Barry Pollack discusses recently-filed order indicating that Bernard Madoff will waive indictment and instead be charged through a "criminal information," a procedure that usually indicates a plea agreement has been reached. "That would certainly indicate to me that he is going to enter a guilty plea on that date," said Pollack. He cautioned that plea talks can always fall apart at the last minute, but he said the waiver of indictment was a strong hint that plea negotiations were progressing well. It also meant Mr. Madoff's lawyers could negotiate with prosecutors over which charges he would face and plead guilty to, he added. "There are a lot of practical reasons why it's a good time to have the plea discussions" before an indictment is handed up, Pollack said.
The article also appeared in the Washington Times.