According to documents filed by the U.S. Attorney for the Southern District of New York, Ruth Madoff was required to surrender her passport on December 18, 2008, as a condition of her husband's bail agreement.
As she was not charged with any crime at that time, one can only speculate as to the government's reason, or reasons, for seizing her passport.
Given the fact that Bernard Madoff had an office in London, the government may have feared that his wife would travel there and destroy documents and/or empty the firm's coffers. There may also have been concern that Ruth would raid her home in Cap d'Antibes, France, where the Madoffs may have secreted documents, negotiable securities and cash, or that she would purchase an around the world air ticket, enabling her to visit any number of countries where she and Bernie, or trusted confederates, may have hidden large assets.
Then, there is the possibility that the government has suspected from the very beginning of its investigation that Ruth played a role in her husband's criminal enterprise and thus should not be given the opportunity to flee from the United States to a place where her extradition could pose difficulties or be downright impossible.
Whatever the case may be, if the government's legal pretext in taking her passport was linked to the conditions of her husband's bail agreement, Ruth's passport should have been returned on, or shortly after, March 12, the day his bail agreement became histoty on his remand to the Metropolitan Correctional Center.
The issue of Ruth Madoff's passport is highly relevant: if it has in fact been returned to her, she would presumably be free to leave the country with a great deal of cash. If, on the other hand, the government still holds her passport, is it because she will eventually face criminal charges? If that is not the case, given that Bernie is no longer out on bail, why should she be limited from traveling abroad?
Seeking clarity about Ruth's status, we e-mailed the Southern District two questions directed at acting U.S. Attorney Lev Dassin only to be informed via return e-mail that he is not responding to inquiries therefore not answering the question of whether or nor she has her passport.
We have also asked Ruth's attorney, Peter Chavkin, whether his client's passport has been returned. We await his reply.
In not simply responding "Yes" or "No" to our queries, is the government revealing more than it is saying?