Madoff’s posting of jewellery defended

Out of proportion: Bernard Madoff's lawyers are arguing that prosecutors are overexaggerating
11 April 2012

Lawyers for alleged fraudster Bernard Madoff are arguing that prosecutors are overexaggerating the concerns about assets he and his wife have been sending out to friends and family.

Prosecutors asked a judge to put him behind bars after being tipped off by his sons that he had sent more than $1 million (£681,100) worth of jewellery and other items to friends and family in breach of a freeze on his assets.

However, his defence team argue that oversight rather than criminal intent lay behind their actions, saying they had made "every effort" to get the goods back once their lawyers told them they should not have sent the items. Among them were a pair of $200 mittens that were a gift for the Jewish festival of Hannukkah and $25 cufflinks given to Mr Madoff by his granddaughter. Pens and watches were also sent, although it is not clear whether the watches were among those in his highly valuable antique collection.

Prosecutors are seeking to use the gifts as proof Madoff should not have been given bail. They argue he should not still be in a position to move his assets around. But the judge has indicated that he is not convinced they have a case.

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