A federal judge has denied a bid by former WorldCom CEO Bernard Ebbers for a new trial, paving the way for him to be sentenced today in the record $11 billion fraud.

Ebbers had argued the judge or prosecutors should have granted immunity to three witnesses that Ebbers contends could have helped clear him of charges related to the fraud.

His lawyers also said prosecutors unfairly prejudiced jurors by suggesting in their closing statement that there was evidence outside the trial record that proved government witnesses were telling the truth.

“I find that none of these grounds requires a new trial,” Judge Barbara Jones wrote in a ruling made public yesterday.

Ebbers’s lawyers had sought the testimony of the three witnesses – former WorldCom executives – Ronald Beaumont, Ronald Lomenzo, and Stephanie Scott – but each invoked their Fifth Amendment right and did not testify.

“Defendant fails to show that the government has used immunity to gain a tactical advantage over him, or that the testimony of Beaumont, Lomenzo or Scott would be exculpatory,” Judge Jones wrote.

Judge Jones also noted that she had told jurors to disregard the remark in the prosecution’s closing argument.

“Considering the heft of the evidence, it is extraordinarily unlikely that one oblique comment by the government at the end of a lengthy, detailed summation could have made any difference in the jury’s ultimate decision to convict,” she wrote.

Ebbers’s lawyers also argued Judge Jones unfairly told jurors they could find him guilty based on “conscious avoidance,” which they said allowed jurors to convict Ebbers because he “should have known” about the fraud.

The ruling by Judge Jones means Ebbers’ sentencing hearing will go forward this morning.

In papers filed last month, federal prosecutors asked Judge Jones to follow a probation report that calculated Ebbers’ crimes under federal sentencing guidelines and suggested he receive a life sentence.

“The enormity of the crimes that Ebbers committed cannot be overstated: The fraud at WorldCom was the largest securities fraud in history,” prosecutors wrote, noting the name WorldCom is now “synonymous with fraud.”

Still, a Supreme Court ruling earlier this year made the sentencing guidelines only advisory for federal judges, not mandatory, giving Judge Jones far greater flexibility in determining Ebbers’s penalty.

For his part, the 63-year-old former CEO has asked for a term “substantially below” life in prison, citing his poor health and a history of charitable works. More than 100 people have also written to Judge Jones on his behalf.

On Monday, another judge gave preliminary approval to a settlement under which Ebbers must forfeit almost all his personal assets to resolve a shareholder lawsuit.