As a friend of ours, a lawyer, advised us years ago regarding the criminal justice system, "Don't ever be a victim."
Consider the following:
Last evening, it was announced that Bernard Madoff will appear in the U.S. District Court in Manhattan on Thursday, March 12, at 10:00 a.m., where he is expected to plead guilty to federal charges related to his $50 billion Ponzi scheme.
According to an order signed by U.S. District Court Judge Denny Chin, "The court will rule on whether, and the manner in which, victims may be heard at the proceeding." The Ponzi King's victims have until 10:00 a.m. on Wednesday the 11th to e-mail requests to be heard at the hearing, hardly a magnanimous gesture on Chin's part as under federal law victims have the right to be heard at any hearing concerning a defendant's plea proceeding. [The Crime Victims' Rights Act of 2004; 18 U.S.C. 3771]
We are troubled by the time frame imposed by Judge Chin for victims to make known their interest in being present when Madoff appears in court. Further, as Chin suggests that he that he will not decide until Wednesday whether any of those individuals will be allowed to speak, if he does comply with federal law we wonder: in what manner will their presentations be made?
Please note that:
The order was issued on a Friday evening; it does not guarantee any of Madoff's victims their rights under the Victims' Rights act; and Judge Chin has given Madoff's victims less than five days--two of them weekend days--to decide whether to apply to be heard in his courtroom.
As many of Madoff's victims reside hundreds, if not thousands, of miles away from Manhattan's Foley Square, we wonder: how will many of the newly impoverished among them-those who can offer the most compelling testimony as to why Madoff deserves major prison time--be able to pay for airline tickets absent the benefit of seven-day advance purchase plans? And how will they be able to arrange for reasonably-priced hotel accomodations on such short notice?
Why must Judge Chin be so hasty in holding this crucial hearing on March 12?
Could he not have waited a week?
Shouldn't Bernard Madoff's victims view the judge's actions as being but the latest instance of the favoritism shown him by the Southern District court that began with his original bail arrangement?
And isn't Ira Sorkin, formerly an SEC official and a former assistant U.S. attorney in the office now prosecuting Madoff, once again succeeding in playing the system for all its worth?