Thursday, February 5, 2009
Who gets released pending trial has proved interesting -- especially in some of the recent white collar cases. For the most part this blog has focused on bail post conviction, noting that Bernie Ebbers remained free, Jeffrey Skilling went to prison, Conrad Black to prison, and Wesley Snipes received bail. But the standard pre-trial is different, and a much more difficult one for the government to overcome. After all, the individual is presumed to be innocent.
Bernie Madoff, despite allegations of enormous amounts of money involved in the alleged scheme, was released with conditions that included house arrest. Art Nadel, in his first attempt to secure bail was denied it with the court finding him - according to the Bradenton Herald - "too much of a flight risk" (see here). How he fares when he appears in a New York court remains to be seen. And now we see Marc S. Dreier being allowed to post bond. It looks like the bond details will keep Dreier from reading this blog, as it includes removal of his computer from his residence. But that is the least of his concerns, as the creative conditions show that the court is trying to provide his pre-trial release while also making any possibility of flight non-existent. (see NYLJ, law.com, Judge Paves Way for Dreier's Release; Larry Neumeister Houston Chronicle (AP), House arrest for lawyer in $400 million fraud case).