Kendall Coffey on the Peter Madoff Case

Peter Madoff expected to plead guilty to fraud

It is likely that the brother of Bernie Madoff will plead guilty tomorrow to involvement in what is the biggest Ponzi scheme in U.S. history.  According to the Today Show Peter Madoff, as the Chief Compliance Officer of Bernard L. Madoff Investment Securities LLC , was essentially the firm’s second-in-command.  As Bernie’s kid brother he was the one left in charge when Bernie was out of town or otherwise occupied.

 

Kendall Coffey at Coffey Burlington

Kendall Coffey at Coffey Burlington

Bernie Madoff himself has continually insisted that he worked alone in the $65 billion fraud, likely to protect his wife, sons, and brother who all worked for the firm.  Until Peter Madoff, all of them have claimed to have no knowledge of the massive scheme that Bernie orchestrated.

 

But although Peter is the only family member to be charged so far with fraud, that doesn’t mean that his guilty plea lets the rest of the family members off of the hook.  The prosecution remains active, and there will likely be further investigations.

 

As part of his guilty plea, Peter will not only spend 10 years in jail, he will also forfeit all of his possessions.  Prosecutors value those to be about $143.1 billion dollars.  But legal experts caution that this is likely a symbolic number.

 

“While he would be agreeing to a forfeiture of $143 billion, in the real world that’s a paper number,” Kendall Coffey explained to the Today Show.  “The victims should be expecting little if any of that to be coming to them from Peter Madoff.”

 

Kendall Coffey Quotes

Kendall Coffey

 

Trayvon Martin in the Court of Public Opinion

The Trayvon Martin case continues, although the court of public opinion seems undecided on whether or not George Zimmerman is guilty.  While the initial decision by the media seemed to be that Zimmerman was an aggressive vigilante who had of course shot Martin unprovoked, the public seems to have changed its tune in the last couple days.

 

Kendall Coffey on the George Zimmerman trial

Kendall Coffey on the George Zimmerman trial

According to Joy-Ann Reid over at thegrio.com, the change is partially based on the photos that were taken of the wounds on the back of Zimmerman’s head.   News groups like ABC have suggested that these wounds may give enough credence to his claims of self-defense that perhaps the second degree murder charges should be dropped.

 

But, that’s really just speculation.  Legal experts like Kendall Coffey say that the pictures don’t prove that  Zimmerman is innocent by a long shot.

 

Kendall Coffey says pictures might not prove anything

Kendall Coffey says pictures might not prove anything

 

“What it proves is that [he’s] got credible evidence on one of the elements of Stand Your Ground,’ which is the claim that he was in reasonable fear of serious bodily injury. But that doesn’t answer the question of who stated the fight, or the other critical question: did Zimmerman have to finish the fight by killing Trayvon Martin?”

Just because someone strikes you does not mean that you are justified in shooting to kill, even under Florida’s “Stand Your Ground” law.  And as Catherine Crier, a former distict court judge and TV legal analyst, explains, “”There’s an interesting provision right at the end of the statute [that says] you can’t use ‘Stand Your Ground’ if you initially provoke the use of force, unless that person is coming at you with such great force that you really are fearful for your life, and you’ve exhausted every other means of escape other than force.”

“You’re telling me that George Zimmerman — armed — has a gun, and he is terrified that Trayvon Martin is going to get him, and he has really tried to run?” Crier asks.

Of course, before the media starts calling for prosecutors to drop the case against Zimmerman they should probably remember that the prosecution has already seen those images.

“They were fully aware of that information, and yet reached a conclusion that they could prove second degree murder beyond a reasonable doubt,” Coffey explained.  “Rushing to judgment that Zimmerman is innocent is equally as wrong as rushing to judgment that he is guilty.”

As it stands now, the group representing Zimmerman is taking steps to try to quell the media sensation that has arisen, although it might well be too late.  They’ve urged the public to remember that “the only proper place to determine the guilt or innocence of George Zimmerman is in court,” partially because the only people who will have all of the information at their fingertips will be the jury.