There's no way anyone can convince me that Madoff's sons and other high-ranking officials in his Ponzi scam pyramid business weren't aware of the truth that there were no investments and the "income" sent to investors was just the money that new investors entrusted to them.
No surprise that Madoff's lawyers are trying to get him more time at home to "tie up loose ends," or whatever excuse they can come up with.
"For many years up until my arrest I operated a Ponzi scheme," Madoff told the court. "When I began I thought it would be over shortly, it became difficult to stop." (complete article)