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Bernard Madoff is a horse thief: Sentencing set for June 29

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Wednesday, Bernard Madoff requested leniency through his attorney Ira Sorkin, who suggested a sentence of 12 years would be a sufficient penalty for his client's crime of stealing billions of dollars in one of the greatest frauds in history.

Sentencing by U.S. District Judge Denny Chin is set for Monday June 29, and the eyes of the world will be upon him. So will the eyes of the yet-to-be discovered fraudsters everywhere.

My thoughts on the subject are relatively simple and have little to do with revenge or payback. In cases like this I often remember a very old quote from another time and place.

"Men are not hung for stealing horses, but that horse may not be stolen." George Savile, First Marquess of Halifax (1635 - 1695). One might think this would have been a common refrain from the "Wild West". However, this sums up the single most important issue to me. Nothing that we can do to Madoff will make up for the financial losses, and in some case ruin that his investors have suffered.

Society's goal is that justice is best served if convicted criminals cannot perpetrate any further crimes and the justice handed out is a deterrent to others. The second part of the equation requires the first.

Attorney Sorkin refers to Madoff's fraud as a nonviolent crime. The same could be said of a horse thief, except for the fact that being left high and dry in the desert often resulted in death. To steal one's resources; to make someone destitute; to diminish a person to such a level that one contemplates or commits suicide is the same thing.

The minimum sentence from my perspective is that he live in poverty, in jail, for a period of time equal to the duration that the fraud went on, plus the amount of time of the court proceedings, plus a day.

If his attorney wants mercy for his having confessed and pleaded guilty then my sentence is almost poetic because the shorter time consumed by these admissions actually means the sentence I would impart takes this into consideration.

Sheldon Liber is the CEO of a small private investment company and the principal for design and research at an architecture & planning firm. He writes the columns Chasing Value and Serious Money.

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Last updated: November 22, 2009: 07:56 PM

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