Let Bernie Madoff, and Many More, Out of Prison

Feb 17, 2020 · 506 comments
PubliusMaximus (Piscataway, NJ)
How about we release and pardon low level, non-violent drug offenders first, who are almost always from the lowest economic strata of society? They are far more deserving of an editorial in the New York Times than Bernie Madoff will ever be. Madoff had every advantage in life and it wasn't enough for his repugnant greed. He deserves no sympathy, and he should perish behind bars. Let it be a warning to the rest of the white collar criminals who are out there at this very moment acting like they are above the law.
Laura (Muir Beach)
Let this white collar crook who ruined the lives of the people who trusted him off the hook as an act of compassion, but leave in prison men like Leonard Peltier? I don't think so. Nice try.
Rob Hubbs (Maine)
If anyone should remain in prison it is Bernie Madoff.
Jack Follansbee (Texas)
Even when we're talking about mass incarceration, rich old white guys are front of the line?
Sepp Donahower (New York City)
Hogwash. This guy destroyed many many lives. He deserves to stay right where he is...in prison. He knew exactly what he was doing. Sociopathic criminal. There are many that deserve early release...Bernie Madoff is not one of the.
JDK (Chicago)
Wow, could you have pocked a less deserving criminal to make your case? No. He serves his term.
LRR (New Haven, CT)
No thanks!
James (Burlington, VT)
No remorse, no release. He's a textbook sociopath with zero empathy and should remain in prison.
RichardM (Phoenix)
No No No....do not let him out prison. To balance your article, you might have investigated how many poor, Black and White persons were put in prison for life because they shoplifted 3 times. SHOPLIFTED ! ! Remember that?? Many of them may be dying in prison now, and they may have families too.
sheila (berkeley)
how about when he returns all the money he frauduently stole from thousands of people!
Chrystie (Los Angeles)
If we're going to reduce the number of prisoners, you know where I'd rather start? Anywhere but white billionaire fraudsters.
Susan (Clifton Park, NY)
Releasing Madoff would be worse than his being in prison. He would be a pariah extraordinaire.
Hans (NYC)
Bernie Madoff has caused me to reconsider my opposition to the death penalty. Out? Never. Rot and die in jail.
Bob (Washington, DC)
There are probably hundreds of thousands of incarcerated people with more compelling cases for clemency, but here is the NYT publishing an op-ed asking for it for a white guy who spent most of his time living in luxury.
Mike (NY)
Yet liberals are perfectly ok with send Roger Stone for 9 years to jail for lying while Clinton, Comey, McCabe and Brennan all lied to Congress go free.
Oh. My. God. (Boston)
Never. Ever.
tony (DC)
I understand that Mr. Madoff is Jewish. Perhaps Israel will agree to allow him to return to Israel? Or perhaps Israel can extradite him from the US to face justice in Israel ? Is that possible? Will the US agree to that? Once he is released or extradicted Israeli authorities might agree to cover that expense. Or perhaps he can get a kidney transplant and live much longer there. If I were in Madoff's shoes I would easily accept returning to Israel, even if I were being extradicted to Israel and had to spend the rest of my days in an Israeli prison, at least I would be home.
Blair (NJ)
Didn't I read in the NYTs that when Bernie was in home confinement waiting trial and knew that he was under audio surveillance, the only reason he and Ruth thought they were being prosecuted was because they were Jewish.
cart007 (Vancouver Canada)
I am guessing that vigilante justice may take up the case, should Madoff be set free...
MJB (DC)
Maybe we can shift our cultural impulse on someone who never had a real shot at life, instead of setting a new record for white male privilege.
Edith (Irvine, CA)
If Madoff had been black, or Hispanic, and had stolen from a similar number of people, would this column even exist?
Hard Right (Paradise)
Nope. Bye, Bernie.
GS58 (Northern NY)
I can see the logic behind this.Now all he has to do to be released is to pay back every penny he swindled from all those thousands of people.Oh, he doesn't have 4 billion dollars on him ? Enjoy the rest of your stay,Mr Madoff.
Greg (San Diego)
We can end mass incarceration and let Madoff die in jail.
A (On This Crazy Planet)
I think the death of his sons is irrelevant. Madoff cheated people. Let him die in prison.
Doremus Jessup (Moving On)
He’s rich, he’ll get released. If he was poor, he’d rot in jail. Welcome to the new United States. Money talks.
Patti O'Connor (Champaign, IL)
Has anyone asked Madoff's victims what they think?
Harley Leiber (Portland OR)
Madoff has done his time. Now he is dying. What's the point? What purpose is served by having him die in jail. He is, in many respects, already dead. Let him out and make room for a serial killer, a traitor, or a child molester. 11 years in prison is a long time. His sons are dead, his material possessions repossessed, his reputation destroyed, his marriage over, and his friends are gone. What else is there...
Ichabod (Crane)
Charles Ponzi got 9 years in jail and then deported for stealing from the masses. What is so special about Madoff.....other than he stole primarily from millionaires and billionaires.....and made them look foolish? Oops....did I just answer my own question?
JND (Abilene, Texas)
Too bad, Bernie. You should have had compassion on your victims.
BorisRoberts (Santa Maria, CA)
How much did you lose, Colleen? Your parents? Family? $50 BILLION.
Ghost (NYC)
No. Just no.
In deed (Lower 48)
On the other hand. Throw away the key.
Peter B (Brooklyn)
A good buddy of mine worked in Rikers as a teacher. His take away, "Thank God there are prisons." As for Mr. Madoff has "Our justice system" made him "appeal to" his "higher ethical ambitions." He is a sociopath who robbed people of their lives, their time, sweat, money, futures, comfort. The author has never been a victim of a crime that stays with you the rest of your life, comes to you in your sleep. Let Madoff and his ilk rot in jail.
Sonja (CA)
No sympathy here...
mytwocents (Portland OR)
The killer in Norway got off easy. So did Bernie. Both white.
Karl (Charleston SC)
NO, NO, NO!!! He deserves all he has received and more!!
MLH (DE)
Absolutely Not!
Dave S. (New York)
Uh, no thanks. Next!
John Nelligan (Limerick, Ireland)
The compassion should be directed to those he defrauded. He should die in prison.
John Archer (NY, NY)
Fat chance!
Goyim (Philadelphia, PA)
If he stays in prison he gets free healthcare.
Randy (SF, NM)
When I saw the title of this piece, I thought it must be satire. Madoff isn't someone who made some mistakes. He spent decades swindling his clients in order to fund a lavish lifestyle. The only way Madoff should leave prison is in a box. Releasing him isn't worthy of consideration, and this column wasn't worthy of the Times.
Philip Shane (New York)
This is madness.
Joe Gould (The Village)
Of course the argument is made on behalf of a white man.... of course.
J.Abroni Dwayne Johnson (New York)
I'm afraid your compassion is misplaced. Nice column though.
Karen Branz (Austin, TX)
Save your empathy for someone who faced life with few options. Mad off is a cold blooded sociopath who, given the opportunity, would wreak havoc on others lives without a backward glance. Keep him in jail.
Touger (Pennsyltucky, PA.)
Compassionate release should not be based on class. His crimes deserve a long sentence regardless of his current age and health. Once again the Times reveals a class bias.
Sam (Beirut)
His actions drove three people to commit suicide. That is a serious crime.
Oh Please (Pittsburgh)
Not before you release the millions of Americans imprisoned for possession of marijuana or inability to pay fines. The fate of one rich, white, conman shouldn't merit a column in the NYTimes when racism and drug hysteria have ruined so many American families.
Ed Geren (Beverly Hills, Michigan)
He ruined peoples lives. He has done nothing on this earth to warrant any sympathy or accommodation whatever !!!
frank (Oakland)
LThose incarcerated for violent offenses compose a vast majority of our prison population, in spite of a false narrative that most people are in there for nonviolent drug offenses.” Ok, so let’s do some fact checking here. Drug related offenses total nearly half, 45% of those imprisoned. Please stop making stuff up! From the Federal Bureau of Prisons: https://www.bop.gov/about/statistics/statistics_inmate_offenses.jsp
sanity (the hudson valley)
sometimes revenge is the point
Independent (Voter)
Ask Madoff's victims if he should be released. People who were not victimized by his crimes sure are eager to see him escape his punishment that was justly imposed by a court of jurisdiction. Compassionate release my foot. How short some people's memories are. But his victim's memories are not short. And in case you have forgotten who his victims are allow me to refresh your memory by providing these two links to the list of names. https://s.wsj.net/public/resources/documents/st_madoff_victims_20081215.html and https://online.wsj.com/public/resources/documents/madoffclientlist020409.pdf.
Deirdre (New Jersey)
Bernie Madoff does not deserve mercy. He showed no contrition or empathy for those he swindled. He should stay where he is. Of all the deserving people to write about it is offensive that you choose this man- this unrepentant, psychopath who probably wants to be released so he can tell his wife where he buried the money.
Mr. Rowland (Long Island, NY)
No. No. No. A million times no. This man stole from charities. He stole from Holocaust survivors. If you want to die in bed, in comfort, surrounded by your family, don't do terrible, awful evil things. Otherwise, die in discomfort, berefit of your family and your comforts. What you have reaped, you have sowed. No release for Bernie Madoff.
Emma Ess (California)
Mr. Madoff stole Elie Wiesel's life savings and those of his wife. He also stole $15.2 million from Mr. Wiesel's non-profit. Here's what Mr. Wiesel had to say: “I would like him to be in a solitary cell with only a screen, and on that screen for at least five years of his life, every day and every night, there should be pictures of his victims, one after the other after the other, all the time a voice saying, ‘Look what you have done to this old lady, look what you have done to that child, look what you have done,’ nothing else.”
Julie (Houston)
No. And No.
pedro (Carmel)
another scam ,getting over ,he is where he needs to be
Steven (NYC)
When this lying thief returns all the money he stole and when all the lives he destroyed are repaired we can start to think about poor Bennie’s problems sitting around in his “vip prison cell”. There are people who should be released but this guy is not one of them.
Plenny Wingo (Florida)
Nope - far few rich ever see s jail cell.
Steve Dowler (Colorado)
What? So he can run for President? Another con-man we don't need!
R. Anderson (South Carolina)
Not a prayer, Colleen. This guy created untold anquish.
John Doe (NYC)
Let the people Madoff ripped off vote on it.
Joe (Redmond, WA)
He gave up the right to die in his own bed when he denied hundreds of people their retirement funds. They have not had easy times neither should he - let him die in prison.
Gunnar (Lincoln)
It's clear the author does not understand what is meant by the term "mass incarceration." Surprised this one made it to print.
Nicholas (Portland,OR)
Was Madoff a Robin Hood? Did he rob the rich and helped the poor? No, he did not! To bring Anders Breivik in this discussion is misplaced, ta say the least. Why? Norway might regret one day! We know that. The attention of civilized societies should indeed be directed to correctional punishment, but not before the entire system is recalibrated and made to work on humanistic principles ( to include elimination of racism and white lashing); free education and professional training for all, which can only be accomplished by just taxation and massive systemic changes. In today's jungle capitalism that is impossible to achieve. So Let Madoff rot in jail; no mercy for the likes of him. He was a predatory animal, and must be caged. America needs to wake up and embrace civilization, but mostly regain its soul first!
Byron (Brooklyn)
Bringing up Anders Brevik's 21-year sentence for killing 77 people likely proves the opposite of the point you're trying to make: Maybe Madoff doesn't deserve more time in prison, but Brevik certainly does.
Ivan Goldman (Los Angeles)
Dying in prison is his just reward.
George Knowles (Janesville, WI)
I feel what Madoff did to his victims is no less cold, calculated and vicious that if he’d robbed them at gunpoint in a dark alley. “There’s nothing to repent for. I already knew what I did was wrong.”, said Madoff, during a 2014 prison interview. https://www.politico.com/story/2014/03/bernie-madoff-interview-104838 Throw away the key.
Peter (Phoenix)
I agree with the writer.
elloo (CT)
No. Let Madoff die in prison. I repeat...let him die in prison. Justice? Who cares? This is revenge for a horrible man. Once more...die in prison.
Banjokatt (Chicago, IL)
Sorry, this unrepentant man must stay in prison.
LindaP Ithaca (Ithaca)
Colleen, just a different spin from the other comments. I would like you in my corner should I be in severe physical difficulty.
Jules (California)
When you read Diana Henriques' excellent book The Wizard of Lies, you come to understand that Madoff is a sociopath -- he cannot feel empathy for others. "Compassionate release." The height of irony.
Nancie (San Diego)
Does it matter where he dies?
RonRich (Chicago)
I bet, if you took the time, you could find a more deserving poster-boy for early release. Perhaps, someone unjustly incarcerated or someone with mental disabilities or someone poorly defended or tortured into a false confession....if you took the time.
BWCA (Northern Border)
Let Bernie Madoff out as long as you put all other bankers that caused the 2007/2008 crash in.
Ken Wightman (Toronto)
Mad off should be let free if the many others who have stolen much less get the same treatment first. Many black prisoners would be set free for petty crimes under this standard.
michael h (new mexico)
Nah. He can stay there.
matt (new york)
Robert Hanssen is probably behaving very well, too.
j (here)
How many years did his secretary get? did she get out early? Also - Ruth never got prosecuted - Does anyone with a working brain cell think she was unaware and completely out of the loop? He should do the time that Ruth got away with not doing
SW (Sherman Oaks)
We can do better by showing compassion to the people we are currently holding in our concentration camps at our borders. But to Madoff? He had no compassion
Blackmamba (Il)
Nonsense. With 5% of humanity America has 25% of the Earth's prisoners. And while only 13% of Americans are black like Ben Carson, Will Hurd, Tim Scott and Clarence Thomas about 40 % of the prisoners are black. Because blacks are persecuted for acting like white people do without any criminal justice consequences. Prison is the carefully carved colored exception to the 13th Amendment's abolition of slavery and involuntary servitude. Those Americans with the most power and privilege aka white European American Judeo-Christian males should be treated the most harshly by the criminal justice system. Particularly those with the most color aka race, ethnicity, national origin, faith, political socioeconomic power like Bernie Madoff, Michael Flynn and Roger Stone. Stealing millions and billions by banking, finance and stock fraud does more damage to America and Americans than shop lifting, purse snatching, pocket picking and burglary. While the deadliest and biggest opioid drug makers and dealers are in corporate America like the Sackler family Purdue Pharma and CVS and Walgreens.
Jason (NYC)
He deserves zero sympathy. Put him in general population and let nature take its course.
