December 14, 2013
Defense lawyers will seek to discredit DiPascali by shedding light on his history of gauging his deceit “according to his targeted audience,” said W. James Payne, a criminal defense lawyer in Shallotte,North Carolina, who isn’t involved in the case.
“The defense will go to great lengths and detail to show what an accomplished liar DiPascali is,” Payne said in an interview. “Getting him to admit that he has told different versions of the truth about this case at different times sets him up to be crossed on how good he is at lying.”
At his 2009 plea hearing, DiPascali told U.S. District Judge Richard Sullivan that he’d participated in the fraud “knowingly and willfully.”
“From at least the early 1990s through December of 2008 there was one simple fact that Bernie Madoff knew, that I knew, and that other people knew but that we never told the clients,” DiPascali said, according to a transcript of the 2009 hearing. “No purchases or sales of securities were actually taking place in their accounts.”