Chad Brey, WSJ has an article online titled – Madoff to Remain Free. (see also Diana B. Henriques, NYTimes, Judge Rules Madoff Can Remain Free on Bail.   

This is not a surprising result as Madoff has not been convicted of any crimes and has not been indicted. Although the courts have been providing varying results in cases post-conviction (Bernie Ebbers remained free; Jeff Skilling to prison; Martha Stewart free until she decided to go; Former Atlanta Mayor Bill Campbell to prison; Conrad Black to prison; Wesley Snipes bail, etc.), one seldom sees a white collar offender in prison prior to trial.  The test applied by judges is found in 18 U.S.C. s 3142, which provides in part:

"upon motion of the attorney for the Government or upon the judicial officer’s own motion in a case, that involves—

(A) a serious risk that such person will flee; or

(B) a serious risk that such person will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror."

Thus, when a court is able to find measures to assure that there is no flight and when there is little likelihood of an obstruction, placing the individual in jail pre-trial is unlikely. So seeing a court ruling that Madoff remain free and adding measures to make certain that assets are not dissipated, is not surprising.

(esp)

Addendum – Mark Hamblett, NYLJ, law.com, Madoff Ruled Not a ‘Danger to Community’ Remains on House Arrest