Norberts (NY NY)
Where's he going to go?
Max Borseth (California)
Many prisoners die in prison, of course they are poor. Bernie Madoff's son committed suicide as a result of his father corruption, why would we grant this thief freedom.
Concerned (Oregon)
Three suicides because of Madoff. Three deaths. He should spend his last days in prison.
katsmith (pittsfield ma)
Within your argument for compassionate release for Bernie Madoff you write: "In Norway, where Anders Breivik was sentenced to 21 years in prison for a horrific mass murder, 11 years would be considered harsh enough." Really? For murdering 77 people? 11 yrs is "harsh enough"? How many years do you think would be fair? If any? And exactly what is your underlying agenda? Because its not just about "compassionate release", it seems.
manta666 (new york, ny)
Trade him for Trump.
Robert Houllahan (Providence R.I.)
How about releasing all the non violent not rich not white people who are incarcerated for minor offenses like selling marijuana first? Releasing Madoff would be a symbolic gesture which says if your rich you get special treatment.
Jazzmani (CA)
One word: NO
Kara (Bethesda)
The timing of this article is really bad, considering the requests being made by the administration for lighter sentencing for corrupt white guys. Perhaps the author should put her energy into helping reduce the sentences for those more worthy of which there are plenty.
Mark (Shanghai)
Great idea to call for the "compassionate" release of a white-collar criminal who stole billions of dollars. Oh, what a country.
Harriet (Jupiter,FL)
NO!!!!Leave him where he is in unforgiving detention for however long his life lasts. He earned it. He deserves no less than any convicted murderer under life sentence.. His self-serving and calculating actions caused restricted lives and early death to many of his victims, some by suicide like one of his sons. He needs the solitude of his cell to contemplate his life's work. NO!
Jeff (Danbury, CT, USA)
No, he destroyed many lives.
Susan Nakagawa (Paris)
The writer lost me when she suggested that eleven years for Anders Breivik might be considered enough time for the murder of countless children. No. Just no, to echo some others.
Saul RP (Toronto)
Sorry to the writer...although I’m compassionate towards dogs and cats, this guy was and still is a rat! Where was his compassion as he knowingly wiped out life savings of individuals and charitable organizations. Sorry I’m also not compassionate towards bleeding hearts, such as yourself.
Chad (California)
We need to abolish prisons.
Anthony (AZ)
He has served 10 years out of a 150 year sentence. Let him die in prison. If you are interested in early releases then so be it, but do not use this man as your example.
DJSMDJD (Sedona AZ)
Was this ghost-written, by Madoff?
Christy (WA)
Next you'll join Trump and AG Barr in seeking compassionate release for Roger Stone because he's an old swinger who'll lose his libido before he ever gets out of prison. Madoff caused untold suffering to many of his victims, including members of his own family. It is only fair that he suffer too until the end of his days.
gcinnamon (Corvallis, OR)
It is pretty certain that Madoff's actions shortened by years or ended the lives of the people he swindled. The what-about-ism trumpeted by the author has nothing to do with the business at hand -- Madoff's corruption and utter disregard for human life.
Donald Criss (Munday, WV)
Sure, we do something to end mass incarceration in the United States. Most of it comes from the failed war on drugs. There have been, and in many places still continue be, untold numbers of people who have never harmed anyone who have had theirs freedom taken and lives ruined for growing and smoking a flower. Let's start with these people. As for the man who had more wealth than most of us common working people could imagine, but still stole peoples life savings, the only reason I can see to free him is so that he may be drawn and quartered publicly.
Michael Kennedy (Portland, Oregon)
No. He stays. That's it.
Lynn Buckvar Keltz (NY)
Why can’t he start dialysis for his kidney failure like everyone else? He can do this as a prisoner as others do.
DDG (San Jose, CA)
Let him out to breath the air of freedom . . . No!
John (Des Moines)
Bernie Madoff is the poster child of mass incarceration? Really? How about maybe a generation of black men that couldn't afford high priced legal defense?
LH (USA)
Madoff destroyed lives and is a symbol of white privilege. He should be joined by others of his ilk, not freed.
Donald (Florida)
MS EREN, go bark up another tree. When ever black man who sold a few dollars or pot is released. When every STOP AND FRISK is released . When every miscarriage of justice is corrected and paid in full , when every race based crime against that persons liberty is undone. May then after many years of thought can we begin to muddle that idea that this lying, corrupt arrogant disgrace of a human being can even be considered. I see you are writing another "novel' about money laundering and hedge funds. I suppose they will get the same kid glove treatment.
Blacksmith (Prague, Czech Republic)
Why can't Madoff do dialysis? He could live a lot longer than 18 months. Sounds like another con job.
Arturo Eff (Buenos A)
This may have been said in other comments. But if not, then let me say this. I am quite sure Collen P Eren that had YOU or your loved ones lost everything they had worked for, saved and invested with this charlatan, with the expectation of the promise of an even better retirement, only to then see it all disappear, rendering them with nothing and then, too, ill with fear, anxiety and eventually death brought on by such stress; if YOU had experienced the same, I am sure you wouldn't be writing such an article. It's akin being a gunlover, who's never experienced the pain of losing a child at a school to an AK47 touted by another child, bemoanng the right to own and carry guns of any sort. May I suggest you reflect a little on the people who's only justice is seeing what the courts decided should be done, done.
Marty (Indianapolis IN)
Amazing the consensus here to not allow Bernie Madoff go free. Never ever have seen such unanimity of opinion in the Comments section which to my mind indicates a poorly conceived opinion piece by Ms. Eren
Murry (Colorado)
Sure let him out - with the caveat that he lives in one of those chicken-wire residence hotels and works in a soup kitchen doing dishes 7 days a week 10 hours a day. If he lives more than 18 months - shoot him!
djehutimesesu (New York)
When I see photos of Bernie Madoff, I see a resemblance between him and George Washington. Happy Presidents' Day!
Watah (Oakland, CA)
That is bunch of malarky. If he doesn't deserve life in prison, who really does?
Cooper (Bergen county)
A wealthy, self indulgent white man is hardly part of the “mass incarceration” problem! Look to the other 94% for compassionate release. I’m certain there are others who are much more deserving.
Jose (Palo Alto, CA)
Heck no. There should never be any sympathy, any consideration for such a crime. The fact that the author may be saying this with a straight face is obscene. It is the age of Trump indeed where such a criminal could be considered for leniency. Is this article a joke? Is this a plug for Eren's book? Ugh!
MLH (DE)
No, No, No and NO! There are many we should let out of prison, but this disgusting con man? This is the most important type that we should keep imprisoned!
Chip James (West Palm Beach)
Nah. He should be incarcerated until his life is over.
Sera (The Village)
"The financial equivalent of a serial killer"? That phrase is flying around in my brain but can't find a perch. But it does cast a dark shadow on whatever else the writer considers logic. I'm not without compassion, but this is really a 'white privilege' too far. There are thousands of people doing life for stealing a video tape, or a pair of shoes, (three strikes). Could you actually not find a single of these cases to write about? And, 11 years would not be considered "harsh enough" for the cold blooded killer of 77 people. Anders Breivik's promise that he would do again turns his 21 year sentence into a life sentence, even in Norway.
JT (Madison, WI)
This article has done a great job of convincing me - no early release to any convicted felon who is not found wrongfully convicted because they are innocent or who has not been pardoned.
Osnat (Seattle, WA)
Bernie Madoff can stay incarcerated till his last day for ruining the lives of so many. Today's prisons have extensive geriatric wings that care for many inmates who are going through aging behind bars. He does not deserve any more leniency than the numerous others in his condition or worse. https://cumberlink.com/news/local/closer_look/aging-into-crime-pennsylvania-deals-with-aging-prison-population/article_3284ba88-8066-595c-a922-73b4327338f1.html
Christian V. Child (Holladay ,Utah)
There are 17 billion reasons why releasing Mr. Madoff for any reason is a bad idea. He is a serial killer, starting with the tragic death of his own son.
Jerry Sturdivant (Las Vegas)
What part of deterrent don't you understand?
Mark McIntyre (Los Angeles)
Bernie 'made off' with billion$, ruining lives while arrogantly enjoying a lavish lifestyle with his ill-gotten booty. If you're not willing to do the time, then don't commit the crime.
Norman (Kingston)
Mass incarceration? Oh spare me. American prisons are hardly overflowing with criminal bankers, corrupt politicians, thuggish CEOs, and other white collar criminals like Mr. Madoff. The very idea that releasing Mr. Madoff will help redress America’s mass incarceration is noxious—in fact, his release would only serve to deepen the racialist and class biases that fuel the problem. What a shamefully self-serving article.
MJB (10019)
Wait until he has 90 days to live.
Mac (Philadelphia)
Obviously the writer is not a disinterested party, but this is written in such bad faith. It's incredibly offensive to lump a white collar criminal like Madoff in with the victims of mass incarceration. I'm all for decarceration, but after reading this I'm convinced we need a special jail for opinion columnists...
JB (Nashville, Tennessee)
Madoff is a sociopath no different from any mass murderer currently sitting on death row. One wouldn't give a serial killer early release due to terminal illness, and Madoff is no different. Just because his crimes weren't violent doesn't mean he hasn't ruined countless lives with alarming callousness. He deserves to die in prison for his crimes. Until white collar crime is treated with severity, greedy con men will continue to thrive without fear.
JoJoCity (NYC)
150 years for property crime should never have stood in the first place. He didn’t kill anybody, rape anybody, or steal from the poor. He told greedy rich people he would take care of their money and he lied to them, leaving them less rich and embarrassed at having so blindly trusted him. He has served enough time—let him out but bar him from the industry. Compare his actions to any number of Wall Street “criminals” discovered during the Great Recession—nobody else served a night in jail and he somehow got 150 years. If he had just invested the $$ in CDOs he would have gotten off scot free.
Richard (Washington state)
Poor Bernie. You are plucking at my heart strings. This con man lived above everybody. At least he has a roof over his head. He most likely should be in prison for second degree murder. He knew what he was doing and did not care. This would be another example of the big boys getting off.
Edward J. Knittel (Camp Hill, PA)
Very simply: NO!
Yann Poisson (Rhode Island)
Give me a break his indifference to the people he ruined was pathological. He can die in prison. His time for his crimes.
Jason (Atlanta, GA)
more like him (white collar criminals with huge heists) ought to die in prison. They've ruined more lives than is imaginable, meanwhile we give 10 years to petty shoplifting.
Mary Sweeney (Trumansburg NY)
If there are 200,000 people over the age of 55 incarcerated in the U.S., then why is this article about Madoff? Oh, I forgot: white-collar criminals are a special category, right?
NYCSandi (NYC)
Where will he go? His ex- wife has reverted to her maiden name so her new friends in her less then exalted income class will not recognize her as Madoff’s wife. His sons are dead. His daughter-in-law changed the grandchildren’s last name. He will be a public charge on Medicaid and Public Assistance. So let him stay incarcerated with three meals a day, a roof over his head, cable TV and free medical care.
Charles Shafer (Baltimore)
I don't think his sentence was stay in prison until you get old.
dr. c.c. (planet earth)
Compassion extends to all human beings and animals. Of course he should be released.
brian begley (stanford,ca)
There is tremendous inequality in the justice system. People of color are trapped in a system that generally shows no compassion for them. However, rich, powerful generally white power mongers are not trapped they are cocked and loaded with the system they have been reaping benefits from. We need to set an example and discourage and not incentivize predatory stealing from the populace-lets call that corruption. The common violent criminal doesn’t need to be made an example in the same way. We all know rape and murder and kidnapping is wrong and that there are serious consequences should you commit these crimes. The same can not be said for white collar crimes. Bernie Madoff ruined many people’s lives. He should be made to be imprisoned for a long time. This is satisfying to some, this sets a discouraging example, this feels like justice and - lets face it- he deserves it.
Francine (St Louis)
Upon this release of what use is this con to society that he preyed upon not that many years before? He has not been penned long enough to serve as a deterrent.
Chris (SW PA)
Sure, he's white and rich. So, he can be let out early.
Dawn (Urbana IL)
The issue of whether one filthy rich guy gets out of prison on medical leave has anything to do with mass incarceration and how it should be reformed. Stupid premise in this piece. Bernie Maddoff is not the hill to die for prison reform.
Broz (In Florida)
Only if he is traded for you know who...
KJ (Tennessee)
I thought about this and considered the case of Susan Atkins, a neglected child who became a mentally sick adult and as one of Manson's followers, took part in multiple murders. At the time of her demise after decades in prison she was completely disabled by brain cancer, and posed no threat to society. She was not released. And then I thought about Madoff's victims. Scores of them, including individuals, businesses, charities and houses of worship. Calculated, devastating crimes by a greedy but sane man. He didn't raise a weapon, but he destroyed people's lives. He's where he belongs.
Leigh (Qc)
Darned liberals. When will they stop treating billionaires so unfairly!
Stephanie (NYC)
Just wondering how many people committed suicide as a result of the financial ruin they suffered at the hands of Mr. Madoff...
Demelza (Monroe, NY)
Show him as much compassion as he showed others.
NOTATE REDMOND (TEJAS)
Bernie Madoff should get more time. Dispassionate applies here for an unsentimental criminal.
Ted (NY)
Bernie Madoff’s ponzi scheme was as big as Bloomberg’s reported fortune and he’s buying the elections, so under that logic ...... There’s also a movement to find a way to pardon, posthumously, the Rosenbergs for betraying the US. In memory, the have suffered enough as well? Modoffian brilliance has caused incredible harm to the country. We have yet to recover from the 2008 economic meltdown as the result of so much looting
Ellen (Phoenix)
I am sorry that Bernie is sick. However, if he was not a rich white guy, there would never have been an article about him. To this day there are people who never recovered their retirement money. When everyone gets paid what is owed to them, then Bernie can get out of jail.
rachel (nyc)
Don't do the crime if you can't do the time - Baretta
xigxag (NYC)
Touché for chutzpah, I'll give you that. Rich white men being disproportionately released would make the perfect ironic bookend to poor black men being disproportionately incarcerated.
On a Small Island (British Columbia, Canada)
I should think he might want to remain in prison, where he might be safer.
jazz one (wi)
No, don't let him out. I try to watch my karma, and be charitable. Realize this guy's family was ripped apart, and he may be dying. But we're all dying and he could outlive me. Just sayin'.
Andy (Cincinnati)
Let's start with the guy who got life in prison for stealing $9, then we'll work our way down to people like Madoff, who stole people's life savings and ruined many lives in the process.
