The nine-woman, three-man panel weighing charges the defendants knowingly aided Madoff's Ponzi scheme had completed about eight hours of deliberations over two days when a stomach ailment struck one juror.
Deliberations in the trial, one of the longest white-collar crime proceedings in Manhattan federal court history, were tentatively scheduled to resume Wednesday.
However, U.S. District Court Judge Laura Taylor Swain held preliminary talks with prosecution and defense lawyers Tuesday to develop a contingency plan in case the missing juror faces a long illness.
Attorneys on both sides signaled their preference to wait at least a day, if necessary, and continue with the current panel. If that's not possible, Taylor Swain said she could recall one of three alternate jurors who were provisionally excused when deliberations started shortly after noon on Monday.
Before breaking for the day, jurors sent the judge the latest of several notes asking to review specific evidence. The request included additional testimony of Enrica Cotellessa-Pitz, a former Madoff employee who pleaded guilty in the scam and agreed to testify against her former co-workers.
The defendants include Daniel Bonventre, Madoff's former operations chief; Annette Bongiorno, who oversaw the financier's major clients; JoAnn Crupi, day-to-day manager of the investment business' bank account; and former Madoff computer programmers George Perez and Jerome O'Hara.
They have pleaded not guilty and argued Madoff and financial assistant Frank DiPascali, a former co-worker and the prosecution's star witness, hoodwinked them into doing work assignments that perpetuated the fraud.
The scam collapsed in December 2008 with Madoff's arrest. He's now serving a 150-year prison term.
The defendants face decades-long prison terms themselves if convicted of conspiracy, securities fraud, ba! nk fraud, tax evasion and other charges.
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