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Master swindler Madoff gets 150 years

Published: 30 June, 2009, 03:03


American financier Bernard Madoff has been sentenced to 150 years behind bars by a New York court for masterminding a massive fraud that robbed investors of $65 billion.

 
1 COMMENT
J. Kellinger June 30, 2009, 11:32 quote
0

Your story misunderstands the American legal system. There was no trial of Mr. Madoff nor was there a verdict. In the Madoff case a criminal prosecution was brought by the federal prosecutor into federal court. The prosecutor claimed that Madoff stole billions of dollars. Madoff was required to answer the charges. His answer to the charge was that he admitted to the crimes--that he stole the money. This is called a plea of guilty. The proceeding then moved directly to what is called the "sentencing" where the judge decides the punishment. Madoff's guilty plea made a trial unnecessary since no issues of fact were in dispute. He admitted to the crimes. A trial is held only when the facts about what happened are in dispute, such as when an accused person says "I didn't do it." At a trial, a judge or sometimes a jury hears the testimony from both sides and decides who is truthful. The judge or jury then renders a verdict of guilty or a verdict of innocent. After a verdict is rendered, either the accused goes free, or is sentenced. Mr Madoff's case went directly to sentencing without trial becasue he admitted the crimes. So we would not say that there was a verdict at the end of trial, but that he was sentenced to 150 years after a guilty plea. Mr. Madoff had a right to a trial by jury if he so desired. He waived that right presumably because there was little doubt that his guilt could be proven by the prosecutor.

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