DFK (Ohio)
You should listen to interviews of Madoff. Radiolab has a podcast episode called ponzi supernova. It's clear that Madoff was a rich guy who scammed other rich guys, and he is proud of that accomplishment. I don't think he feels any remorse.
Jim (California)
Let Madoff out of jail when it is confirmed by a panel of doctors he has 8 weeks remaining. His current whimpering sounds much like those of the Lockerbee bomber who was dying from prostate cancer, and remains living well in freedom today after his early-compassionate release.
Kathleen (Austin)
Madoff is a terrible human being who destroyed the lives of everyone around him, including his family. His victims are dying in uncomfortable circumstances, why shouldn't he?
Tom Callaghan (Connecticut)
Times plays a little slight of hand. On the front of the digital edition it says "Let Bernie Madoff out of Prison." Inside it adds "and many more".
Karen E (NJ)
I was the victim of a Ponzie scheme that defrauded me out of every penny that I had in savings . Thankfully I had put some money down on my house which I was able to get back , along with the market’s rise in the housing market , when I sold my house , which I was forced to do since I had ZERO to help pay for my sons’ college education. The thief pleaded guilty to the FBI and got out in like three years . I would have loved to have seen him rot in jail for the rest of his life for purposely stealing my last dime. And he was my x husband’s best friend . He’s a sociopath . So I have ZERO sympathy for Madoff . The writer might think differently if his life was ruined by a purposeful con man .
znlgznlg (New York)
What's wrong with retribution?
RMF (Bloomington, Indiana)
Give me a break. Bernie Madoff is not the Poster Child for the problems of mass incarceration in our society. The man caused incalculable misery and grief for a staggering number of innocent people, all for the purpose of living an obscenely opulent lifestyle. Prison is a good place for him to die. Pleading for his release is just a symptom of entitlement for the white and wealthy.
Tim Stockton (Milwaukie OR)
What about those that have died penniless as a result of his theft? He has food, shelter, and medical care which is more than you can say about some of his victims.
Meryl g (Nyc)
Why not ask Madoff’s victims whether they believe Madoff should get compassionate release?
Vance Kojiro (Antartica)
Dr. Colleen Eren would you feel the same if you lost everything from Mr. Madoff? It is easy to judge when your life wasn’t destroyed by him.
Freddy (wa)
A remorseful conman? i don't think so.
RNA (North)
I think he's safer where he is.
Fennario (Buffalo)
The list of prisoners who should be released before Bernie Madoff is very long.
Mm2045 (Idaho)
Um, no. Madoff was a privileged, white man and he destroyed good people's lives and their life's work. There are many people who have committed non-violent drug offences who need help not incarceration. Start with them.
A. Stanton (Dallas, TX)
Trump is a first-class con artist. Desperate, out-of-their-minds Americans bought into him hook, line and sinker. Many millions of them still have no idea of who and what they bought into. Compared to him, Bernie Madoff is a piker who will likely continue rotting in jail until the day of his bitter end comes. Most of his victims eventually received compensation for the losses they suffered. Poor Bernie never really has understood the first rules of con-artistry. Which is when you steal, you need to steal really big, deny everything, blame others and never quit stealing.
Tom Callaghan (Connecticut)
Times plays a little slight of hand. On the front of the digital edition it says "Let Bernie Madoff out of Prison." Inside it adds "and many more".
Mrdcb (Madison Wi)
Some of his victims committed suicide including a son. His wife has divorced and abandoned him. I doubt he has any friends on the outside. Some people should not ever be released from prison including sociopaths such as this man.
Stan Z (New York)
Weird flex but ok.
reader (TX)
IMHO this op-ed is contains an illogical premise, because Bernie Madoff's situation is simply not applicable to the subject of mass incarceration.
Michelle (Los Angeles)
If Susan Atkins can die from a brain tumor while incarcerated, Madoff certainly can as well.
Dr John (Oakland)
The line is miles long of people who should be let out of prison before this manifestation of evil. He did the crime he can do the time. We all die some where and Mr Madoff has earned his spot to die I see no reason to let him die with the idea that he is forgiven If he believes in God then he ask her for mercy
Enough (New England)
Swap him for Roger Stone.
Hal Paris (Boulder, colorado)
No way. This is a coldly malicious man who knew what he was doing. Let him rot in place.....this is not a lack of compassion, this is justice. Rather let go of 10,000 "felon's" still in jail for selling marijuana. White collar crime is as low as you go. A mans son committed because of him, and who knows what other major damage he did and would've kept doing if not caught. If you're gonna do the crime, be prepared to do the time. Let this be a signal to all white collar crime. Their rimes are just as if not more violent.
Miguel (Argentina)
He would be rescuing 18 months after 11 of incarceration, a return of around 14 %, to prove the the Ponzi scheme works still effectively. Must be a joke...
Austin Ouellette (Denver, CO)
The list of priorities in reform of the Justice System, 1 being most important and descending in importance as numerical place increases, goes something like this: 1) De-militarization & de-radicalization of the police 2) Bail reform 3) Public defense reform, providing equal defense to poor and rich, minority or white. ... 1,965,477,902) Free Bernie Madoff
John (California)
No. Let him stay. Mass incarceration has nothing to do with white collar con men.
local (UES)
no. never. he scammed so many for so long that I do not for a minute believe he is "dying" any more than anyone else. we'll see happy photos of him in some faraway place, giving the finger to those he scammed including those who let him out, just like that famous smirk he wore after his arrest.
chad crumm (new orleans)
Take him out for treatments—chemo etc, appt's, etc.—then back in by end of day.
Dave (Binghamton)
Readership would be better served if the author wrote compasionate stories about the victims. Probably sell more books, too.
Linda Jean (Syracuse, NY)
I am simply appalled that the NYT would run such an editorial for a man who ruined people's lives. And, on top of it all, the author wilfully misuses the discussion on mass incarceration. Mr. Madoff is truly someone who deserves his prison sentence and he should rot in jail until his dying day. Dr. Eren's profile claims she is an associate professor of sociology and criminal justice but her article has me seriously doubting she understands the system and where its faults lie.
Susan (Cambridge)
I would say, when the black kid who held up a 7-eleven gets compassionate release, then we can talk about Bernie Madoff. Just because he's white and he was wealthy, I don't see why he should get out after serving <10% of his sentence, but others -who committed lesser crimes - should not.
Bob M (MI)
A simple question: would Dr. Eren feel the same way if she was one of the people wiped out by Madoff?
Kathleen (Massachusetts)
No way on Bernie Madoff. He belongs in jail and is in NO WAY emblematic of problem incarceration. The numbers of poor, black men who've died in prison, been denied healthcare must be in the millions...and we've got a former white male Massachusetts House Speaker getting early release for illness, and now this guy wants it...and so now we need to be humane? Not for these guys, sorry. Deal with the true victims of mass incarceration, not Madoff. Can you tell this ticked me off?
Doug (Vermont)
As others have said, Maddoff is an unfortunate choice for a poster boy stand in for the genuinely oppressed who are unjustly incarcerated. Most importantly, Madoff has refused dialysis for his failing kidneys; and therein is the ultimate con—refusing treatment, to put him in a "terminal" condition—and then buying a kidney on the other side.
vtl (nyc)
if he gets out, however little time he has, he will offend again.
Paul Shindler (NH)
Sorry, he ruined too many lives.
farhorizons (philadelphia)
Are you kidding? Let him out? Would you be asking for this if Bernie had been a street thug that mugged someone and took their last cent? Bernie knew what he was doing and he intentionally cheated people of their life savings, in some cases. He didn't care about the consequences to them. He does not deserve clemency from the system.
raoulhubris (Tallahassee)
Let me go all Florida on you. When the victims have been duly compensated by the Madoff family and when the suicides have been restored to life, then Mr. Madoff and those justice seeking kidneys should be released. Save compassion for the compassionate.
doug mclaren (seattle)
Great idea, but let Bernie get in line behind all those other crooks deserving compassionate release. No reason to let him buy his way to the front while some other folks die in line.
Mickey Stebb (New York)
How about we start with those who had nothing in life and routinely get the short end of the stick with American "justice." Let's one more white collar criminal free in an age of Truimpian crime-sprees only reenforces the sense that the system is utterly rigged for the white and wealthy.
James (St. Paul, MN.)
We have yet to see any punishment whatsoever for the wealthy, white collar criminals who intentionally and illegally caused the breakdown of international financial systems in 2007-2008. Our President is now deceitfully boasting after lying repeatedly to Congress and the American people while obstructing justice in ways that would have put any poor person in jail for life. Meanwhile, people of color continue to be arrested daily for driving while black. This post does nothing to address the point it claims to make----a completely dysfunctional and racist allocation of "justice" for poor Americans of color.
Tim B (FL)
Don't people die in prison every day? There is no reason this guy should go to the front of the line for compassionate release.
B. Honest (Puyallup WA)
Madoff is an old, rich male white man and the people crowding the prisons are anything but old, white and rich. Primarily the people doing time are colored younger males, overwhelmingly put there by white prosecutors, courts and juries. Also, most of those colored people went to jail over crimes dealing with less than $1000 worth of drugs or whatever. Madoff ripped off the equivalent of 17 thousand millionaires, something I think it would take most of those in prison and adding up all of the financials from ALL of them I doubt it comes close to Madoff's number. Since most people never get to see $1M in their lives, let alone 17K of them, I say let old Bernie Madoff rot in his cell since he did that, and worse, to so many. Do NOT give the Ex-rich man a get out of jail free ticket, he does not deserve it. As a writer you should have picked someone that there COULD be real sympathy for, there are a hundred thousand cases like could be commented on, but you picked the very worst case to possibly consider. Madoff needs no mercy and should get less than that, lucky he is not having to do old-school 'Hard Time' until death does overtake him...as some times and places have places such punishments on mens heads. Let him work off $17 Billion in debt at hard labor and minimum wage only. Maybe, just maybe it would deter other rich folks from pulling same game.
Robert (Estero, FL)
So all of his marks who are now struggling to survive in retirement without money should feel sorry for the creep?
JWC (Hudson River Valley)
"Let Bernie Madoff out of prison" No. Just no. Okay, over my dead body no.
Colonel Belvedere (San Francisco)
Fine. Let him go. But if he’s still with us in 18 months he goes back to his cell.
MPS (Philadelphia)
Too often, while color crime like Madoff's scheme is either ignored or lightly punished. Only when we get serious about punishing these individuals to the fullest extent of the law, will there be a message sent to those white color criminals who think they "can get away with it." Madoff's crime is all the more horrible because of the way he lived his life, flaunting wealth that he knew was ill gotten, as if he were above the rest of us. He should die in prison, which was the intention of the sentencing judge. If he has renal failure, then its' management will be easier in prison than on the outside and less costly for the taxpayer. Madoff has cost us all enough. Let him die behind bars. He can always choose to forgo dialysis and have a quicker and painless death, which is yet another way to save money for the taxpayers and repent for his crimes.
alec (miami)
Don’t do the crime, if you can’t do the time ...
Misplaced Modifier (Former United States of America)
Absolutely NO. Nope. Where was his compassion? The man deserves to die in prison.
Norville T. Johnston (New York)
I think editorials should be moderated more than the comments. This should not have made it passed a review. This notion, logic and reasoning coupled with a fact that the author is schilling a book about this horrific fraudster is beyond the pale.
TSW (California)
I agree that we must end mass incarceration. I'm not sure it should start with a rich white man who bilked thousands of families of their money AND had more than adequate and expensive defense counsel to support him
dga (rocky coast)
What? This author should read a book called "Boundaries." It was a bestseller in the early '90s.
Bob Tonnor (Australia)
For me you stained your whole argument when citing that Anders Breivik 'only' got 21 years, that was and remains the harshest sentence available in Norway, when his sentence runs out he will be tried and sentenced to another 21 years and so on until he dies, which in my opinion cannot come soon enough.
Pen Vs. Sword (Los Angeles)
I've never had any doubt that Bernie Madoff should spend the rest of his days in prison. This opinion piece by Colleen Eren just reaffirms that Bernie is exactly where he belongs and should remain. Thank you NYT.
HPS (NewYork)
Bernie Madoff should end his days in jail. Bernie Ebbers was released a month before he died. Why should Madoff deserve any different treatment
AT (Idaho)
Sure, release him. As soon as he’s paid back all those people he ruined financially. When did justice become let’s take care of the poor criminals first?
Bartolo (Central Virginia)
Only if he pays people back.
Ak (Bklyn)
This man ruined so many lives. Where was his compassion? Also, he is likely lying. Let him out and he’ll live for years on some hidden millions. He’s a devil, leave him where he belongs.
terry (ohiostan)
I don't believe that Maddof deserves any special treatment. He should be treated as any other felon in his situation, no less deserving of punishment than any other dying inmate.
Me (Here)
He took money from rich, white, park avenue people. Inexcusable. If instead he had deprived millions of African Americans of healthcare, education, and welfare he would be a GOP hero in Trump’s cabinet.
CS (Florida)
Do not let Bernie Madoff out of prison. Madoff ruined many lives and deserves to pay until the end of his life.
Marjorie Donnelly (Philadelphia, PA)
By all means. Let's start the new era of compassion with Bernie Madoff
Syed Abdulhaq (New York)
There would be much more reason to release Guantanamo Bay prisoners, who have been ruthlessly tortured so far than this scheming fraud who affected thousands o American f poor and rich alike. He destroyed many lives and the author recommends that for his high crimes he be punished for only 11 years out of a sentence of 150 years. That would be a travesty of justice.
BeTheChange (FL)
Madoff (New York mover-shaker) to go free after shortened sentence? hmm no wonder the President and Giuliani show scant respect for the rule of law
PG (Woodstock, NY)
How about Bernie Madoff gets compassionate release in exchange for thousands upon thousands of low-level drug offenders, mostly black and brown, getting compassionate release on the same day?
kathryn (boston)
The people who lost money got most of it back. They deserve some responsibility for falling for unbelievable, consistent returns. While Bernie should get out, there are many in line before him that should get out. Famous white criminals shouldn't get attention just because someone advocated for him in the newspaper.
Carmel McFayden (Los Angeles)
What he did was more damaging to a far wider swath of public than what this opinion piece would make you believe. He deserves to die in prison, just like countless black and brown prisoners whose only crime was stealing a pizza 25 years ago!
Paulie (Earth)
Madoff is probably living a higher quality life in prison than some of his victims that are “free”
SCZ (Indpls)
Bernie hasn't served enough time.
