Fines and restitution to the point of penury followed by strict government supervision to avoid recidivism is the answer.

Jeralyn: "I think the Government's position is absurd."

From a legal standpoint, I can understand and accept your posit as a criminal defense attorney. But from a moral standpoint, this guy is going to get what he clearly deserves.

A lot of people trusted Bernie Madoff, in large part because he had a distinguished professional pedigree and all the right friends in high places. Now, in retrospect, they were foolish to do so, because those types of 15-20% annual returns on investment were unrealistic even in boom times, and they should have served as a red flag to the investors, if not the feds.

But hindsight's always 20 / 20, isn't it? With a few exceptions such as the one you cited, Madoff pretty much screw the whole kit-and-kaboodle of investors, and in the process trashed the lives of countless numbers of small middle-class people like you and me.

Given the federal government's passive complicity in enabling Madoff's shenanigans to continue for nearly eight years after SEC officials were first informed that the guy was probably operating a giant ponzi scheme in late 2000, I agree wholeheartedly with you that its subsequent position on Madoff's sentencing is absurd and, might I add, even unnecessarily vindictive.

The feds' job was to protect investors, and in that they failed both miserably and spectacularly. Now, they seek revenge ex post facto on their behalf. What good does that do people whose financial well-being has been undermined and ruined, and peace of mind shattered?

But speaking as a small investor who's seen his retirement acounts fleeced by these high flying corporate con artists operators in the past, i.e., Enron, etc., I earnestly hope that Bernie Madoff rots in his cell, both in this world and beyond, for eternity.

Like Skilling, Ebbers and Rigas, Madoff ripped off thousands of people.  Would there be similar calls for compassion for a 19 year old black man who had burglarized a thousand different homes?  Of course not.

Madoff has destroyed the lives of thousands of people just as surely as if he had taken out a gun and shot them.

Just because someone literally destroys your means of life with a pen and paper, does not make you any less destitute.

Madoff's victims include aged pensioners, as well as numerous charities.  People who are now no longer able to recover from his crime.

What about this?:
"Chin said he was especially moved by a letter he got describing how Madoff conned an 86-year-old widow by putting his arm around her "and in a kindly manner told her not to worry, that the money is safe with me."

Let us remember that Madoff was a former CHAIRMAN of the NASDAQ! That carries some weight. That implies the supervision of governmental agencies. It's not the normal con where the victim knowingly goes along with something that he/she has reason to believe might be illegal.

I don't understand the idea behind identifying someone like Madoff as a "white collar" criminal. The only difference would appear to be the lack of use of a deadly weapon. But what kind of sentence would a minority person, even using a toy pistol, get for holding up a local store - or a bank? Multiply that by the number of incidences of theft perpetrated by Madoff.

It's almost as if some feel that the enormity of what Madoff did entitles him to some kind of special consideration. Like dropping the bomb on a populated city is judged differently than one individual shooting another.

This guy did not steal money from me.
But I know how I would feel if all of my savings were to have been taken from me and my family would have no means of support. It could feel like a death sentence. As you know, some of the victims of the former NASDAQ chief killed themselves.

In additon, just like the death penalty, these huge sentences don't seem to be much of a deterrent to others.

for messrs madoff and skilling. ken lay had the decency to die, before sentence was passed, sparing us all a lot of wailing, keening and beating of breasts.

mr. madoff and his family lived high (ginormously so!) on the hog, for 30 odd years, on other people's money, money that will never, ever be returned to them. did i mention it will never, ever be returned to them?

is 150 years reasonable, or even realistic? of course not, it's merely a bargaining chip, to get to what they can sell the victims as justice done. i just don't see argentina weeping for this evita.

In fact, as I wrote at the time, I don't even get why Madoff pleaded guilty.