone on far too long. The rich are no different naked or dead, than the rest of us. But money protects, insulated the affluent from us, even punishes some and used as a weapon against others. There has always been a double standard in courtroom. Con artist like Madoff will come and go, steal people blind, then a judge will slap them on the wrist and tell them not to do that again or don’t get caught the next time. Wink, wink.
Jail, for the rich? Ha. They’ll buy there way out every time.
Wall Street has begun handing “the bailout” money for CEO’s perks. We’re screwed. Thanks George.
I believe about $500B in bailout money should go directly to the American people who make under $200,000.00 a year. Even to the people who do not work or can’t and those oh, so hate welfare people, too. Divided equally.
However, before that could happen, the government would need to regulate most all business or they’ll be scamming to get every penny out there, until they have it all again.
That would truly cause a spending spree like we have never seen and put a whole lot of people on the same playing field, instead of under it.

Posted by: Noah | December 18, 2008, 2:08 am 2:08 am

Something is VERY wrong in this country ,
Help me understand this! Someone can get arrested and jail for SHOPLIFTING anything from something to EAT or goods and it dont have to be over 100 bucks.
But if you STEAL million and billions then you can be off back to your mansion/condo; Without seeing the inside of a JAIL.
WHAT IS WRONG WITH THIS PICTURE.
The RICH have one law and the POOR the other.I have lost all faith in the LAW.
The government have all the POWER to fix this .and they dont, They more times or not have their hands in with these THIEVES.

Posted by: sean | December 18, 2008, 3:17 am 3:17 am

He should be put in the worse jail/prison in the country. It is outrageous that he is allowed to sit in a multi million dollar NYC penthouse. He is far worse than any thief in this country. He should not be allowed a phone or computer, or any other forms of communication. What are the courts thinking? Is someone being paid off????

Posted by: kathy | December 18, 2008, 3:51 am 3:51 am

The man belongs in JAIL! He is a CROOK!The Judge is also a Crook if he doesn’t realize this. Where is justice for the families like the Lady that was on your show. they will feel devastated for the rest of their lives. Madoff has it ‘easy’!! At his age he will be gone while everybody will still be suffering long after. That “smirk” on his face this afternoon was him “laughing” at our Judicial System.PRISON.. no other options.

Posted by: Richard from California | December 18, 2008, 3:56 am 3:56 am

I would like to add something to my earlier post. Every charity, school, university,the elderly, or individual who he has ‘robbed’ should get a protest sign and march on the steps of the courthouse of this Judge and Protest until the Judge puts him in Jail.Let the cameras show ‘the faces’ of the innocent he has Robbed. Nobody has put a Face to this Crime yet. Show THAT on the News every night.

Posted by: Richard from California | December 18, 2008, 4:08 am 4:08 am

he should go to jail immediately to be the bitch for bubba. he should never see the light of day again.

Posted by: gary Gibson | December 18, 2008, 9:45 am 9:45 am

What is it going to take in this decaying country for us to see the level of hidden GREED out there which I think is a bigger threat then terrorism. Anyway, they both are costing us billions. And another question, WHERE in the hell is alllll this money coming from which our government is magically pulling out of it’s bottomless pocketbook?

Posted by: Demitri | December 18, 2008, 10:43 am 10:43 am

An admitted crook, thief no good manure should be in jail right now …not bail.
Shame on the Judge that allowed this fraudster to go home.
Jail, jail, jail.

Posted by: Marina | December 18, 2008, 11:50 am 11:50 am

He has murdered the future of hundreds of people. How can there even be the question of bail? He should never again see the light of day.

Posted by: Douglas Jaques | December 18, 2008, 1:37 pm 1:37 pm

Yes, he should be in jail!! Is our system so corrupt that we have lost all sense of justice? These greedy amoral people are destroying our country.

Posted by: Karen | December 20, 2008, 9:33 am 9:33 am

Yes, he should be in jail!! Is our system so corrupt that we have lost all sense of justice? Greedy amoral people are operating unchecked and destroying our country.

Posted by: Karen | December 20, 2008, 9:33 am 9:33 am

This is beyond shameful!!!
Shame on Bernie and shame on the defense attorneys who will make millions on this case. Where has common sense gone? This guy appears to be one of the most disgusting, immoral, criminals of all times and should be judged by his piers and pay for his crimes like anyone else….in jail for life, without release.

Posted by: John Hirst | December 20, 2008, 3:13 pm 3:13 pm

Why could Madoff rob us by billions? And why can he still stay out of jail now? (There are many small-time criminals serving 20+ years now by robbing or stealing only a few thousands of dollars.) My guess the difference is the so called ‘connections’(Can we trust Cox and the SEC?). Madoff is certainly one of the smart white-collar crooks.
—————— (Don’t know why. The ABC News has blocked my ids from posting comments on its site. They also deleted some of my comments. And they refuse to tell me why. I can only post in this blog section now. Guess the freedom of speech is no longer in ABC News’ vocabulary.)

Posted by: cbs_bull | December 20, 2008, 10:16 pm 10:16 pm

I hope Madoff gets what he deserves, a long time in jail. On the other hand, I say inocent until proven guilty also. There had to be more than just Madoff who knew what was going on and profitted from this, I hope they find them also. I will say that I wish Madoff grabbed that photographer’s hand who pushed him when walking and broke his fingers. Assault when trying to walk in public is wrong. Surrounding someone like I saw the photographers doing is beyond reason. Photographers who violate peoples personal space to get photographs should be banned from that profession for 90 days then later a year.

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Posted by: candy | December 23, 2008, 5:04 am 5:04 am

Quite your whining and accept the fact that Jews in this country don’t have to obey the law. Convert to Judaism immediately and you will be safe from prosecution or negative press. As a Jew, when you commit a crime the media will just say how sad it is that such a nice Jewish persoin would do something like that.

Posted by: Average Joe | December 23, 2008, 7:38 pm 7:38 pm

SEND THIS CROOK MADOFF STRAIGHT TO JAIL, WHO DOES HE THINK HE IS TO BE OUT ON BAIL, WHO IS GETTING PAID UNDER THE TABLE LETTING HIM GO OUT ON BAIL? A MAN COMMITTED SUICIDE FOR WHAT HE DID, HE NEEDS TO BE HELD CHARGED FOR THAT SUICIDE MURDER….HE IS GUILTY……

Posted by: Jay Paul | December 26, 2008, 1:33 pm 1:33 pm

I find it ironic that people trusted $50 Billion in the hands of a guy named Made-off………….

Posted by: Dave | January 8, 2009, 12:12 am 12:12 am

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