RAZ (Earth)
Has the author or related entities received any funds from any interested parties in Har in Madoff released?
MT (Orinda)
Maybe Trump will drum up a pardon. It fits his profile for his “pals”.
Randolph Bernsyeld IV (New York City)
Good Lord, I thought this was a headline from The Onion. I’m pretty sure poor inmates serving absurd sentences for insignificant crimes would fully expect Madoff to get compassionate release...that’s the way the system works for them.
Jaime Ocampo (San Francisco)
It’s incredible! White privilege at its best.
Ralph (SF)
Ms. Eren, could you please tell me why you picked this man, who must still have a lot of money tucked away, to campaign for instead of the thousands of unjustly imprisoned people or the hundreds, maybe thousands, of other inmates who are dying in prison. What makes so Madoff so deserving for you above all the others who could so easily be lobbied for? What makes Madoff so special?
Kathryn (NY, NY)
He destroyed lives; some of his victims he might as well have murdered. He swindled Eli Wiesel and his foundation, which indicates to me that Madoff had absolutely zero empathy or compassion. What a hideous human he is. I understand the thrust of this article, but where Madoff is concerned, I think 150 years is about right.
RM (Vermont)
His wife disowned him, his sons are dead, one by his own hand, likely due to the scandal. The other son died from cancer. The stress of the situation Bernie put him in likely lowered his immunity system defenses. He was sentenced to 150 years, a de facto life sentence. Life sentence means you die in prison.. Of some fatal illness or condition. The only excuse for setting him free is to relieve the government of the cost of his end of life medical care This man ruined many lives of those who trusted him. A supreme betrayal as most of his victims were fellow Jews. I say, put it to a vote of his victims. I suspect they will say, leave him in prison where he belongs.
Smith (NY)
Unbelievable that we prevent a father from attending his child's funeral. How come a society as a whole act with such barbaric vindictiveness in a democracy!
Susan (Toronto Ontario)
Who pays for Madoff's medical expenses if he is allowed compassionate release?
M Murray (New YORK)
I guess the author’s trial balloon was popped by the readers here. In fact popped is an understatement...it was torched and stomped on. In fact, there are no embers left.
Lester Jackson (Seattle)
In this case, I'm not feeling the Bern.
exo (far away)
and this guy is a small time crook compared to Trump that lives in the white house... go figure.
rg (lake champlain)
There are Thousands in line ahead of Maddoff... aside from that you dont seem to understand all the issues around mass incarceration. It is used against minorities and the poor while people like Maddoff usually get off free altogether. No, he does not qualify and if he did there are a lifetime of people in line ahead of him...
Dominick Eustace (London)
One law for the wealthy---
Terry (California)
No. Nope. Should not happen.
Brian (Phoenix, AZ)
Cry me a river for the wealthy in the criminal justice system. Keep him locked up.
bess (Minneapolis)
Depressing to read these vindictive comments. He caused tremendous suffering, and he suffered tremendously. (The mere fact that one of his sons committed suicide is more suffering than I could wish on anyone.) No further amount of suffering on his part will do anything to help his victims. Let an old man die in peace.
A. Schnart (Northern Virginia)
The use of the concept of mass incarceration to justify compassionate release for Madoff is absurd. The only thing “mass” in this case was the size of the fraud scheme and the number of people and entities he defrauded. He has devastated innumerable people by his greed and manipulation. The story goes that a judge sentenced a 70ish con man to 25 years In prison, and the convict complained, “Judge, I may not live long enough to complete such a long sentence.” The judge’s reply, “Do your best.” Madoff should “do his best!”
WH (Yonkers)
Justice is the substitute of law for revenge killing. That idea does not get the rich, or very corrupt criminal off the hook of pain. in existence. Prison is a form of poverty he deserves. Let him live in poverty the rest of his life. He should be pennliness. We are now a country of your money or your life. Guess what Madoff. it your turn to be without.
trk (plano,tx)
he can stay. he apparently had no problems harming others. the time served is far too short.
Spacetime (Earth)
No compassion please! Madoff had no compassion during his long swindle binge. To even consider releasing Madoff is absurd. Has someone been paid off to begin a process of assisting an awful person who has gotten what he deserved? Follow the cash.
KJ (Tennessee)
A friend of mine died of cancer shortly after he and his family lost most of their life savings to Madoff, so I'm not inclined to feel any sympathy for the guy. However, if his wife, who is either brick-stupid or was lying when she said she didn't know Bernie was cooking the books for all those years wants to trade places with him, let it be done.
Sam Burns (Dallas, TX)
Life in prison means you die in prison. He knew the risks. He lived a life few live. Now he lives a life no one wants. There's balance in that.
Dwight Oxley (Wichita Kansas)
Madoff is an intelligent man. He made his choice, not in a moment of emotion or rage, but consistently over decades. Early release would be an injustice toward the many poor blacks and Latinos who are left to rot. Keep Madoff in prison.
Liz Fulton (Switzerland)
His release would be a complete travesty of justice! He destroyed me and my family's live in so many ways I can' count them. Apparently he enjoys life in prison because so many thieves and fraudsters admire him. Let him stay there.
polymath (British Columbia)
Maybe one year in prison for each $100 million stolen would be compassionate.
Ben (NJ)
I must say that the sub-title of Dr. Eren's book, her choice of "...The Public Trial of Capitalism", says a lot about her point of view. Madoff's problem is not that he was a capitalist, but that he was a liar, cheater, and cold-blooded thief. He's not on my list of people to worry about for compassionate release.
Steve B (East Coast)
Let me take your life savings, and see if your wounds heal. This crime absolutely destroys people.
Joanne (Westport)
He destroyed many lives. Release those people who were incarcerated because of minor crimes, stealing a loaf of bread, not paying fines, people who received outrageous sentences because they were poor and did not have proper help. If someone who stole billions is let go and others who stole hundreds rot in jail......
Steve (NYC)
Mass incarceration is the only solution to mass crime. The problem is crime, not incearation.
Joe (Babylon)
Drunk Drivers who murder innocent people get less time. He stole money from investors who should have known it was too good to be true.
My Boss' Plants (San Francisco, CA)
"Compassionate release has to apply to unsympathetic prisoners if we mean what we say about ending mass incarceration." l want this writer to write the same kind of article on black and brown people who are spending years and years in prison for smoking weed. We need to show compassion for our own citizens rather than rich scammers who stopping our civilization as a society.
Margaret Ryan (NY)
bernie got off lightly his wife still got to keep a lot of money so she wouldn't have to live in hardship... he is a self serving selfish man, hard luck on him... did he for one moment think of all the others he wiped out? how their final days are? at least in prison i presume he is getting free medical, more than most of his clients.
Libby (Rural PA)
Just wondering, if Bernie were released, where would he live? I am sure his few relatives don’t want him around. His children are dead. Would he rent an apt.? Maybe a penthouse suite? Where will that money come from? Who would rent to him? He must have a plan for all this or he wouldn’t be asking for early release.
Peter (Boston)
“In Norway, where Anders Breivik was sentenced to 21 years in prison for a horrific mass murder, 11 years would be considered harsh enough” Brevik hunted and killed 77 people, many of the them teenagers and young adults. It’s hard to believe that Norwegians feel the way you describe them.
Rex Nemorensis (Los Angeles)
It is disingenuous to suggest that the Norwegian government has the slightest intention of releasing Anders Breivik after 21 years are up. He will simply be detained under some sort of "preventive safety" ruling for many years beyond that, and possibly for the remainder of his natural life.
Eddie D (Nashville)
As I watch a recently debilitated Harvey Weinstein go into court on his walker my immediate rection is "No".
Jp (Michigan)
" In Norway, where Anders Breivik was sentenced to 21 years in prison for a horrific mass murder, 11 years would be considered harsh enough. Our American punitiveness has distorted our sense ..." There might be some distortion on both sides of the Atlantic/Norwegian Sea.
D. Renner (Oregon)
Why are you using a privileged white male as the example for leniency? Sure we need reform especially for the under privileged all too often minorities, they deserve our compassion. Crimes like Madoffs deserve hard punishments, while petty drug crimes should see reform.
Robert (Out west)
There’s only one reason to want to release this guy: so taxpayers don’t get stuck with the tab for his end-of-life care. Other than that, this is a very weird article, that twists reasonings and blows off facts to make a case for releasing a guy who’s done enormous harm—often, to precisely the sort of elderly people that we’re told Bernie Madoff deserves compassion for being. I particularly loathed the notion that our treatment of poor black, Hispanic and Asian prisoners ought to excuse him. Oh, and by the way....ethical behavior involves acceptance of consequences.
Will Cockrell (Kingston, Ontario)
One man who destroyed billions in wealth by scamming fellow citizens is hardly the first person in line in the fight against mass incarceration. Nonviolent black offenders, anyone want to write an op-ed about that?
Bernie (YONKERS)
The absolute minimum sentence should be, what the heck: one year per $Billion. So he has a few more years to go...
A. Haiss (Maine)
Madoff does not need compassion other than a cardboard box.
Ken (Oklahoma)
Prisons have medical facilities the are capable of taking Madoff without pushing him onto public welfare. We need to assume that Madoff is broke, and we need to take a hard look at him if he could afford expensive care on the "outside". Keep him in the prison health care system until it's time to move him into prison hospice care. He deserves no special compassion after all of the decent people who's lives he destroyed.
Jack (Rapid City S.D.)
I'm no doctor, but with Bernie Madoff wealth, is there a reason he couldn't get a kidney transplant. And live for many more years.
Dan K (Louisville, CO)
Some of his victims have killed themselves. How many others suffered just as much? Let's ask their opinions.
Richard Gale (Texas)
Just as soon as he repays all the money he stole I'm down with letting him out of prison. Until then not so much.
MP (NC)
Madoff deserves no special treatment and quite possibly no compassion.
Linda (Chicago,IL)
He is a wealthy man. Of course let him out, it’s the American way.
Nina (St. Helena’s Island SC)
Really? With all the havoc these financial predators have you have empathy for Mr. Madoff. O how these rich white folk suffer so. Had Mr. Madoff cared about his family, he would have never considered making them unwitting accomplices in a heartless scheme to live the good life. To advocate for a man whose financial shenanigans led to the destruction of so many lives is hard for me to understand. For every man woman of color wasting away in private brutal prisons for crimes they never committed or crimes for a white gets a slap on the hand, I request that you advocate for them first. To let Madoff die in a gilded penthouse somewhere abroad ,where you can bet he has some stash, is ludicrous. At least he'll get some health care in prison, not like some folks he scammed that cannot afford theirs. Accountability is compassionate, too. Responsibility is compassionate, too.
Rita (Midwest)
If the writer were closer to retirement and didn't have as much of a chance to recoup money lost to Madoff's ponzi scheme, she may feel differently about this issue.
Scott (Pdx)
Is he on dialysis? What if he were to secure a kidney for transplant upon release from prison?
Neocynic (New York, NY)
In mitigation, remember $13.3 billion—about 70 percent of approved claims—has been recovered. Many many people profited and those who lost were initially motivated by pure greed. Really, money is just a number on a page. Its a crying shame he didn't contribute to the Clinton Foundation soon enough with enough., as he may have found himself sitting on a beach today with a Marc Rich.
Joshua (California)
Let's release all the sympathetic prisoners who can't afford lawyers before we even talk about releasing unsympathetic prisoners like Madoff.
A (NYC)
He’s a sociopathic and professional manipulator. Don’t be naive. This is not akin to mass incarceration. Getting soft on this type of criminal won’t serve our society well.
tiredofwaiting (Seattle)
How many of his victims have died without their life savings to cushion the medical bills that may have lessened the burden of suffering on their last years for themselves and their families? He should be treated in prison where he belongs. He should die alone and suffer like he’s made all his victims suffer. He’s a felon and was convicted no mercy!
Mr. Prop Silk (Wash DC)
In This case RETRIBUTION is appropriate. I'm sorry.
Joe Miksis (San Francisco)
Many people lost their life savings and their social standing because of Mr. Maddow's Ponzi scheme. Bernie is pure evil. There is no way that this wretched man, who brought such misery and destruction to so many people, so that he could live the high life, should have his sentence commuted. His victims didn't receive their lives back. Why should Mr. Maddow? Let him die in prison. It is what he deserves.
David (Kirkland)
There's no mass incarceration of rich white men who stole billions from others. Sympathy doesn't equate to appeasement, to suggest that bad people need special attention to kindness.
Tom Callaghan (Connecticut)
A question for Ms. Eren: Were you compensated, in any way, by Mr. Madoff and/or by people acting on his behalf for writing this column?
J Johnson (SE PA)
Sorry, but who is Prof. Eren trying to kid here? Obviously many others would deserve compassionate release before Mr. Madoff, whose claims deserve no one’s trust. As many commenters have already said, this man is a poster-boy for the excesses of white-collar and privileged white criminality. But no doubt he’ll get a pardon from Trump, to set another bad example for the rest of his cronies.
Chris Martin (Alameds)
World's saddest song, world's tiniest violin. There are huge numbers of poor people still in jail form the war on drugs. When we are done with them we can get to Madoff.
janet (canada)
Absolutely not. This sub-human imprisoned many in endless poverty and debt. Life in prison does apply - for some. It applies in this case. He had no sympathy for anyone he victimized. We have no sympathy for him.
Paul G (Portland OR)
Yes, let him out. Then give him a mandatory job cleaning places nobody else wants to clean. Pay him standard sub-minimum wages. Feed him the same baloney and yellow mustard on white sandwiches fed to jail inhabitants with some orange-colored, sugary drink. If he doesn't work, he doesn't get paid. His tiny cold-water flat would be heated by feeding quarters in a wall-mounted heated. The toilet would require a key obtained at the front desk. Yes, I see him free to experience all that he has wrought, while contemplating the meaning of life. Definitely not free to start over.
Karen H (New Orleans)
When Madoff's victims get out of the prison of poverty and injustice, I'll support letting Madoff out of prison as well.
k richards (kent ct.)
Compassion for a guy who lived a luxurious life off other peoples' money? I think not.
Martti (Minneapolis)
He stole a billion dollars, no.
Yuck. (Plano Texas)
Yuck. I am going to throw. up. A lot of people should receive compassion. And they get the hard nose. But let one of the “nice” people get caught and the hearts of people like him start to bleed.
Edgar (NM)
No. The rich should not get a get out of jail card. He can wait his turn.
Don Juan (Washington)
A regular criminal would die in prison. Just because Madoff was rich (having stolen from others) should not give him special treatment. Let him perish in prison. This is where he belongs and this is where he must stay.
