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Pre-Trial Detention and White-Collar Defendants

By Steven F. Reich and Arunabha Bhoumik
April 24, 2009

The Eighth Amendment commands that “excessive bail shall not be required.” Despite this prohibition, there is no guarantee that those accused of federal crimes will remain at liberty while awaiting their day in court. This article reviews pretrial bail decisions in two recent federal prosecutions: United States v. Bernard Madoff and United States v. Marc Dreier. These cases arose during the recent financial meltdown and provide a very recent window into how courts assess the right to bail in cases where the defendant allegedly has inflicted massive economic harm on the public.

The Bail Reform Act

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