A second attempt by federal prosecutors to have Bernard Madoff jailed as he awaits trail has failed. After reviewing a 49-page document arguing that Madoff could not be trusted, U.S. District Judge Lawrence McKenna allowed the ponzi schemer to remain free this afternoon. The judge said prosecutors failed to make a compelling argument that Madoff is a flight risk or a danger to the community—the two main requirements to revoke bail. Madoff's defense said prosecutors are using "inflammatory rhetoric and hyperbole" to make a weak argument. He will await trial under house arrest.