Los Angeles 1/21/2009 7:20:26 AM
News / Finance

Madoff 30 Year to Life Sentence Likely Predicts American Prison Consultants Founder Larry Jay Levine

Larry Jay Levine, a former Federal Inmate and founder of prison consulting firm American Prison Consultants, outlines the type of charges and sentences alleged Ponzi scheme perpetrator Bernard Madoff could expect for his role in defrauding investors of over 50 billion dollars.

“Bernie’s through,” said Levine, “By the time the U.S. Attorney’s done stacking all the charges on him, 30 years gonna be looking like a good deal. And at 70 years old, the only way Bernie’s going home’s in a box. On the inside the Bureau of Prisons calls it ‘escaped by death’”.

"I saw lots of old millionaire swindlers when I was on the inside," said Levine, "It was kind of sad, cause you knew these guys were loaded once, and now they shine peoples shoes just to get a little extra food!"

Possible Madoff Criminal Statute Violations

18 U.S.C. § 1341, Mail Fraud and Swindles

20 year maximum sentence and if the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

18 U.S.C. § 1343, Fraud by Wire

20 year maximum sentence and if the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

18 U.S.C. § 1344, Bank Fraud

Whoever knowingly executes, or attempts to execute, a scheme or artifice—  to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody of or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned for more than 30 years, or both.

18 U.S.C. § 1348, Securities Fraud

Whoever knowingly executes, or attempts to execute, a scheme or artifice—to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o (d)); shall be fined under this title, or imprisoned not more than 25 years, or both.

18 U.S.C. § 664, Embezzlement From Employee Benefit Plan

Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employee welfare benefit plan or employee pension benefit plan, or of any fund connected therewith, shall be fined under this title, or imprisoned not more than five years, or both.

18 U.S.C. § 1956, Money Laundering

Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity—shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both. For purposes of this paragraph, a financial transaction shall be considered to be one involving the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity, and all of which are part of a single plan or arrangement.