Judge Denny Chin and Bernie Madoff talk about a sentence of 150 years

The New York Times has this fascinating new lengthy article about the famous sentencing of an infamous white-collar offender.  The piece is headlined "Judge Explains 150-Year Sentence for Madoff, and here is how it starts:

With the sentencing of Bernard L. Madoff only a week away, Judge Denny Chin received a letter from Mr. Madoff’s lawyer asking for a prison term substantially below the 150-year maximum.  The lawyer, Ira Lee Sorkin, listed several reasons, including Mr. Madoff’s confessing to his sons, knowing he would be turned in; his “full acceptance” of responsibility for his crimes; and his efforts to assist in the recovery of lost assets.

Citing data that showed Mr. Madoff, who was then 71, could expect to live about 13 more years, Mr. Sorkin asked for a term of 12 years — “just short of an effective life sentence,” as he put it — suggesting that Mr. Madoff might be allowed a year of freedom before he died. Mr. Sorkin also proposed another option: 15 to 20 years.

Judge Chin says he understood Mr. Sorkin’s goal.  “It’s a fair argument that you want to give someone some possibility of seeing the light of day,” the judge said, “so that they have some hope, and something to live for. And,” he added, “that was one of the struggles in Madoff.”  

Judge Chin said he quickly rejected the idea of a 12-year sentence for Mr. Madoff, but pondered whether 20 to 25 years might be acceptable.  The judge ultimately concluded that even that “would have been just way too low.”

“In the end, I just thought he didn’t deserve it,” he said. “The benefits of giving him hope were far outweighed by all of the other considerations.”

Judge Chin would impose a term of 150 years on Mr. Madoff, perhaps the most stunning and widely discussed sentencing in the history of American white-collar crime.  In doing so, he seemed to find a way to translate society’s rage into a number.

Two years later, Judge Chin’s recollections resurrect all the anger, shock and confusion that surrounded Mr. Madoff’s crimes, and provide a rare peek at the excruciating pressure faced by a judge who had to balance the law, the public’s emotions and his own deeply held beliefs while meting out a sentence that was just and satisfied the court’s need to send a message.

Judge Chin agreed to an extensive series of interviews as part of a broader look into his sentencings in Federal District Court in Manhattan, which will appear in a later article. “Most judges will tell you sentencing is the most difficult thing we do,” he said.

The New York Times also interviewed Mr. Madoff, who offered his first comments about the judge and the sentence, which will have occurred two years ago on Wednesday.  Mr. Madoff, speaking by phone from federal prison in Butner, N.C., said he believed that Judge Chin went along with “the mob psychology of the time.”

“Explain to me who else has received a sentence like that,” Mr. Madoff said.  “I mean, serial killers get a death sentence, but that’s virtually what he gave me.  I’m surprised Chin didn’t suggest stoning in the public square,” he added.

This piece has a lot more quotes from Judge Chin, and this companion piecehas more interesting quotes from Madoff.  Here is an excerpt from that piece: 

Bernard L. Madoff remains upset that Judge Denny Chin did not give him a shorter term, which might have allowed him the chance someday to regain his freedom, even as a very old man.... “[Q]uite frankly, there’s a big difference with dying in prison, you know, and dying outside with your family.”

Judge Chin has said in recent interviews that he considered a sentence that might have allowed Mr. Madoff to be freed when he is in his 90s.  But he concluded that Mr. Madoff simply did not deserve it, and in court called his conduct “extraordinarily evil.”

Mr. Madoff, in a recent series of interviews and e-mails, took issue with the judge’s description. To characterize him as “this monster and this evil person,” he said, “I just think that was totally unrealistic and unfair.”

“In my mind, Chin was anything but fair, with zero understanding of the industry,” Mr. Madoff added.  He said the judge had made him “the human piñata of Wall Street,” while financial firms and government officials “walk away free.”

“Remember,” he said, “they caused the recession, not me.”...

He said he had pleaded guilty to spare his family the trauma and expense of a trial.  Did he expect a long sentence?  Yes, he said. “But, did I think it was going to be 150 years?  No.”