Kan (Upstate)
No! The grief Madoff selfishly and heartlesslyheaped on his victims is unforgivable.
Thereaa (Boston)
The small time criminals who are in jail for the modern version of stealing crusts of bread should be released first. Madiff shouldn’t wven be considered.
OY (NYC)
We need to have the moral strength to look at an unjust system and say "justice needs to begin, justice needs to be universal, justice does NOT need to begin with this person." The same as a KKK member who applies to get the ACLU to defend his hate crimes for free and gets a "no," we are not obligated to waste our resources, waste our compassion, waste our lives supporting the known worst of the worst. It doesn't make you a hypocrite to allocate your resources and fight battles for people who deserve that you fight for them. If Mr. Madoff is released first, when the other 95% of requests for compassionate release are ignored, that would be another injustice for him to be a beneficiary of selective justice. He can be the last one out the door, let me know when that time comes.
Dean Black (Virginia)
How many lives did this guy destroy? How many lives had their trajectories forever altered for the worse? He led directly to 3 suicides. If you want to alleviate mass incarceration, try releasing any or all of those in jail for non-violent drug offenses first. Then, and ONLY then do you take a look at the likes of this guy... and still decide to let him rot.
salvador (Orange County)
Absolutely not. He should do his time and if it happens, end his days in prison.
Mike (NJ)
The penological objective of deterrence is best accomplished by zero sympathy and by widely publicizing the same. If you do this, you will spend the rest of your life in prison, period.
dreamer94 (Chester, NJ)
Oh, please! Wall-street vampires are not a significant part of mass incarceration. We'd all be better off if more of them were locked up. Madoff ruined many lives. He deserves no compassion.
Anonymous (NJ)
The only way Madoff should be let out is in a pine box.
vermontague (Northeast Kingdom, Vermont)
And the money? Has every asset of Madoff's been sold and the proceeds distributed to those whom he robbed? If he's broke--bankrupt--fine. Let him out. Otherwise. let the prison system take care of him for the rest of his miserable life. He had no mercy on others.
Phillip Hunt (NH)
He ruined many lives with no prospect for compensation to those harmed. He does not deserve a chance to put his life back together.
John (Halifax)
If he gives back the money he can go home.
Deborah Camp (Dallas)
No no no There are people who die in prison hospice everyday who are there because of mass incarceration it is awful. Madoff does not deserve anything
Jim Brown (Santa Cruz, CA)
Madoff ruined thousands of lives. He deserves his punishment.
Tom Callaghan (Connecticut)
A question for Ms. Eren: Were you compensated, in any way, by Mr. Madoff and/or by people acting on his behalf for writing this column?
Bob (USA)
I would guess that some of Madoff’s victims—robbed of their dreams and their wealth—live, died or will die in less than ideal circumstances. Of course, I have no way of knowing this. I’m just speculating. I don’t have any facts supporting my claims. Still, the possibility exists that Madoff caused a lot of suffering.
BklynANTS (NYC)
Uhm mass incarceration is a problem with white-collar crimes? Since when? Mass incarceration is a problem with poor, often black and brown people. Not privileged, usually white. Those groups is probably under incarcerated. What is next? Wall Street Lives Matter?
True (Unbeliever)
Wow that’s a pretty smart tactic And small investment for a parole application.
michael (oregon)
Why would anyone believe anything that Madoff or his attorney's say?
Richard Arluck (Florida)
The way to reduce incarceration is to have a populace that commits fewer crimes. I would not believe Madoff is terminally ill until he dies. He has not told enough truths in his lifetime to warrant belief in anything he utters. Please let’s not fall for another of his cons.
ZAW (Pete Olson's District(Sigh))
Nobody batted an eye when we jailed a big part of a generation of black and brown men. But now that a rich white guy is facing serious time, people are suddenly talking about reducing prison sentences. . This is the subtle racism of the left, and it drives me nuts.
Susan Anderson (Boston)
Dr. Eren has condemned herself in her "compassion" for her wealthy "victim". If he is a representative of capitalism, then capitalism is at fault. He's the poster boy for ruining vast numbers of people because he could. Save your compassion for real victims. This one is just playing the system, and, apparently, Dr. Eren. By all means, let's stop the School to Prison Pipeline, the shooting of unarmed victims, the wholesale injustice of poor victims, the assumption that black people are guilty and need to be locked up, the criminalization of poverty. Madoff got away with his crimes for far too long. It's time he faces life without parole. Many other financial criminals have gone free. This is not an advertisement for "capitalism". Capitalism - and especially Madoff - is not the victim here.
Stephen (Napa, California)
Please don’t forget the people who committed suicide because of this monster. It wasn’t just rich people’s money he stole, he stole lives as well. I vote no to letting him out. He deserves to stay in jail until he dies.
Viv (.)
Is there any evidence that Maddoff is contrite and has changed his behavior in prison? The only known direct interview with him was done for the podcast "Ponzi Supernova" on Audible in 2017. In that interview, he is proud of monopolizing the market for hot chocolate and selling it to other prisoners at a huge markup. So once again he is exploiting those less fortunate than him, even in prison. https://www.marketwatch.com/story/new-series-casts-bernie-madoff-not-only-as-a-crook-but-a-product-of-a-corrupt-system-2017-01-12. Sorry, but being terminally ill shouldn't just automatically be a carte blanche for leniency.
Cfiverson (Cincinnati)
Bernie Madoff can have "compassionate release" when all the more deserving prisoners are out of prison.
Shef (Hull, MA)
NO. Calling Madoff unsympathetic is absurd. With no motive other than power hungry greed and with a thorough and hateful disregard for other people, he relished destroying lives. He knew better and he did the worst. Judge each case on its merits. Let him die in prison.......this monstrous ego should suffer the consequences of his actions. we. shouldn't have to see his picture or hear his name ever again.
Lydia (Virginia)
Sure "compassionate release" means compassion, but... Of all the people to worry about, why bother with this one?
Princess and the Pea (Arlington, Virginia)
I think Bernie should be allowed out of prison. Some enterprising bilked person will greet Bernie somewhere with piano wire.
Reader (Brooklyn)
Is this a joke? This monster stole from many many people. Apparently you aren't one of them or are too rich to care. White collar criminals are not the people who should be receiving even lighter slaps on the wrist.
Mark (Iowa)
He stole money. He did not murder anyone. If he is allowed to live the rest of his life outside prison, who cares? Its not like anyone is going to him for financial help?
BTO (Somerset, MA)
So how many lives did Bernie destroy and Eren wants us to care about one that knew full well what he was doing and how he would ruin other people. Let Madoff stay where he belongs.
Citizen60 (San Carlos, CA)
Only about 50,000 prisoners behind bars worthy of a compassionate release (variety of reasons) ahead of Bernie Madoff. Get in line, Bernie.
A M (New York)
There a truly deserving inmates that should qualify for compassionate release. Bernie Madoff is not one of them.
Drew (Maryland)
That is distortion of criminal justice reform and an insult to use that as an excuse to release him. He should die alone in prison.
Artemis Rose (Corvallis, OR)
Out of respect to all of Madoff's victims, keep this awful scoundrel in prison as sentenced! I have absolutely no sympathy for Bernie Madoff! He is in prison because he decided to make decisions that only served himself financially. Madoff lied, cheated and deceived his clients for decades before got caught! Madoff's narcississtic greed ruined the lives of many, many innocent people who once trusted him. Madoff has no right to leave prison just because he has a kidney disease. Prisons are full of prisoners with kidney diseases, cancer, etc.
steve holt (palm springs)
If Bernie was poor and not white would we be having this discussion? He can die in prison as well as anywhere else. Did he have compassion for all the people he harmed?
Douglas Weil (Chevy Chase, MD & Nyon, Switzerland)
“In Norway, where Anders Breivik was sentenced to 21 years in prison for a horrific mass murder, 11 years would be considered harsh enough.” ———— Whether Madoff should be granted compassionate release is worth asking but I am baffled why the question should be guided by why the Norwegians think. Maybe Norway should look to the US a d ask if 21 years is a “harsh enough” sentence if the crime is a “horrific mass murder.” Punishment should serve as a deterrent. Maybe knowing that funerals for children will be missed and dying in prison is a near certainty will dissuade others from defrauding a large numbers of people and charities. Maybe the deterrent is the lack of a compassionate release. Re: mass incarceration. Is this really an issue tied to an early release? If Madoff was healthy, his case would not be part if the discussion. Isn’t the question around mass incarceration better discussed around who should be imprisoned in the first place. Again, that doesn’t seem to relate to Madoff.
Mark (California)
I could very easily see him starting dialysis if they let him out and going on for several more years. Just like Weinstein hobbling around with a walker- right
Dug (California)
Dear Dr. Eren: Instead of writing an opinion piece to the NYT about "poor" Bernie, perhaps your plea would have found a more receptive audience in requesting a pardon from President Trump and Kim Kardashian. Having worked for the defense in the criminal justice system for over four decades all I can say is, shame on you.
Annaka (Seattle)
Good idea. Reform should start now. Aged and dying criminals are a great start as recidivism declines logarithmically in those groups. Start with people of color. Start with masses of men and women who don’t have advocates who look like them. Start with them. Then let’s talk about Bernie. I’m outraged he’s your poster boy.
Robert (Atlanta)
Am I alone in feeling that the harsh tone against Madoff might not be there if his name had been Leroy Johnson from Kansas?
Tom osterman (Cincinnati zOhio)
Honesty! An almost forgotten word and more specifically a forgotten quality.  I was at a gathering over the weekend where they served something special, a cherry/raisin glazed donut - the maker called a cherry thing-a-ling.   It's a bakery that only makes them on the week-end of the Presidents' holiday in honor of George Washington.  It was a mixed crowd meaning both Republican and Democrats attending.   I thought of George Washington's famous response to the question of Who cut down the Cherry tree?  "I cannot tell a lie' And so I offered up this comment after eating two of the donuts:  See Mr. President (the current one) the good that comes (the cherry glazed donut) to those who tell the truth and never lie.  The reaction of the group was complete silence.....except for a few giggles in the corner. The reaction didn't surprise me at all,.  This could  also have applied to Bernie Madoff.
Jeff (OR)
No. Don’t do terrible awful things to others and you won’t have to go there in the first place.
dhkinil (North Suburban Chicago)
No, he should not get out, he was not in a super max and that is what he deserved. He did as much damage to thousands of people as the host violent offenders among us.
David Summerlin (North Carolina)
Well, no. He caused too much misery to be allowed to live his remaining days in relative comfort.
Kevin (NY)
It’s a fine point, but of all the people? This is just a clickbait piece to designed to sell more copies of her book.
JimMcD (San Anselmo CA)
No way. Enough pleading for white male privilege. There are tens of thousands of African American males who should be released from prison before Bernie Madoff's case would even be considered. Think of all the people's lives Mr. Madoff ruined, in many cases forever. He should serve his sentence and die in prison.
GregP (27405)
Not sure why anyone thinks he is entitled to 'compassionate release'. When he is dead or has served his sentence he should be released. Until then, no chance.
Father of One (Oakland)
Bernie Maddoff is not an appropriate test case for this argument. The author should stick to lower level drug offenders and petty white collar criminals, not the most pathological and insensitive of perpetrators, from whom the public deserves the right to be protected.
Nonbeliever (CA)
This guy stole $17 Billion and wants “compassionate release?” He is entitled to compassionate medical and spiritual care during his death — in prison. Nothing more.
Barry b (NYC)
Bernie Madoff has paid for the crimes of all those who were never incarcerated for crimes much worse than his crimes. He didn't bring down the banks, or create the greatest recession since 1929. His crime involved a select group of rich and foolish clients, many of whom have been repaid a good amount of what was lost in his ponzi scheme. He has spent more prison time than all the other perps together. Give him a break. His worse crime was guilt and remorse and pleading guilty without a deal. Free Bernie. Barry
ladps89 (Morristown, N.J.)
To gain enough sympathy for an early release from prison for stealing $17 Billion, Bernie should borrow Weinstein's walker for a photo op.
Harry Buckle and Focks Schnauzer (Dublin)
Evil scheming thief who never cared about his victims...let him serve his sentance...
George Marley (Chico CA)
I agree there are many people incarcerated who should be released, however Bernie is not one of them. When we look at the type of individual who pays for his crimes, rich captains of industry and finance, rarely show up. They game the system and cheat with impunity, sometimes helping craft laws that protect them. The sad fact is we don't punish enough of these type of criminals. They walk the halls of congress buying influence and corrupting what's left of our democracy. After the financial crisis ,in 2009, few criminals paid the price, it was the poor working stiff who got robbed again. No Bernie is right where he belongs and there are hundreds more out there just like him who should be his cellmate.
Sharon Salzberg (Charlottesville, Va.)
Let the numerous victims of Madoff’s Ponzi scheme be the ones to weigh in on this issue. Do they feel that Madoff suffered enough after destroying their lives financially? I, for one wouldn’t waste my brain power thinking about Bernie Madoff.
Reality (WA)
Since as yet,Capitalism, the real Ponzi scheme, is still at large, Mr Madoff, one of its prime practitioners, will have to do.
MrsWhit (MN)
Eliminate the death penalty by all means; expunge the records and open the doors to non-violent drug offenders. Let Bernie Madoff out? Absolutely not. He had no reason to commit his crimes other than pride and greed. I want to see more, not fewer financial criminals in prison for longer. And Anders Brevik will never get out-they’ll hold him for mental illness. His sentence could not be a less germane comparison.
Larryman LA (Los Angeles, CA)
Madoff conducted his fraud for at least 20 years. He should serve no less time than that, unless the Good Lord Himself releases him from his earthly bonds sooner.
JW (Minnesota)
You have to remember, he stole from wealthy people. If he had ripped off poor people, he would have never gone to jail.
Zejee (Bronx)
Let him out. “The quality of mercy is twice blest”. Let out all the sick and old prisoners. Let out those in jail for selling marijuana.
John (Tennessee)
Madoff is unlike many prisoners - he deserves no compassion. His story is a poor example, and clouds the argument for the real need for compassion in sentencing and rehabilitation. Shame on the author for muddying the waters.
Marshall (Pontiac)
The arc of morality is long, but it always ends in justice. Madoff's arc ends in his prison cell. No sin goes unpunished.
