CHICAGO (CBS) — It’s back to jail, at least for now, for a man accused of defrauding more than 100 Chicago seniors.

CBS 2’s Jim Williams reports a federal judge hasn’t yet decided if Mark Diamond should be released on bond.

Barbara Bailey’s mother was a victim.

She says she wants the man responsible to stay in jail.

“If Mr. Diamond is out, he can still go into the neighborhood or contact people to still scheme and defraud people,” says Bailey.

Mark Diamond is accused of stealing from 120 seniors by convincing them to take out reverse mortgages, then pocketing millions in equity.

He has been in custody for more than a year.

His attorney argues Diamond should be eligible for bond.

“He’s 61-years-old with no criminal background,” says Diamond’s attorney James Tunick. “He’s made attempts to rectify some of his wrongdoings. Just like any defendant he should be entitled to a bond.”

In court, Tunick said Diamond is transitioning from male to female and was abused by other inmates at the Metropolitan Correctional Center.

Later outside of court, Tunick said Diamond is actually not transitioning but is still suffering in custody.

He is now at the Livingston County Jail.

Diamond is getting little sympathy from family members of his alleged victims.

“I don’t wish bad on anyone but I was abused too,” says Bailey. “So maybe he should feel like I feel.”

Diamond’s attorney suggested in court that his client be confined to his mother’s home under electronic monitoring with no access to a computer.

Prosecutors argue lawsuits filed 15 years ago did not stop Diamond from committing more fraud.

A judge is now considering a request for bond.