NEW YORK (CBSNewYork) – Federal prosecutors are calling on a judge to keep 81-year-old Ponzi scammer Bernie Madoff in prison, despite his claims that he could die from kidney disease within months.

A brief was filed Wednesday night in Manhattan federal court and includes statements from some of Madoff’s victims.

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His lawyers want him freed under a program that permits the release of some inmates who have less than 18 months to live.

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They now have until next Wednesday to respond to the prosecution’s recommendation. The judge will then decide whether to hold a hearing before issuing a ruling.

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Madoff has served 11 years of his 150-year sentence.