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Attorney Brandon Sample told Adjudicator Denny Chin that Madoff, 81, and bedfast to a wheelchair, should be accustomed to challenge claims by prosecutors that he has bootless to appearance anguish for his decades-long arrangement to bluff bags of investors out of billions of dollars.

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Prosecutors filed affidavit aftermost ages in Manhattan federal cloister opposing the appeal by Madoff for compassionate release. They acclaimed that 500 victims against aboriginal absolution for a man adversity from branch disease. Only 20 belletrist were accounting by victims in abutment of release, prosecutors said.

The federal Bureau of Prisons has agreed that Madoff has beneath than 18 months to alive but has denied aboriginal absolution on the area that it would abbreviate the severity of his crime.

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Chin, who still presides over the Madoff case alike admitting he is now a federal appeals cloister judge, bedevilled Madoff in 2009 afterwards the already awful admired financier accepted to abandonment $17.5 billion entrusted to him by investors worldwide. A trustee has recovered about $14 billion for investors.

Sample said the adjudicator would account from “hearing anon from Mr. Madoff about his accepting of responsibility.”

“Allowing Mr. Madoff to accord what is, in effect, a final dying, claimed appeal is imminently reasonable,” Sample wrote. “Mr. Madoff’s live, claimed account could additionally advice the Cloister in extensive its beefy accommodation on whether to admission Mr. Madoff compassionate release.”

Madoff has been confined his book at the federal bastille in Butner, North Carolina.

Assistant U.S. Attorney Drew Skinner said in a one-paragraph letter to Chin Thursday that he took no position on Madoff’s appeal to abode the judge.

But he said any accepting of albatross by Madoff would be “self-serving and of limited, if any, evidentiary value.”

(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

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