In early December 2008, Bernie Madoff was arrested by federal agents for allegedly masterminding a $65 billion, decades-long Ponzi scheme. Yet, within days of his arrest, the government agreed to allow the accused swindler to remain free on bail. Granted, the bail conditions under which Madoff was forced to live were onerous, and included surrendering his and his wife's passports, 24-7 monitoring of his penthouse apartment, and severe restrictions on his movements outside the walls of his home.
The Madoff case illustrates that even for one of the most infamous white-collar criminals in modern times, there was a way to both satisfy the government's interest to ensure that a defendant shows up for court proceedings and at the same time provide an opportunity for a defendant to maintain some semblance of a family, professional and religious life while his or her case proceeds through the justice system.
Surprisingly, however, in another case - this one still unfolding - the Department of Justice is being overly parsimonious in refusing to allow bail for a defendant charged with white-collar crimes far less serious than those to which the disgraced Madoff pleaded last year.