Amy (Ann Arbor, MI)
He has not been punished enough. He needs to leave prison in a coffin. The extra money will be worth it in the long run as a deterrence to others like him.
jps (idaho)
"American punitiveness"? Only a liberal can twist themselves into knots trying to be empathetic to a convicted felon. We have laws enacted by thoughtful legislators, serious judges, well drafted sentencing guidelines and parole procedure. Let the system do its work, without kibitzing each case. It's just hypocritical to point out that most imprisoned felons really are awful people and then argue that we need to be more "compassionate". Madoff should serve out his time and not be granted any slack because his 2 sons died----after all the one who committed suicide did it because of his crimes. By the way, using the Norwegian Anders Breivik as an example of how badly we compare in punishing the worst of the worst isn't very well thought out.
Sean (Ft Lee. N.J.)
Madoff duped “let the buyer beware “ greedy investors seeking immense returns minus dignified labor. Harsh prison sentence considering no blood spilling.
V (Brooklyn)
Ms. Eren's opinion is so wildly out of step with where most Americans are on the issue that it's difficult to believe she lives in this country, if not on this planet. Compassionate release?! How about compassionate conviction? That is, let's stop convicting millions of, mostly minority, offenders for minor, victimless crimes and leave criminals like Madoff where they belong: behind bars for ruining people lives.
Paul Lebedoff (Ohio)
I've had clients brake into empty houses and steel various personal property typically worth a couple hundred dollars, maybe a bit more spend more time in prison. Just because you can relate to him doesn't make him sympathetic and worthy of special treatment. He's a crook that robbed and stole millions dollars from people. If you can't do the time don't do the crime. He already got a brake in that he's doing soft time in a summer camp setting and not in a real federal prison where he'd really be traumatized. How is it justice to society to "set Bernie feee?"
Apple Shareholder (New York, NY)
I'm sure there are cases worth considering, but Madoff? Crimes like his deserve the harshest punishment allowed under the law, he should feel blessed that he has a bed, meals and a roof over his head. And, he should never taste freedom again.
richard (pennsylvania)
The author is seriously confused. The crime may well be of sufficient magnitude as to warrant no release no matter how sick a prisoner is. Madoff is not a victim of "mass incarceration." He is merely a victim of his intentional and outrageous behavior.
BKNY (NYC)
Madoff was a career criminal. He was stealing millions, defrauding clients and the SEC since the 1970's. His crime wan't a one time house burglary or a liquor store robbery. He lived the life of a highly respected financier with wealth to match. Madoff destroyed the lives of thousands of individuals and wiped out charities. And his sentence reflected the severity of his crimes. Madoff is not Jean Valjean, he belongs in prison.
JAF (VT)
Are there different definitions of justice and punishment for the crimes of the wealthy and crimes of those who live in poverty?
Scottapottomus (Right Here On The Left)
It’s as if this column were written merely to get a predictable reaction. Bernie Madoff is the least worthy candidate for early release. A rich, white, male, sociopathic billionaire. Under this rationale, Trump should get early release, too, after he’s imprisoned. After all, he won’t have long to live once he’s sent to the slammer and he’s not a healthy man. I don’t think so.
cud (New York, NY)
This is just like the free-marketer argument that we just need to make a level playing field today, and everything will be fine. Never mind that 1% has better than 50% of the wealth... everybody should be taxed the same, no education grants, and let those who can afford it pay for their health care. Level playing field, now. Same thing here... If you want to end mass incarceration, you have to release Madoff, otherwise you're a hypocrite... Or something like that. If the prisons were overflowing with schyster Wall Street villains, there might be a point. But no... The prisons are overflowing with a very different class of people. Compassion should take into account the circumstances that led you to commit your crimes. Desperation, crushing poverty, miserable disadvantage... These should all be considered. But if you are born with every advantage, reap the benefits all of your life, and then commit horrendous crimes anyway, what compassion am I supposed to show? Let him rot.
Joe Blow (Southampton,N.Y.)
Who's left to fund the appeal? Incidentally, hemodialysis generally thwarts a renal-based death.
True Believer (Capitola, CA)
As a victim of a Ponzi scheme and subsequent lead plaintiff in extended litigation with many victims I can attest to the astonishing damage it causes. In a way some of the victims I worked with might have been better off dead. They were absolutely and irrecovably ruined. Throw away the key.
Chip Lovitt (NYC)
What's that old saying? Let the punishment fit the crime.
Judith Remick (Huntington, NY)
I just finished my second reading of Dante's Inferno. According to that masterpiece people who commit fraud against others are worse than thieves or murderers: I'm with Dante.
Scott (Bellevue)
We shouldn't give any sympathy to Bernie Madoff just because he's dying, just as we shouldn't give Rush Limbaugh any just because he got cancer. They're both horrible, horrible people, and justifying releasing a man who defrauded thousands upon thousands of people in some slapshod argument about mass incarceration is a little ridiculous. He is the worst-of-the-worst, both of his sons who died were also involved in his ponzi scheme, and he deserves to die in prison.
JJNYC (10012)
For Madoff to get out early would just be a continuation of his scam. He has been convicted of crimes which have damaged many people in less quantifiable ways, outside of their financial losses. Ways which seem to have been levied upon them with, certainly, no mercy. He should die in prison.
Robert Silverman (Phoenixville PA)
Mr. Madhoff should be shown the same compassion that he showed to people who lost their life's savings NONE
DK (NYC)
He needs to be released right away. How hypocritical of the left to demand for prison reform and then allow this poor soul to suffer any longer!
Edward (Wichita, KS)
Yeah, and Harvey Weinstein hobbles into court with a walker. Dear Dr. Eren, I might be more sympathetic to your argument if you pressed it on behalf of an elderly black man dying in a prison in Mississippi who had been convicted of sticking up a liquor store. This reminds me of the old joke about the definition of chutzpah. The man accused of murdering his parents appeals to the judge for leniency on the grounds that he is now an orphan. Dr, Eren, you are arguing for two levels of justice in this country, and until there is early release and restored voting rights for released felons who have actually served their sentences, I do not have the agreement of this citizen.
Schopenhauer (USA)
Eren's argument could be equally applied to tens of thousands of impoverished minority convicts languishing in prison during their geriatric years, many sentenced to similar or more drastic terms and who have lost close kin in neighborhood gang and other domestic crimes. Few had reasonable opportunity in their early lives to build a promising future. Unlike Madoff who intentionally deceived and defrauded thousands of decent, trusting human beings, their support decks were stacked against them, usually from an early age. If Eren truly believes in equal justice, why is she not advocating for the thousands who fill the cells of penitentiaries and are more deserving of relief. One of the worst and most contemptible characteristics of capitalist society justice is how it discriminates in favor of social celebrities whose heinous crimes are so often pooh-poohed and on whose behalf such claims of having been sufficiently punished ring hollow. To discount the impact of the horrendous magnitude of Madoff's crimes by valuing them below momentary crimes of violence is a typically shallow academic response. She should picture herself in the place of an elderly widow whose retirement reserve disappeared to support Madoff's lavish lifestyle and is now consigned to living her final years in poverty and bare-bones medical care. The federal system is designed in theory and largely in practice to distribute penal justice equitably, but even there, minorities have a longer ladder.
Kimberly S (Los Angeles)
Bernie is right where he needs to be. In prison for violating the trust of his clients, dragging down a family empire and totally taking advantage of his position to make money. Perhaps money is the root of all evil, and this should be on his gravestone....
AW (New Jersey)
I wouldn't try to excuse or forgive Madoff for his massive financial crimes. However, for the sake of completeness, approx. $14.3 billion of the money has been recovered by essentially reversing the investments and returning principal (sometime by suing investors who don't cooperate). This has been a great accomplishment by the bankruptcy trustee, Irving Picard, responsible for this effort (see: https://www.madofftrustee.com/recoveries-25.html). I do not know whether mitigating circumstances such as the return of more than 70% (to date) of the funds stolen should be part of the decision process. However, if he is released he should be asked to perform significant (and appropriate) community service, illness notwithstanding.
bill (Madison)
I'm not sure Mr Madoff would be safe if he were released.
Bill Rogers (Lodi, CA)
Letting someone like Madoff, terminally ill and having served a significant time, is fine. Cynically, it also saves the state on his medical care. If he was younger and/or healthier, then he should stay locked up. In the distant past, he would have been hanged, and that would have been the end of it—or he would have gotten off scot-free because he was a rich guy. One of the reasons for keeping convicts locked up is when they pose a danger to society if released. I doubt that Madoff does. In fact, were he to venture on to the streets, society might pose a danger to him.
Paul Lief (CT)
Why would he want out of prison? He's supposed to be broke, he's a piranha to his friends. and it's unlikely his wife, finally somewhat sheltered from this whole ordeal will take him in. At least now he has a bed to sleep in and food to eat...
Patrick (Los Angeles)
Everyone talks about the victims of Madoff as if his none of his clients made any money from his Ponzi scheme. Many of his clients made enormous amounts of money and made many withdrawals over the years. They were certainly not all victims. And many of them of course knew something fishy was going on but as long as they were making money they just didn’t care.
AR (San Francisco)
Funny how "compassionate release" only applies to the rich. Ok, you want compassionate release for the bankster? Start by demanding compassionate release for the thousands of elderly, infirm and dying working class prisoners. In fact the only time sick elderly prisoners get released is when the prison system doesn't want to pay for their medical care. Utter hypocrisy.
Nanno (Superbia)
Kim Kardashian's efforts have more merit than this ridiculous plea for "mercy". No way, no how.
Alex C (FL)
How many victims of Madoff's Ponzi schemes have had their lives utterly ruined or tragically shortened ? He lived a lavish lifestyle on the proceeds of his crimes. Serving out his entire sentence behind real bars offers some justice to his victims and acts as a deterrent against the hordes of other potential white collar criminals. It's actually pretty simple to understand.
Alan R Brock (Richmond VA)
It seems to me more than just a bit disjointed and hypocritical to keep Bernie Madoff in a federal prison cell while the most outrageous con man in American history blatantly plies his trade from the White House under Republican protection.
Jeff (Oakland)
No early release for Madoff! He ruined many lives. What has he offered his victims in mercy and recompense?
Steve Acho (Austin)
Ultra-wealthy swindlers who have lived a life of luxury and pleasure shouldn't be at the front of the line. Let the poor and uneducated, who probably didn't receive a fair trial in the first place, all go before Bernie. The man is a monster.
George Mattingly (Washington)
One of my employees is still working at age 70 because Bernie made off with her life savings. She lost her house and her car and works three jobs to keep a roof over her head. Bernie needs to rot in jail.
Gabby K (Texas)
He is a career criminal. Keep him in. Just because other white collar criminals (hello Citibank, Goldman Sachs, Wells Fargo) didn't go to jail is no reason for him not to remain there....
Thomas OConnor (Marlboro NY)
The # 1 we have prison is punishment, correction is not. If he had spent 30 years in jail my opinion would be the same. Let him die in jail.
JH (NY)
I assume this article was written as satire, because there's no way any rational person could possibly believe that Madoff should spend the rest of his life doing anything but suffering in prison. People died as a result of his actions. Lives were ruined.
Cecily Ryan (NWMT)
Let the Swindler stay put for his allotted tenure. Might not have been what he planned on, but commit the crime do the time.
Elaine (South Jersey)
What is wrong with you guys? Bernie Madoff gets no sympathy from me, my sympathy goes to his victims. Out of the tens of thousands of claimants, how many have been made whole. The LARGEST PONZI SCHEME IN US HISTORY. If they release him, it’s only because of who he knows.
Anonymous (Manhattan)
The picture of “white privilege” and I hate the expression. If he was poor and black dying from leukemia, this would not be an issue. The answer would be no bc said black prisoner likely would not have the wherewithal or the money to request for a compassionate release. Same should apply to mr Madoff. Do the crime, do the time. Simple.
ER Physician (Bay Area)
Isn’t there someone more deserving of our compassion than Madoff?
Ruby Moore (California)
I would propose a prisoner exchange where Madoff can be released and Trump can be incarcerated. Win win.
SheWhoWatches (Tsawwassen)
I don’t think the commenters even read the essay. No one put a gun to anyone’s head to invest with Madoff. His returns always sounded too good to be true. He isn’t asking to be free to live any kind of life--just to die. Vengence is really ugly. Makes me glad I’m not a “christian”.
Dean (NH)
I dont agree. Many people suffered or even committed suicide because of him. He doesnt deserve to be let out.
Allison (Sausalito, Calif)
compassion is a good thing. The problem is, we've got a backlog of people who deserve some. Putting a (white) white collar criminal with a high profile in the front of the line would be unusually cruel to the people who have been denied for so long.
dutchiris (Berkeley, CA)
When judgments are handed down against people who have declared bankruptcy because of medical bills and they miss a court date while they are trying to pay their bills and hold down jobs—when these people stand to go to jail, why should Bernie Madoff not serve his full term? He wiped out the savings of hundreds of investors; people committed suicide because of what he did. How can he deserve compassionate early relief because he is dying of kidney disease? Considering all the suffering he caused others, why should we care that he is suffering?
michaelf (new york)
He deserves to die in jail like Gotti and other mobsters. His crimes were legion and deterrence is of utmost importance, society must show those who consider his ruthless path must know their fate.
Lou Torres (NJ)
Go ahead. Offer him early release. Just one question: who pays to protect him from the mobs of adoring fans waiting for him on the outside?
D Rod (NJ)
Come on are we seriously arguing that compassion should be shown to this thief.
Mike (Down East Carolina)
Yeah, right. What do you think Madoff's life expectancy would be outside of prison walls? Exceedingly short? I believe there are a bunch of folks out there with a major axe to grind with him. Perhaps those folks would support Ms. Eren's notions.
M (Lundin)
No. He destroyed enough lives to earn himself enough years to die in prison, so let him die there. Madoff's sentence is a message to a whole community of would-be wrong-doers. To let him out early would be to send the wrong message, one that says you'll eventually get away with it.
joseph gmuca (phoenix az)
Bernie was an over-achiever. Who would have thought that a man of such low academic achievement would have concocted such schemes. A "schmoozer" non-pareil!
Nicole (Falls Church)
I'd like to see a list of things that Madoff's victims wanted to do but can't because he stole their assets. I'd like to see how many of them had trouble paying medical bills due to losing their funds to his scheme. Why should be perp get his wishes when his victims can't get theirs?
John Doe (Johnstown)
An old sick and dying con man in a prison infirmary or Mt. Sinai Medical Center? Which is cheaper since the government probably pays the tab either way. Make sure the prognosis is accurate and punctual.
E.D. (Chapel Hill, nc)
No. I don't think so. The lives he destroyed, the suicides he caused, his crimes was heinous. No remorse..entitlement.
