Does Madoff's defense attorney have a conflict of Interest?

A convenient exemplar of a government presentation in a "Curcio" hearing under F.R. Crim. Pro. 44 is this letter to Judge Sand, which Judge District Denny Chin (a Fordham alum) ruled upon today.

During the hearing, Judge Chin asked Mr. Madoff to detail his understanding of the conflicts and he did so.

The judge then said: “I find that the conflicts here are waivable. I find further that Mr. Madoff understands his right to conflict-free counsel and is waiving that right, and I find he is doing so knowingly.”

“Mr. Sorkin can continue to represent Mr. Madoff in this matter,” Judge Chin said.

The result was a foregone conclusion - the government was just making sure that Madoff had no ground for later complaint if he comes to regret the guilty pleas which is expected he will enter on March 12.

The Department of Justice has now posted a transcript of the Curcio hearing.

The court also addresses the waiver of indictment, and makes reference to a Pimentel letter. In that document the government lays out the possible sentence the accused faces.