Judge Surprises Madoff Deputy by Denying Bail

August 13, 2009

Despite an agreement with the government that he will cooperate as a witness, Bernard Madoff's account Frank DiPascali was jailed after he entered a guilty plea. The Washington Post sought comment from Chuck Ross on this situation.

"The collateral consequence of that denial can create a chilling effect on cooperating witnesses," said Charles Ross, a Manhattan-based white-collar criminal defense attorney who is representing a former employee of Madoff Investment Securities. "Your freedom while providing cooperation is a very, very important consideration to witnesses coming forward. A highly publicized decision like this will cause clients to be that much more concerned and worried about what's going to happen when they enter their guilty plea."