MIMA (heartsny)
Let Bernie out of prison? No way! This is crazy! His victims and daughters-in-law must be overwhelmed with sadness at this ridiculousness.
Sweetbetsy (Norfolk)
Let mercy season justice. He does deserve to die in prison, but he's suffered at least two deaths worse than if it was his own. Keeping a dying inmate costs us taxpayers a lot of money. But I shouldn't have a say in this. If the majority of his victims want him to die in there at taxpayer expense, they're the ones who should be listened to.
CC (Sonoma, California)
I write social justice narratives for minors given draconian sentences for their felonies, with the hope of securing release after serving years of their time, and showing redemptive behavior while in prison. I never finish one without feeling terrible sorrow for the tragic lives I describe, and the sense of inevitability that the brutal conditions of their childhoods will lead to crime of one sort or another. Not so Bernie Madoff. He wrecked many more lives than the offenders I write about. And he did so with loving parents, a loving wife, and loving children surrounding him. Nothing excuses his behavior. An early release will only, yet again, reflect the horrendous double standard of justice in this country.
Jonathan Katz (St. Louis)
@CC And what about the victims of robbery, rape and murder committed by the offenders you defend? Are the victims' innocent lives not wrecked?
Paris Spleen (Left Bank)
First release every single African-American male jailed for pot—then we’ll talk.
VJR (North America)
Maybe Pete Rose should be compassionately released from MLB's 30+ year prison before Bernie Madoff is released from his decade of prison. Pete only lost his own money. Bernie lost zillions of other people's money. You Reap What You Sow.
kenneth (nyc)
@VJR Maybe. And maybe you should tell this 21st-century audience who Pete Rose was in the 20th century and what he has to do with this story.
Chris Marks (Amana IA)
"Mass Incarceration" is yet one more meaningless concoction from the ivory tower. Individuals are convicted of specific crimes. Individuals are sent to prison, not groups. America's prison population is over two million. That can seem like a "massive" amount of folks, but it is the result of an equal number of convictions. Don't harm others by breaking our laws.
Sam (Ithaca)
@Chris Marks The reason sentencing reform is backed by both parties is that punishments are thought to have been settled on in error. The belief was that increasing the length of incarceration would reduce crime, but that doesn't seem to have been the case. Now, in most peoples' judgment we incarcerate too many people. And many of the crimes do not seem to have resulted in harm to others.
Charles (CHARLOTTE, NC)
A rather large percentage of our prison population did not in fact “harm others”, for example those incarcerated for possession of drugs or firearms.
Jon F (MN)
I agree with you other than the statistic: the prison population in 2017 (most recent data) was 1,489,363.
George Moody (Newton, MA)
Madoff should forswear employment by the government or the Trump campaign. He has the sort of skills Trump needs, and Trump should not be allowed, for example, to appoint him Acting Director of the Fed, though he may assert a right to do so. Other than that, Madoff should take a number and join the line of thousands of others who have been imprisoned unjustly.
kenneth (nyc)
@George Moody Is your second paragraph meant to indicate an awareness that your first paragraph has nothing to do with this story?
Pat Miller (Los Angeles)
The phrase mass incarceration doesn't belong in an op-ed about Bernie Madoff. The man ruined peoples' lives through his actions. He did it knowingly, with malice, for no reason other than greed. This is a man who had all the resources necessary to live a privileged, wealthy, luxurious life without stealing from anyone. Mass incarceration is unjust. That term refers to people who are the victims of an unfair legal framework. Whether it is because of the pernicious effects of cash bail or the war on drugs, mass incarceration refers to people who have been swept up in a massive system for minor infractions. Those people are victims. Bernie Madoff is not a victim, he is a consummate criminal who knew exactly what he was doing and what sort of penalties he would face were he to be caught. He literally caused other people to commit suicide. He may not have sold drugs or shot anyone, but he did immense damage to society and his fellow citizens. He does not deserve to be released, ever. And frankly, I'm sure that whatever low-security resort he is in is better than he deserves, given the miserable conditions so many others are being forced to experience in our jails/prisons.
MIKEinNYC (NYC)
Life in prison means that you spend the rest of your life in prison.
Cynthia Hennecke (Albuquerque, NM)
Not Madoff.
Anthony Petraglia (Florida)
Lol free all non-violent drug offenders THEN we can talk
Cranston Snord (Elysian Fields, Maryland)
He hurt so many people. He should die in jail.
Tldr (Whoville)
Much as I admire Norway, Anders Breivik should never get out of prison.
Federalist (California)
Why? He should die in prison for his serious evil crimes.
Larry (Minneapolis)
Yes! After all, he's white and just a white-collar criminal!
HappySad (NJ)
The idea of releasing Madoff is ridiculous. I bristle when people describe all the things that have happened since somebody committed their crime, or how the years in prison have been enough. Why do we have sentences at all if we're just going to let people out when some future argument can sway us to believe they've been punished enough? Bernie ruined lives for countless people, why is 11 years of prison life suddenly enough just because he's old and frail? Let him out when the last of his victims is done working as a greeter at Walmart because their retirement is gone, or when their children have finished paying off the college debt they shouldn't have after a lifetime of savings was wiped out. Give me a break.
Pato Moreno (Texas)
Give me a break. Wealthy white collar criminals make a calculated risk/reward decision. They believe the risk is worth the reward because, if they are caught, it is likely they will be represented by high-powered lawyers and either skate or get sweet deals in a country club prison. A dual system of justice for the wealthy and the poor is corrosive of public trust in our criminal justice system. I can't believe you are asking us to waste tears on this guy.
Srini (Texas)
I believe this Associate Professor is confusing mass incarceration with punishment for individual people who committed crimes. Madoff committed, horrific, if non-violent crimes that hugely impacted hundreds of people. He needs to die in prison. Beyond the fact the confounding of mass incarceration and individual case, the author clearly do not understand the historical context of mass incarceration.
david (sf)
I couldn't agree more with this thoughtful opinion piece. What possible good is served by keeping this pathetic individual in prison. As for his victims, I refuse to share in the sympathy which everyone seems to feel for them. They were lured into investing with him because of the implausibly large returns he promised. In other words, their greed led them to ignore the wisdom that if something sounds too good to be true it usually is.
joe (atl)
Humans tend to be overly sympathetic. The past is quickly forgotten. Bernie's victims are ancient history, while here is this poor old man still alive and talking on numerous websites. It seems cruel for him to die sick and alone in prison. The problem is if you temper justice with mercy you no longer have justice. Sometimes justice demands cruelty, if for no other reason than the world is cruel. So don't sugar coat it. Let Madoff die in prison like he was sentenced to do. That's justice.
Susan G (Philadelphia PA)
Bernie Madoff is not a victim of "mass incarceration." His prison sentence was intended to be long enough so that he died in prison. He ruined many lives out of sheer greed and evil. He had a very fortunate life and he squandered it. There are many prisoners who deserve sympathy before he does. I have heard him justify why he thinks he deserves to be released. I have never heard him express remorse about what he did.
ADN (New York)
Madoff should remain in prison. He should be joined by the heads of the banks and investment banks that knowingly packaged and created assorted worthless securities, sold them to their customers, and brought the world financial system crashing down, destroying the lives of tens of millions and inflicting lifelong pain on an entire generation of job seekers while reaping benefits for themselves. Indeed the only problem with Madoff being in prison is that he’s a reminder of all those who should be there with him. The idea that he’s a warning to others who would scam investors starts to look ridiculous in the face of those who escaped, by virtue of their higher positions on the ladder of the American oligarchy, being behind bars. The Madoff prosecution was like so many others. The little guy pays for his crimes; the big guys get rewarded for theirs. In the case of the financial crisis of 2008, justice was not done. Madoff is the best symbol of that.
Terry Rodgers (San Diego)
Professor Eren argument for releasing Bernie Madoff was insightful and interesting. I agree that Madoff devastated some people's portfolios and stole huge sums of money from people whose trust he betrayed. He was a horrendous crook, but not a violent monster. Our natural instinct to exact harsh revenge should be resisted. A little mercy goes a long way, I think, even if it's not deserved.
Barbara Reader (New York, New York)
Before he surrendered, people sued trustees who did not get returns similar to his. I was involved on the wrong side of such a lawsuit. The idea that he could not immediately fool people into thinking he had been exonerated and get them to hand over money to him again is beyond idiotic. Millions believe Trump's every word. There is no reason to thing a free Madoff would not find more victims. He has bragged to fellow inmates that his 'clients' were insufficiently grateful to him for the peace of mind he gave them, etc. He is not merely unrepentant, he believes the scam was beneficial to his victims. He is the very picture of a person who must not be released until dead.
organic farmer (NY)
Life is not fair, nor is it compassionate. Mr. Madoff was neither fair nor compassionate toward the people he defrauded, nor toward the son he shamed. Mr. Madoff should be treated consistently with how he treated others. There are worse and far more stressful things than dying in jail, such as trying to live into old age with no savings and no income, or a son committing suicide out of shame for the crimes of his father. Mr. Madoff should have enough remorse and decency for the pain he inflicted to not ask for this. Mr. Madoff should know enough not to ask for leniency or special favors, not to put himself in the public eye again, he should know enough to quietly and humbly accept his end, in jail, accepting his fate, his punishment and his end willingly, the result of the choices he intentionally made that hurt others.
Laura Montenegro (Mendham, NJ)
The amount of sympathy I feel for Bernie Madoff couldn’t even fill a thimble. His sheer greed and lack of care for the people who entrusted him with their money is mind-numbing. There are some people who commit crimes because they see no other way to get ahead in this life; where their socio-economic and racial backgrounds impact their ability to succeed as easily as their richer, whiter counterparts. Then there are the Madoff’s and Trump’s of the world who firmly believe that they can trample all over the law with little to no repercussions. Mr. Madoff should remain in prison because he deserves nothing more. I hope Trump follows and I will have even less sympathy for him. I hope they both get exactly what they deserve.
joe hirsch (new york)
His sentence of 150 years meant that he would die in jail. Everybody eventually gets sick and dies so why would his kidney disease be a reason for release. When he was sent to jail the Judge did not say he could be released due to illness. His remaining in jail can act as a deterrent for others considering such crimes.
Martino (SC)
I've long thought anyone convicted and sentenced to a very long time in prison, twenty years or more and especially at a certain age of much beyond forty should be given a clear option of execution by lethal injection in lieu of a lengthy prison stay and further the same offer should always be on the table for them the entire time in prison. I can say for certain that if I had a choice of twenty plus years locked up or a quick, painless death I would chose death every single time. Heck, I'd probably make the same choice if it were just five years in prison. I've been in jail several times in my life. There's never been one minute of that time where I wanted to stay even a minute longer.
JustaHuman (AZ)
The prison system is broken. So are the regulators in the financial industry. When the former is fixed, people like Madoff will get equal treatment. Sounds like that is what he's getting now. He got better than average treatment for a long time, you know.
Todd (Key West)
Madoff was sentenced to over a hundred years in jail. I assume the judge did that to guarantee he die in prison. He has never shown any signs of repenting either. It would seem like a slap in the face to his thousands of victims to give him early release. I think releasing elderly and sick convicts unlikely to commit future criminals is reasonable. But given the gravity of his crimes Madoff should die in prison, and advocates for compassionate release should probably skip this one or risk hurting the whole movement.
Bill Clayton (Colorado)
Well first of all what is wrong with retribution? I understand, and sympathize with those who wish to be compassionate for crimes committed in passion by an otherwise good person...but I think retribution is a perfectly valid objective for crimes which were planned and executed in a heinous fashion with no regard for the victims. Next, "If our societal goal is to reduce incarceration" all we have to do is release people, with no regard to any notion of justice. This is just stupid. If our goal is to re-admit people to society who are likely to be successful after serving a serious amount of time in prison, then we have ways to do that.
Brian (Baltimore)
Mr Madoff does not deserve to be released for two reasons. One, he never cooperated with investigators to describe how he committed massive fraud. He never exposed who assisted him and who else knew of the fraud. Two, he never expressed any remorse nor apologized for those he bilked. He plead guilty and planned to take his secrets to his grave. A release should only be given if he discloses the full truth. He has had years to do so and has chosen to not do so. Why should he get a break?
Ron (Oak Ridge, TN)
The prison sentence should reflect how many people were badly hurt by the perpetrator. In Mr. Madoff's case, he has barely begun to be punished for all the misery he created. Leave him in prison.
Mike Tolson (Houston)
Generally speaking, I don't disagree with many of the points made in this piece. But there are exceptions. Madoff is one. He wasn't just a thief. He inflicted misery on so many. Let him die in a prison hospital, aware of where he is until his last breath.
Andrew (New York)
This is ridiculous. The root of mass incarceration is due to poor people lacking access to counsel. Comparing it to Madrid is an insult to everyone’s intellect. Madoff had competent counsel, was found guilty, and duly sentenced. He destroyed thousands of lives directly (investors) and tens of thousands more indirectly (shuttered charities). He can stay where he is.
Robert Jenkins (Kansas City)
What did he do that was so horrendous? Did he murder a lot of people? Was he the mastermind behind a terrorist attack? Or rather, isn't it true that he stole money from rich people? I was under the impression that most of his victims were wealthy folk? People who live paycheck to paycheck don't have money left over to save for retirement, much less invest in dubious schemes. I'm not saying it's right, what he did, but surely there are worse crimes.
Andrea Shaw (New York)
This is yet another appeal for white collar monsters to get away with destroying lives. He had no remorse, and showed no mercy. He deserves the sentence he was handed. Society needs to be protected from the Madoffs of the world. Send a message to those who might choose his path of despicable avarice and a total disregard for the lives of others: he will serve his sentence.
F. R. McFeely (Lamira, Andros, Greece)
One of the purposes of punishment is to deter others contemplating like crimes. Some crimes, such as those committed in the heat of anger or personal desperation, are not particularly amenable to determent. However Mr. Madoff's crime was cold, calculated, meticulously planned and mercilessly executed. This is precisely the kind of crime that can be deterred. So let the rest of Mr. Madoff's life have the value of serving as a miserable example to any would-be imitators. He should die alone in prison.
Cadburry (Nevada)
No, no , no. Mass incarceration has little to do with this case. He needs to die in jail as a symbol of the justice served to those who make the lives of hundreds of folks misery because of his greed. Having said that, I can't wait for trump to go to jail.
