Now, it’s certainly true that DiPascali is an unusual cooperator in that he’s not “ratting up,” as is the usual practice. The kingpin, Madoff, has already pleaded guilty and is now serving a lengthy jail sentence. Ordinarily, a cooperator like DiPascali could be expected to inform on the people above him on the food chain. But Madoff, no doubt realizing that no amount of cooperation would keep him out of prison for the rest of his life, stonewalled prosecutors and claimed that he was the only one who committed crimes. That was obvious bunk, so prosecutors cut a deal with DiPascali, the No. 2 man in the Madoff organization.

DiPascali can be expected to provide details on a vast array of issues crucial to the case, including the role, if any, of family members. And since he worked for Madoff since graduating from high school in the mid-1970s, he can provide prosecutors with basic, inside information that they do not have, and help them wade through the mountain of documentation the investigation has yielded. Sure, the temptation to lie and protect people is enormous. But you can bet that prosecutors will go over his testimony with a fine-tooth comb, and that his cooperation agreement will include the standard clause invalidating the whole thing if he is caught in even a single lie.

In other words, like it or not, Frank DiPascali is the government’s last and perhaps only hope in bringing to justice all of the people involved in the biggest white-collar criminal conspiracy in American history.

Yes, it’s a shame that DiPascali has to be released on bail. But that’s part of the deal with the man, and the judge should go along with it. If the government can’t keep its deals with cooperators like DiPascali, other potential cooperating witnesses, in this and other cases, are less likely to come forward. It’s not pleasant. But that’s how the system works. So Judge Sullivan has no practical alternative: He simply must hold his nose and free Frank DiPascali.