John Warnock (Thelma KY)
Bernie Madoff took money from others in such a way as to imply he was more deserving of it than they were. Thus he self-entitled himself. He had no compassion for the consequences for his victims when he took their money. He should not be expecting any in return. The idea that he asked for empathy, while at the same time showing none for his victims at the time of his thieving shows that he still feels self-entitled. Serve your time, Bernie, serve your time, and reflect on the consequences of what you have done.
Falllen (Southlake Texas)
I’d let him out. Prison is just another cost we have had to pay for this guys misdeeds. He won’t have much of a life if released. He’d be afraid to go out in public. Just certify that he is as unhealthy as he claims.
Frank Joseph (Seattle WA)
There's an important difference between "mass incarceration" and the just punishment of a notorious criminal who has done irreparable harm to countless people. Of course we want to reduce incarceration rates, and in particular the disproportional negative impact of the criminal justice system on vulnerable communities. But we can do that AND hold heinous criminals like Madoff fully responsible for their crimes. Let him die in prison. He deserves it.
Georgia Cracker (Georgia)
Sometimes incarceration should be for punishment not for rehabilitation. This is one of those cases. Keep him locked up.
Casual Observer (Los Angeles)
What may Madoff do free that he may not locked up? Con more people into trusting in him. Bernie is the kind of person who probably will always prey upon others and does not deserve to be trusted by society, ever. It’s as simple as that. Now how one deals with people like him while reducing the over crowding in prisons we cannot know for sure. Worse how do we treat sociopaths with the caution which is justified from those who have committed crimes but have consciences and deserve second chances with completion of their sentences? Being a sociopath is not a crime, having no conscience is not a crime.
biglatka (Wappingers Falls, NY)
I find this opinion piece incredulous. The pain and suffering this one man caused leaves society with only one conclusion, he does not deserve sympathy or compassion. Reduced incarceration does not apply here. The magnitude of the loss must be unimaginable and would only serve to increase the suffering of the victims, knowing that this selfish evil man got a "get out of jail card."
Diane L. (Los Angeles, CA)
Has Bernie Madoff paid his debt to society? If he has not completely paid all the people what he stole from them, with interest, then no. My compassion is for them.
Victor Morin (Reno)
Sorry, but I disagree. Keep Madoff in prison. Given how many people live's he ruined, I think there is more than a small chance somebody would want to go after him. He is safer in prison, where he can ponder his rotten legacy.
Dharma (Seattle)
I find it interesting that this writer chooses Bernie Madoff as an example for Prison reform. There are many minority and poor inn prison who deserve this vs. Madoff. It is rather ugly and detestable that the writer uses him as a poster boy for prison reform. As for his children passing away and not being able to attend their funerals, he threw them under the bus, made them pariahs and did not own up to his actions.
Yankelnevich (Las Vegas)
No, I don't see a rationale for releasing Madoff from prison on humanitarian grounds or any other. People committed suicide, lives were utterly destroyed by Madoff. The destruction was just too great to justify any reduction of his sentence. If he dies in prison, which seems very likely, it will be a just outcome. Let other white collar criminals know that if they are caught, they too may suffer the same fate, dying in prison.
Lawrence Siegel (Palm Springs, CA)
All the folks who think Bernie needs to remain incarcerated need a head shake. He's dying. His next 18 months is going to be awful no matter where he resides. Compassionate release calls for his inclusion. There's no reason to keep him locked up, save vengeance.
Greg Weis (Aiken, SC)
Has Madoff made clear to everyone that he realizes the tremendous human suffering he caused, that he is mortified by it, that he knows he deserves to spend the rest of his life in jail, that he begs for forgiveness? His "I'm sorry" at his sentencing hearing was a mile short of this.
semari (New York City)
How many people, let alone families, were financially ruined by the avarice, greed, duplicity, and dishonesty of this professional thief? How many lives cut short by medical bills they might have afforded but for their financial ruination at his hands? How many broken families, divorces, suicides, mental breakdowns? He's had his life, and he deserves to spend the rest of it behind bars. His basic needs are being attended to. And he deserves our compassion for the tragic loss of his children. But we cannot undo that, nor can he. What he can do is learn compassion for the others he's harmed. The only thing remaining for him now is to make his peace with himself, and with his God, if he believes in one, and he can just as easily do that where he is now, free of worldly distractions.
Steve G (Stratford CT)
There is no way that Madoff should be let out of jail. He destroyed the lives of hundreds of people, including one of his own sons. He betrayed the trust of his clients. Money managers have a serious fiduciary responsibility to protect their clients and their assets. They need to know that they will rot in jail if they abuse their clients' trust.
Alex (melrose, fl)
Feh! This opinion is incomprehensible for many reasons, as others have stated so well. Madoff is not someone who was the victim of horrid, knee-jerk sentencing policies enacted by ambitious, craven politicians or racial bias. I would appreciate some assurance that Dr. Eren is not getting financial or professional benefit from this effort. Absent such corruption, I cannot understand her obtuse advocacy.
Eddy (Amherst, Mass.)
Let the punishment fit the crime. How many lives did "Bernie" ruin or destroy? Mass incarceration or criminal justice reform has NOTHING to do with this. To cite a line from the movie "I Robot," this author's argument might qualify her as one of the "dumbest smart people I know."
Daffodil (Berkeley)
I propose that we release all nonwhite persons sentenced to long sentences and then we consider releasing Madoff. He does not deserve attention.
Ranonymous (10th Circle of Hades)
I believe that there are plenty of low-level, nonviolent offenders who might qualify for a second chance. Bernie Madoff who like so many white-collar criminals, scammed over thousands should not be let go. He has not repaid his debt to society and is in no way fit to be released, it's rather insulting that he can get a public plea on his behalf while many languish in prison, some of 'crimes' they never did. No thanks.
Al Sinclair (Gilbert, AZ)
Ms. Erne made it clear in her book about Madoff she believed by focusing on Madoff due to "our ideological and cultural tendencies to attribute blame to individuals―be they regulators, victims, or 'monsters' like Madoff" we failed to recognize that Madoff was actually a just another pawn of capitalism. The old "Devil made him do it" defense. Well, in my estimation Madoff is the devil. Compassion surely has limits.
Karl (Melrose, MA)
The hijacking of "mass incarceration" as a pretext for this cause is unjustifiable and inexcusable.
Solstice (DC)
The author never explains what is the connection between Bernie Madoff and mass incarceration! Would Bernie be an ailing black man in jail for life due to 3-strike sentencing, I could understand the argument. but as presented, I am at a loss and agree as someone else called it a travesty. How many other prisoners for life who get terminal diseases get even the consideration of such a reduction of sentence. Bernie,you have lived a high life on the back of many (who admittedly were fools) now is the time to pay for it.
Shelly (New York)
How many years did Bernie Madoff spend waking up every morning and thinking about how to continue his crimes? How many hours of his life did he commit to stealing people's money to make his own life better? How many people who trusted him were left without the money they expected to have to survive? Letting him die in prison seems appropriate. He shouldn't have the joy of walking around a free man.
akamai (New York)
In this case, I feel retribution is just fine. Madoff literally deliberately ruined people's lives. A few years in prison are not enough to make up for that. He should stay there until his last day on earth.
Hmmm (Seattle)
Why we put ANYONE non-violent in a cage is beyond me. Plenty of ways to punish someone besides locking them. Such a high cost to house and feed these people. Leave prisons for those that actually need to be physically removed from society.
SA (01066)
Why bother with compassionate release for someone who had absolutely no compassion for the many people he robbed and lives he ruined? Besides, Donald Trump will probably pardon Madoff when he does the same for Flynn, Roger Price, and all the other scoundrels who helped Trump steal the 2016 election.
ken beebe (eugene or)
Madoff should be put on palliative care in prison and should stay there. He has by his actions (and their horrific consequences) removed himself from society.
Rose M (VA)
This country has lost its soul. There is NO compassion for other humans, but lots of it for kittens and dogs.
Josh (Tampa)
It would serve much better if the author were to write a plea for the compassionate release of any number of elderly and ailing, harmless criminals with no connections than a very wealthy, famous white collar criminal whose actions were of far greater moment.
Paco (Santa Barbara)
Old crooks are still crooks. Just because someone is old, sick or feeble doesn't mean he is honest. And if you let him out, then you will encourage old crooks to take chances, because they'll just think that some soft parole officer or judge (or president) will let them out of jail soon enough. There's an old saying: age and treachery beats youth and vigor. No, don't let this old crook out of jail. He did some awful things, he knew better, and he's where he belongs.
bystander (Nashville)
I wonder if “compassionate release” encompasses Bernie? He led a life of merriment and excess off of money that wasn’t his. His source of funds were people who thought their money was safe and increasing. Not being used as a piggy bank to feed his daily life. I think of the future his investors were planning only to find they had been swindled. Has he written to each of his clients and apologized? Bernie has had the cruelest of losses too. Two sons dying, one by suicide because of him. The stuff swimming in his head must be monstrous and awful. His deceit, however, affected and ruined a great many lives. If his clients forgive him then “compassionate release” makes sense.
papageno (washington DC)
It feels like people who are commenting on this post have barely gone through the trouble of reading the article, and are reacting viscerally to the headline. It's not about Bernie Madoff, but rather about the ends and goals of the criminal justice system. Commenters stressing the need for Madoff to "serve his time" or the unfairness of letting this rich, white man walk, might be morally correct, but missing the point entirely. There is no way to fix the blatant injustices of the criminal system without a serious, meaningful, and nationwide discussion about what are the social goals of incarceration. Reacting to a thoughtful article proposing this discussion with a knee-jerk "he needs to pay for what he's done" rather, in fact, proves the point of the author.
Armandol (Chicago)
What if Bernie Madoff was Black or Latino? Do you really think that he would be considered for an early release? I doubt. If people is in jail for decades just for minor offenses then I believe that Bernie should remain in jail forever.
Tim Rutledge (California)
I’m sorry but, Bernie has no business being released. Maybe, if we did this for non white collar criminals as policy but, Bernie ruined so many lives out of sheer greed.
Dan (Challou)
Mr Madoff's actions killed people - and in many cases, and some would have been better off if he had actually executed them. He lived very very well, for quite some time while his victims suffered, and so did his familiy. He is the very example of someone who should remain incarcerated until he expires. A person of who was busted and imprisoned as a result of the racist dog-whistle backed baloney "WAR ON CRIME" laws and is suffering in prison is an example of someone who should be granted early release (or pardoned altogether).
rascal1030 (kansas city)
Madoff consciously made decisions that ruined countless lives, including that of his own family. He is probably the LAST person in America who deserves one's sympathy. Frankly, he has earned his place in prison; asking for compassion now only shows his hubris to be unchanged. The nicest think I can say about this article is, "YOU'VE GOT TO BE KIDDING!"
Miriam Helbok (Bronx, NY)
Dr. Eren: How many of the other 94 percent of folks in prison who were refused compassionate release have you spoken up for? I await your response. If Mr. Madoff is released, we will know for sure that the two-tier system of justice that exists in the U.S. is not only alive and thriving but growing by leaps and bounds.
eirsatz (California)
I don't disagree with the sentiments of the article but it's really dishonestly argued. Where are these left wing critics of mass incarceration arguing against Madoff's release? Im not seeing it and it's disingenuous of the writer to make the political movement against mass incarceration the villain for the streak of vengeance that runs through American life and shows up viscerally in the prison and sentencing system. If one wants to make an argument for compassion in sentencing the there are literally tens of thousands of people deserving that attention languishing in prison. That it's a former billionaire and fallen star of the ruling class that gets the ink in the NYT says it all.
C Franco (NJ)
For the wave of destruction and indifference to those whom he destroyed, wherever life is left to him will never be enough to repay his debt to society, so he must be repay with the same indifference as well, by rotting in jail.
George (Linden,wa.)
compassion,compassion,compassion. “What the world needs now is love sweet love,it’s the only thing there’s far too little of.” Probation for the rest of his life. Let the man know his grandchildren. Let the man take walks around the lake with his wife. “ let the person without sin,cast the first stone.”
Tut jr (Austin)
I say make an example out of him to other rich criminals. Let the point one percent stew on the fact that one of their own monied class is doing hard time. Not saying they are all crooked but still, Trump next.
Jim Chapdelaine (West Hartford CT)
In a a time where white collar criminals are being shown deference on a daily basis, it seems wholly out of step to add Bernie Madoff to a list of prisoners that should be released early. Surely there are more deserving if less famous prisoners that wreaked less despair and destruction on humanity. Entire charities shut down and philanthropic enetities were shuttered. Every prisoner has missed significant life events during their prison stays. This week we’ve watched 2 convicted felons, Roger Stone and Mike Flynn, benefit from committing crimes on the part of the president. It’s immoral to think there’s hundreds of thousands of minority prisoner without the political connections or financial wherewithal to merit a NYT opinion piece to tilt public opinion. This essay is misguided.
RBR (Santa Cruz, CA)
How many lives he destroyed? How many victims killed themselves? Committed suicide because they lost their entire savings? How many futures were affected by this man and his accomplices? If the lack of many was the issue to being unable to access higher education? That would have impacted generations of those affected by the lack of access to a better life... let him be in jail...
Tom (Fort Collins, CO)
The only condition I suggest to letting him out is for him to first repay all his victims. When the last is repaid then he can be let free.
James (LA)
It’s just another example of two justice systems, one for rich and one for poor, if Bernie gets out. Release all the poor inmates that qualify for early release,then let Bernie go last.
unclejake (fort lauderdale)
I didn't see a quote from his son's widow or his wife. Which family member wants to take him in ?Would he get medicare?
CTMD (CT)
Madoff perpetrated an omgoing crime for decades. He deserves a life sentence, he ruined the lives of wealthy people but also of regular middle-class people by stealing their retirement money. The mass incarceration mercy should be directed at younger men who made bone headed mistakes and who could not afford good legal representation.
megachulo (New York)
First Bail reform. Now the windsheild washers are back in Manhattan at full strength. And then Madoff may get released. Another reason why Trump WILL get reelected. The pendulum has swung way too far. Most working class feel that even raising the possibility for compassionate release for Madoff is lunacy.
joshua salkind (colorado springs)
I must disagree. The mass incarceration is referring to low-level offenders and drug offenders. This guy is as bad as any murderer in for life. He dies in prison.
Innisfree (US)
In my opinion, there are people who value justice more than they value mercy and there are people who value mercy more than they value justice. Some cultures are more merciful than others. I don't think American society is one of those.
Carl (KS)
Madoff got what he deserves, but this is a good lesson for crooks who have a lot of money and don't contribute enough to Trump.